[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1224 Introduced in Senate (IS)]






109th CONGRESS
  1st Session
                                S. 1224

             To protect the oceans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2005

Mrs. Boxer (for herself and Mr. Lautenberg) introduced the following 
        bill; which was read twice and referred to the Committee on 
        Commerce, Science, and TransportationYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
             To protect the oceans, 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 ``National Oceans 
Protection Act of 2005''.
    (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--NATIONAL OCEAN POLICY AND LEADERSHIP

Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Policy.
      Subtitle A--National Oceanic and Atmospheric Administration

Sec. 111. Establishment.
Sec. 112. Functions and purposes.
Sec. 113. National Oceanic and Atmospheric Administration.
Sec. 114. Responsibilities of the Administrator. 
Sec. 115. Powers of the Administrator.
Sec. 116. Enforcement.
Sec. 117. Regional capabilities.
Sec. 118. Intergovernmental coordination.
Sec. 119. International consultation and cooperation.
Sec. 120. Report on oceanic and atmospheric conditions and trends.
Sec. 121. Conforming amendments and repeals.
Sec. 122. Savings provision.
Sec. 123. Transition.
              Subtitle B--Federal Coordination and Advice

Sec. 131. Council on Ocean Stewardship.
Sec. 132. Membership.
Sec. 133. Functions of Council.
Sec. 134. National priorities for coordination.
Sec. 135. Employees.
Sec. 136. Biennial report to Congress. 
Sec. 137. Presidential Panel of Advisers on Oceans and Climate.
Sec. 138. Federal program recommendations.
Sec. 139. Implementation.
Sec. 140. No effect on other authorities.
              Subtitle C--Ocean Conservation Certification

Sec. 151. Covered action defined.
Sec. 152. Certification.
Sec. 153. Review.
Sec. 154. Effect.
Sec. 155. Guidelines.
Sec. 156. Emergency exemption.
Sec. 157. Effective date.
                    Subtitle D--Offshore Governance

Sec. 161. Management and permitting of offshore uses for non-extractive 
                            activities.
Sec. 162. Marine aquaculture.
    Subtitle E--Ocean Science, Research, and Education Coordination

Sec. 171. Committee on Ocean Science, Education, and Operations.
Sec. 172. National strategy for ocean and coastal science.
Sec. 173. Ocean Research and Education Advisory Panel.
Sec. 174. Marine ecosystems research.
Sec. 175. Ocean ecosystem resource information systems.
Sec. 176. Funding for marine ecosystem research.
Sec. 177. Subcommittee on Ocean Education.
Sec. 178. Ocean and Coastal Education Program.
Sec. 179. Ocean Science and Technology Scholarship Program.
Sec. 180. Authorization of appropriations.
                      TITLE II--HABITAT MANAGEMENT

                Subtitle A--Management of Coral Habitats

Sec. 201. Short title.
Sec. 202. Policy.
Sec. 203. Definitions.
Sec. 204. Mapping and research.
Sec. 205. Data review and recommendations.
Sec. 206. Coral study areas.
Sec. 207. Coral management areas.
Sec. 208. International protections for deep sea corals and sponges.
Sec. 209. Report to Congress.
Sec. 210. Authorization of appropriations.
            Subtitle B--Protection of Essential Fish Habitat

Sec. 221. Contents of fishery management plans.
Sec. 222. Habitat protection program.
                    TITLE III--FISHERIES MANAGEMENT

Sec. 301. Amendment of Magnuson-Stevens Fishery Conservation and 
                            Management Act.
      Subtitle A--Ecosystem-Based Fisheries Management Objectives

Sec. 311. Purposes and policy.
Sec. 312. Definitions.
Sec. 313. National standards for fishery conservation and management.
Sec. 314. Contents of fishery management plans.
Sec. 315. Fisheries ecosystem plans.
Sec. 316. Authorization of appropriations.
                     Subtitle B--Bycatch Management

Sec. 321. Policy.
Sec. 322. Definitions.
Sec. 323. National standards for fishery conservation and management.
Sec. 324. Contents of fishery management plans.
Sec. 325. Other requirements and authority.
Sec. 326. Authorization of appropriations.
            Subtitle C--Cetacean and Sea Turtle Conservation

Sec. 331. Short title.
Sec. 332. Purposes.
Sec. 333. Definitions.
Sec. 334. International agreements and standards.
Sec. 335. Research and development grants.
Sec. 336. Bycatch database.
Sec. 337. Authorization of appropriations.
                 Subtitle D--Individual Fishing Quotas

Sec. 341. Individual fishing quotas.
Sec. 342. Definitions.
Sec. 343. Action on limited access systems.
              Subtitle E--Fisheries Science and Management

Sec. 351. Short title.
Sec. 352. Regional fishery management council committees and panels.
Sec. 353. Required provisions in fishery management plans.
Sec. 354. Peer review.
Sec. 355. Cooperative research, data collection, and gear modification 
                            program.
Sec. 356. Amendments to Saltonstall-Kennedy Act.
                        TITLE IV--MARINE MAMMALS

Sec. 401. Emerging threats to marine mammals.
Sec. 402. National Ocean Noise Pollution Research Fund.
Sec. 403. Take reduction plans.
Sec. 404. Fisheries gear development to reduce bycatch.
Sec. 405. Clarification and expansion of fisheries required to 
                            participate in the incidental take program 
                            to better address marine mammal bycatch 
                            associated with fishing.
Sec. 406. Conforming amendments to incidental take program.
Sec. 407. Authorizations for population stock assessments and observer 
                            programs.
          TITLE V--COASTAL HABITAT PROTECTION AND RESTORATION

           Subtitle A--Coastal and Estuarine Land Protection

Sec. 501. Establishment of Coastal and Estuarine Land Protection 
                            Program.
Sec. 502. Assistance from other agencies.
              Subtitle B--Coastal Barrier Resources System

Sec. 511. Pacific coastal barriers.
Subtitle C--Community-Based Restoration Program for Fishery and Coastal 
                                Habitats

Sec. 521. Establishment, purpose, and activities.
Sec. 522. Authorization of appropriations.
              Subtitle D--National Flood Insurance Program

Sec. 531. Periodic updating of floodplain areas and flood risk zones.
Sec. 532. Criteria for land management and use.
Sec. 533. Losses from erosion and undermining of shorelines.
Sec. 534. Special updates of maps.
                       TITLE VI--OCEAN EDUCATION

Sec. 601. National Oceanic and Atmospheric Administration National 
                            Office of Education.
Sec. 602. Amendment to the National Sea Grant College Program Act.
Sec. 603. National ocean awareness media campaign.
Sec. 604. Authorization of appropriations.
          TITLE VII--NONINDIGENOUS AQUATIC NUISANCE PREVENTION

                  Subtitle A--Ballast Water Management

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Ballast water management.
Sec. 704. Coast Guard report on other vessel-related vectors of 
                            invasive species.
   Subtitle B--Early Detection; Rapid Response; Control and Outreach

Sec. 711. Early detection.
Sec. 712. Rapid response.
Sec. 713. Dispersal barriers.
Sec. 714. Environmental soundness.
Sec. 715. Information, education, and outreach.
             Subtitle C--Aquatic Invasive Species Research

Sec. 721. Ecological, pathway, and experimental research.
Sec. 722. Analysis.
Sec. 723. Vessel pathway standards research.
Sec. 724. Graduate education in systematics and taxonomy.
                        Subtitle D--Coordination

Sec. 731. Program coordination.
Sec. 732. International coordination.
              Subtitle E--Authorization of Appropriations

Sec. 741. Authorization of appropriations.
                   Subtitle F--Conforming Amendments

Sec. 751. Conforming amendments.
                   TITLE VIII--CONTAMINATED SEDIMENTS

Sec. 801. Designation of sites.
Sec. 802. Sediment quality survey, monitoring, criteria, and standards.
Sec. 803. No preemption of State or local authority.
                   TITLE IX--OCEANS AND WATER QUALITY

Sec. 901. Water quality criteria and standards for discharges of 
                            nutrients.
Sec. 902. Continuing planning processes for total maximum daily loads.
Sec. 903. Sanitary sewer overflows.
Sec. 904. Stormwater runoff from construction and development activity.
Sec. 905. Beach water testing.
Sec. 906. Agricultural best management practices.
Sec. 907. Grants to States for establishment of revolving funds.
Sec. 908. Authorization of appropriations for safe drinking water State 
                            revolving fund.
Sec. 909. No preemption of State or local authority.
                   TITLE X--MISCELLANEOUS PROVISIONS

Sec. 1001. Citizen suits.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Covering more than \2/3\ of the Earth's surface, the 
        oceans play a critical role in the global water cycle and in 
        regulating climate, sustain a large part of Earth's 
        biodiversity, provide an important source of food and a wealth 
        of other natural products, act as a frontier for scientific 
        exploration, are critical to national and economic security, 
        and provide a vital means of transportation. The coastal 
        regions of the United States have remarkably high biological 
        productivity and contribute approximately 50 percent of the 
        gross domestic product of the United States.
            (2) The oceans and the atmosphere are susceptible to change 
        as a direct and indirect result of human activities, and such 
        changes can significantly impact the ability of the oceans and 
        atmosphere to provide the benefits upon which the Nation 
        depends. Changes in ocean and atmospheric processes could 
        affect global climate patterns, ecosystem productivity and 
        health, biodiversity, environmental quality, national security, 
        economic competitiveness, availability of energy, vulnerability 
        to natural hazards, and transportation safety and efficiency.
            (3) Human pressure on ocean resources is drastically 
        increasing. Fifty percent of the population of the United 
        States lives within 50 miles of the coast. If population trends 
        continue as expected, coastal development and urbanization 
        impacts, which can be substantially greater than population 
        impacts alone, will present serious environmental, energy, and 
        water challenges and increase our vulnerability to coastal 
        hazards.
            (4) 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 in a 
        precautionary manner to preserve the full range of their 
        benefits for present and future generations.
            (5) 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) chemical, nutrient, and biological pollution;
                    (B) bycatch of nontarget marine species;
                    (C) habitat damage;
                    (D) overfishing and use of destructive fishing 
                practices;
                    (E) unwise land use and coastal development;
                    (F) invasive species; and
                    (G) global climate change.
            (6) These threats are exacerbated by the legal and 
        geographic fragmentation of authority over ocean space and 
        ocean resources.
            (7) Activities harming coastal and marine ecosystems 
        jeopardize the economies and social structure of coastal 
        communities dependent on these resources.
            (8) 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 unified and comprehensive public policy toward 
        the oceans.
            (9) Improving and coordinating Federal governance will 
        require close partnerships with States, taking into account 
        their public trust responsibilities, economic and ecological 
        interests in ocean resources, and the role of State and local 
        governments in implementation of ocean policies, and managing 
        use of coastal lands and ocean resources.
            (10) Ecosystem-based management of coastal lands, oceans, 
        and marine resources to protect, maintain, and restore the 
        health of marine ecosystems requires a partnership between 
        Federal, State, local, and tribal governments.
            (11) It is the continuing mission of the Federal Government 
        to create, foster, and maintain conditions, incentives, and 
        programs that will further and assure the sustainable and 
        effective conservation, management, and protection of the 
        oceans and atmosphere, in order to fulfill the responsibility 
        of each generation as trustee in protecting such resources and 
        ensuring that such resources will be available to meet the 
        needs of future generations of Americans.
            (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 that is precautionary in 
        nature is needed to govern the range of human activities that 
        may significantly affect United States ocean waters and ocean 
        resources.

SEC. 3. PURPOSE.

    The purpose of this Act is to secure, for present and future 
generations of people of the United States, the full range of 
environmental, economic, educational, social, cultural, nutritional, 
and recreational benefits of healthy marine ecosystems.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of NOAA.
            (2) Commission on ocean policy.--The term ``Commission on 
        Ocean Policy'' means the Commission on Ocean Policy established 
        by section 3 of the Oceans Act of 2000 (33 U.S.C. 857-19 note).
            (3) Marine.--The term ``marine'' includes ocean waters.
            (4) Marine ecosystem health.--The term ``marine ecosystem 
        health'' means the capability of a marine ecosystem to--
                    (A) support and maintain a productive and resilient 
                community of organisms that has a species composition, 
                biological diversity, and functional organization 
                comparable to the natural habitat of the region; and
                    (B) provide a range of goods and services to humans 
                and other species at levels and rates comparable to 
                those provided by a similar undisturbed ecosystem.
            (5) NOAA.--The term ``NOAA'' means the National Oceanic and 
        Atmospheric Administration.
            (6) Ocean and ocean waters.--The terms ``ocean'' and 
        ``ocean waters'' include--
                    (A)(i) coastal areas;
                    (ii) the Great Lakes;
                    (iii) the seabed, subsoil, and waters of the 
                territorial sea of the United States;
                    (iv) the waters of the exclusive economic zone of 
                the United States;
                    (v) the waters of the high seas; and
                    (vi) the seabed and subsoil of and beyond the Outer 
                Continental Shelf marine environment; and
                    (B) the natural resources found in the areas 
                described in clauses (i) through (vi) of subparagraph 
                (A).
            (7) Person.--The term ``person'' has the meaning given that 
        term by section 1 of title 1, United States Code, but also 
        means any State, political subdivision of a State, or agency or 
        officer thereof.
            (8) Secretary.--Except as otherwise provided in this Act, 
        the term ``Secretary'' means the Secretary of Commerce.
            (9) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, or any 
        other Commonwealth, territory, or possession of the United 
        States.

             TITLE I--NATIONAL OCEAN POLICY AND LEADERSHIP

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Ernest `Fritz' Hollings National 
Ocean Policy and Leadership Act''.

SEC. 102. PURPOSES.

    The purposes of this title are--
            (1) to set forth a national policy relating to oceans and 
        atmosphere, and, through an organic act, formally to establish 
        the National Oceanic and Atmospheric Administration as the lead 
        Federal agency concerned with ocean and atmospheric matters;
            (2) to establish in the National Oceanic and Atmospheric 
        Administration, by statute, the authorities, functions, and 
        powers relating to the conservation, management, and protection 
        of the oceans and atmosphere which have previously been 
        established by statute or reorganization plan;
            (3) to set forth the duties and responsibilities of the 
        Administration, and the principal officers of the 
        Administration;
            (4) to establish a mechanism for Federal leadership and 
        coordinated action on national ocean and atmospheric priorities 
        that are essential to the economic and environmental security 
        of the United States; and
            (5) to enhance Federal partnerships with the State and 
        local governments with respect to ocean activities, include 
        management of ocean resources and identification of appropriate 
        opportunities for policymaking and decisionmaking at the State 
        and local level.

SEC. 103. POLICY.

    It is the policy of the United States to establish and maintain for 
the benefit of the United States a coordinated, comprehensive, and 
long-range national program of ocean and atmospheric research, 
conservation, management, education, monitoring, and assessment that 
will--
            (1) recognize the linkage of ocean, land, and atmospheric 
        systems, including the linkage of those systems with respect to 
        climate change;
            (2) protect life and property against natural and manmade 
        hazards, including protection through weather and marine 
        forecasts and warnings;
            (3) protect, maintain, and restore the long-term health, 
        productivity, and diversity of the ocean environment, including 
        its natural resources and to prevent pollution of the ocean 
        environment;
            (4) ensure responsible and sustainable use of fishery 
        resources and other ocean and coastal resources held in the 
        public trust, using ecosystem-based management and a 
        precautionary and adaptive approach;
            (5) assure sustainable coastal development based on 
        responsible State and community management and planning, and 
        reflecting the economic and environmental values of ocean 
        resources;
            (6) develop improved scientific information and use of the 
        best scientific information available to make decisions 
        concerning natural, social, and economic processes affecting 
        ocean and atmospheric environments;
            (7) enhance sustainable ocean-related and coastal-dependent 
        commerce and transportation, balancing multiple uses of the 
        ocean environment;
            (8) provide for continued investment in and improvement of 
        technologies for use in ocean and climate-related activities, 
        including investments and technologies designed to promote 
        national economic, environmental, and food security;
            (9) expand human knowledge of marine and atmospheric 
        environments and ecosystems, including the role of the oceans 
        in climate and global environmental change, the 
        interrelationships of ocean health and human health, and the 
        advancement of education and training in fields related to 
        ocean, coastal, and climate-related activities;
            (10) facilitate a collaborative approach that encourages 
        the participation of a diverse group of stakeholders and the 
        public in ocean and atmospheric science and policy, including 
        persons from under-represented groups;
            (11) promote close cooperation among all government 
        agencies and departments, academia, nongovernmental 
        organizations, private sector and stakeholders based on this 
        policy to ensure coherent, accountable, and effective planning, 
        regulation, and management of activities affecting oceans and 
        atmosphere, including climate;
            (12) promote governance and management of the United States 
        ocean resources through a partnership of the Federal Government 
        with States, territories, and Commonwealths that reflects their 
        public trust responsibilities and interest in ocean 
        environmental, cultural, historic, and economic resources; and
            (13) preserve the role of the United States as a global 
        leader in ocean, atmospheric, and climate-related activities, 
        and the cooperation in the national interest by the United 
States with other nations and international organizations in ocean and 
climate-related activities.

      Subtitle A--National Oceanic and Atmospheric Administration

SEC. 111. ESTABLISHMENT.

    There is established an agency which shall be known as the National 
Oceanic and Atmospheric Administration, which shall be the civilian 
agency principally responsible for providing oceanic, weather, and 
atmospheric services and supporting research, conservation, management, 
and education to the nation. The National Oceanic and Atmospheric 
Administration established under this Act shall succeed the National 
Oceanic and Atmospheric Administration established on October 3, 1970, 
in Reorganization Plan No. 4 of 1970 and shall continue the activities 
of that agency as it was in existence on the day before the effective 
date of this Act.

SEC. 112. FUNCTIONS AND PURPOSES.

    (a) In General.--NOAA shall be responsible for the following 
functions, through which it shall carry out the policy of this Act in a 
coordinated, integrated, and ecosystem-based manner for the benefit of 
the United States:
            (1) Management, conservation, protection, and restoration 
        of ocean resources, including living marine resources, habitats 
        and ocean ecosystems.
            (2) Observation, monitoring, assessment, forecasting, 
        prediction, operations and exploration for ocean and 
        atmospheric environments including weather, climate, navigation 
        and marine resources.
            (3) Research, education and outreach, technical assistance, 
        and technology development and innovation activities relating 
        to ocean and atmospheric environments including basic 
        scientific research and activities that support other agency 
        functions and missions.
    (b) Transfer of Functions.--There shall be transferred to the 
Administrator any authority established by law that, before the date of 
enactment of this Act, was vested in the Secretary of Commerce and 
pertains to the functions, responsibilities, or duties of NOAA under 
subsection (a).

SEC. 113. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) Administrator.--
            (1) Appointment.--NOAA shall be administered by the 
        Administrator, who shall be appointed by the President, by and 
        with the advice and consent of the Senate.
            (2) Compensation.--The Administrator shall be compensated 
        at the rate provided for level II of the Executive Schedule 
        under section 5314 of title 5, United States Code.
            (3) Qualifications.--The Administrator shall have a broad 
        background, professional knowledge, and substantial experience 
        in oceanic or atmospheric affairs, including any field relating 
        to marine or atmospheric science and technology, biological 
        sciences, engineering, as well as education, economics, 
        governmental affairs, planning, law, or international affairs.
            (4) Authority.--The Administrator shall carry out all 
        functions transferred to the Administrator by this Act and 
        shall have authority and control over all personnel, programs, 
        and activities of NOAA.
    (b) Deputy Administrator.--There shall be a Deputy Administrator, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate, based on the individual's professional 
qualifications and without regard to political affiliation. The Deputy 
Administrator shall have a broad background, professional knowledge, 
and substantial experience in oceanic or atmospheric policy or 
programs, including science, technology, and education. The Deputy 
Administrator shall serve as an adviser to the Administrator on program 
and policy issues, including crosscutting program areas such as 
research, technology, and education and shall perform such functions 
and exercise such powers as the Administrator may prescribe. The Deputy 
Administrator shall act as Administrator during the absence or 
disability of the Administrator in the event of a vacancy in the office 
of Administrator. The Deputy Administrator shall be the Administrator's 
first assistant for purposes of subchapter III of chapter 33 of title 
5, United States Code, and shall be compensated at the rate provided 
for level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.
    (c) Associate Administrator for Ocean Management and Operations.--
There shall be in NOAA an Associate Administrator for Ocean Management 
and Operations, who shall be appointed by the President, by and with 
the advice and consent of the Senate. The Associate Administrator for 
Ocean Management and Operations shall have a broad background, 
professional knowledge, and substantial experience in oceanic or 
atmospheric policy or programs, and shall perform such duties and 
exercise such powers as the Administrator shall from time to time 
designate. The Associate Administrator shall be compensated at the rate 
provided for level V of the Executive Schedule under section 5315 of 
title 5, United States Code.
    (d) Associate Administrator for Climate and Atmosphere.--There 
shall be in NOAA an Associate Administrator for Climate and Atmosphere, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate. The Associate Administrator for Climate and 
Atmosphere shall have a broad background, professional knowledge, and 
substantial experience in oceanic or atmospheric policy or programs, 
and shall perform such duties and exercise such powers as the 
Administrator shall from time to time designate. The Associate 
Administrator shall be compensated at the rate provided for level V of 
the Executive Schedule under section 5315 of title 5, United States 
Code.
    (e) Chief Operating Officer.--There shall be a Chief Operating 
Officer of NOAA, who shall assume the responsibilities held by the 
Deputy Undersecretary of Commerce prior to enactment of this Act. The 
Chief Operating Officer shall be responsible for ensuring the timely 
and effective implementation of NOAA's purposes and authorities and 
shall provide resource, budget, and management support to the Office of 
the Administrator. The Chief Operating Officer shall be responsible for 
all aspects of NOAA operations and management, including budget, 
financial operations, information services, facilities, human 
resources, procurements, and associated services. The Chief Operating 
Officer shall be a Senior Executive Service position authorized under 
section 3133 of title 5, United States Code.
    (f) Assistant Administrators.--There shall be in NOAA at least 3, 
but no more than 4, Assistant Administrators. The Assistant 
Administrators shall perform such programmatic and policy functions as 
the Administrator shall from time to time assign or delegate, and shall 
have background, professional knowledge, and substantial experience in 
1 or more of the following aspects of ocean and atmospheric affairs:
            (1) Resource management, protection, and restoration.
            (2) Operations, forecasting, and services (including 
        weather and climate).
            (3) Science, technology, and education.
    (g) General Counsel.--There shall be in NOAA a General Counsel 
appointed by the President upon recommendation by the Administrator. 
The General Counsel shall serve as the chief legal officer for all 
legal matters which may arise in connection with the conduct of the 
functions of NOAA.
    (h) Commissioned Officers.--
            (1) The Administrator shall designate an officer or 
        officers to be responsible for oversight of NOAA's vessel and 
        aircraft fleets and for the administration of NOAA's 
        commissioned officer corps under section 228 of the National 
        Oceanic and Atmospheric Administration Commissioned Officer 
        Corps Act of 2002 (33 U.S.C. 3028).
            (2) The Commissioned Officer Corps of the National Oceanic 
        and Atmospheric Administration established by Reorganization 
        Plan No. 4 of October 3, 1970, is the Commissioned Officer 
        Corps of NOAA established under this Act.
            (3) All statutes that applied to officers of the 
        Commissioned Officers Corps of NOAA on the day before the date 
        of enactment of this Act apply to officers of the Corps on and 
        after such date.
            (4) There are authorized to be on the lineal list of the 
        Commissioned Officers Corps of NOAA at least 350 officers, plus 
        any additional officers necessary to support NOAA's missions 
        and the operation and maintenance of NOAA's ships and aircraft.
            (5) The President may appoint in NOAA, by and with the 
        advice and consent of the Senate, 2 commissioned officers to 
        serve at any one time as the designated heads of 2 principal 
        constituent organizational entities of NOAA, or the President 
        may designate 1 such officer as the head of such an 
        organizational entity and the other as the head of the 
        commissioned corps of NOAA. Any such designation shall create a 
        vacancy on the active list and the officer while serving under 
        this subsection shall have the rank, pay, and allowances of a 
        rear admiral (upper half).
            (6) Any commissioned officer of NOAA who has served under 
        paragraph (5) and is retired while so serving or is retired 
        after the completion of such service while serving in a lower 
        rank or grade, shall be retired with the rank, pay, and 
        allowances authorized by law for the highest grade and rank 
        held by him, but any such officer, upon termination of his 
        appointment in a rank above that of captain, shall, unless 
        appointed or assigned to some other position for which a higher 
        rank or grade is provided, revert to the grade and number he 
        would have occupied had he not served in a rank above that of 
        captain and such officer shall be an extra number in that 
        grade.
    (i) Naval Deputy.--The Secretary of the Navy may detail a Naval 
Deputy to the Administrator. This position shall be filled on an 
additional duty basis by the Oceanographer of the Navy. The Naval 
Deputy shall--
            (1) act as a liaison between the Administrator and the 
        Secretary of the Navy in order to avoid duplication between 
        Federal oceanographic and atmospheric activities; and
            (2) ensure coordination and joint planning by NOAA and the 
        Navy on research, meteorological, oceanographic, and geospatial 
        information services and programs of mutual organizational 
        interest.

SEC. 114. RESPONSIBILITIES OF THE ADMINISTRATOR.

    In addition to administering and carrying out all activities, 
programs, functions and duties, and exercising those powers, that are 
assigned, delegated, or transferred to the Administrator by this Act, 
any other statute, or the President, the responsibilities of the 
Administrator include--
            (1) management, conservation, protection, and restoration 
        of ocean resources, including--
                    (A) living marine resources (including fisheries, 
                vulnerable species and habitats, and marine 
                biodiversity);
                    (B) ocean areas (including marine sanctuaries, 
                estuarine reserves, and other managed areas);
                    (C) marine aquaculture;
                    (D) protection of ocean environments from threats 
                to human and ecosystem health, including pollution and 
                invasive species;
                    (E) sustainable management, beneficial use, 
                protection, and development of coastal regions; and
                    (F) mitigation of impacts of natural and manmade 
                hazards including climate change;
            (2) partnering with and supporting State and local 
        communities in undertaking management, conservation, 
        protection, and restoration of ocean resources described in 
        paragraph (1);
            (3) observation, analysis, processing, and communication of 
        comprehensive data and information concerning the State of--
                    (A) the upper and lower atmosphere;
                    (B) the oceans and resources thereof; and
                    (C) the Earth and near space environment;
            (4) collection, storage, analysis, and provision of 
        reliable scientific information relating to weather (including 
        space weather), climate, air quality, water, navigation, marine 
        resources, and ecosystems that can be used as a basis for sound 
        management, policy, and public safety decisions;
            (5) broadly based data, observing, monitoring, and 
        information activities, programs and systems relating to 
        oceanic and atmospheric monitoring and prediction, weather 
        forecasting, and storm warning, including satellite-based and 
        in-situ data collection and associated services;
            (6) weather forecasting, storm warnings, and other 
        responsibilities of the Secretary of Commerce and the National 
        Weather Service under Reorganization Plan No. 2 of 1965, 
        Reorganization Plan No. 4 of 1970, sections 3 and 4 of the Act 
        of October 1, 1890 (15 U.S.C. 312 and 313) and the Weather 
        Service Modernization Act (15 U.S.C. 313 note), and all other 
        statutes, rules, plans, and orders in pari materia;
            (7) providing navigation and assessment operations and 
        services, including maps and charts for the safety of marine 
        and air navigation, maintaining a network of geographic 
        reference coordinates for geodetic control, and observing, 
        charting, mapping, and measuring the marine environment and 
        ocean resources;
            (8) developing and improving geodetic and mapping methods 
        and studies of geophysical phenomena such as crustal movement, 
        Earth tides, and ocean circulation, including estuarine areas;
            (9) collecting, disseminating, and maintaining on a 
        continuing basis information relating to the status, trends, 
        health, use, and protection of the oceans and the atmosphere, 
        to all interested parties, including through an integrated 
        ocean observing system and national and regional ecosystem-
        based information management systems;
            (10) administering, operating, and maintaining satellite 
        and in-situ systems that can monitor global and regional 
        atmospheric weather conditions, climate and related oceanic, 
        solar, hydrological, and other environmental conditions, 
        collect information required for research on weather, climate, 
        and related environmental matters, and monitor the extent of 
        human-induced changes in the lower and upper atmosphere and the 
        related environment;
            (11) collecting, analyzing, and disseminating environmental 
        information, in support of environmental research and 
        development, including data in the fields of climatology, 
        atmospheric sciences, oceanography, biology, geology, 
        geophysics, solar-terrestrial relationships, and the 
        relationship among oceans, climate, and human health;
            (12) undertaking a comprehensive, integrated, and 
        ecosystem-based program of ocean, climate, and atmospheric 
        research related to, and supportive of the missions of NOAA and 
        which uses research products, new findings, and methodologies 
        to develop the most current scientific advice for ecosystem-
        based management;
            (13) conducting environmental research and development 
        activities that are necessary to advance the United States 
        ocean, atmospheric, engineering and technology expertise, 
        including the development and operation of observing platforms 
        such as ships, aircraft, satellites, data buoys, manned or 
        unmanned research submersibles, underwater laboratories or 
        platforms, and improved instruments and calibration methods, 
        and the advancement of undersea diving techniques;
            (14) conducting a continuing program of ocean exploration, 
        discovery and conservation of significant undersea resources, 
        including cultural resources, to benefit, inform, and inspire 
        the people of the United States, including communication of 
        such knowledge to policymakers and the public;
            (15) developing and implementing, in cooperation with other 
        agencies and entities as appropriate, national ocean and 
        atmospheric education, technical assistance, extension 
        services, and outreach programs designed to increase literacy 
        concerning ocean and atmospheric issues, develop a diverse work 
        force, and enhance stewardship of ocean and atmospheric 
        resources and environments;
            (16) ensuring the execution and implementation of national 
        ocean, atmospheric, and environmental policy goals through a 
        variety of ocean and atmospheric programs;
            (17) undertaking activities involving the integration of 
        domestic and international policy relating to the oceans and 
        the atmosphere, including the provision of technical advice to 
        the President on international negotiations involving ocean 
        resources, ocean technologies, and climate matters;
            (18) providing for, encouraging, and assisting public 
        participation in the development and implementation of ocean 
        and atmospheric policies and programs;
            (19) conducting, supporting, and coordinating efforts to 
        enhance public awareness of NOAA, its purposes, programs, 
        activities and the results thereof, including education and 
        outreach to the public, teachers, students, and ocean resource 
        managers;
            (20) partnering with other government agencies, States, 
        academia, and the private sector, via cooperative agreements or 
        other formal or informal arrangements, to improve the 
        acquisition of data and information and the implementation of 
        management, monitoring, research, exploration, education, and 
        other programs;
            (21) partnering with other Federal agencies and with States 
        and communities to address the issues of land-based activities 
        and their impact on the ocean environment; and
            (22) coordination with other Federal agencies having 
        related responsibilities.

SEC. 115. POWERS OF THE ADMINISTRATOR.

    (a) Delegation.--Unless otherwise prohibited by law or reserved by 
the Secretary of Commerce, the responsibilities of the Administrator 
may be delegated by the Administrator to other officials in NOAA, and 
may be redelegated as authorized by the Administrator.
    (b) Regulations.--The Administrator is authorized to issue, amend, 
and rescind such rules and regulations as are necessary or appropriate 
to carry out the responsibilities and functions of the Administrator. 
The promulgation of such rules and regulations shall be governed by the 
provisions of chapter 5 of title 5, United States Code.
    (c) Contracts.--The Administrator is authorized, without regard to 
section 3324(a) and (b) of title 31, United States Code, to enter into 
and perform such contracts, leases, grants, cooperative agreements, or 
other transactions (without regard to chapter 63 of title 31, United 
States Code), as may be necessary to carry out NOAA's purposes and 
authorities, on terms the Administrator deems appropriate, with Federal 
agencies, instrumentalities, and laboratories, State and local 
governments, including territories or possessions, Native American 
tribes and organizations, international organizations, foreign 
governments, educational institutions, nonprofit organizations, 
commercial organizations, and other public and private persons or 
entities.
    (d) Gifts and Donations.--
            (1) In general.--Notwithstanding section 1342 of title 31, 
        United States Code, and subject to such conditions and 
        covenants the Administrator deems appropriate, the 
        Administrator is authorized to accept, hold, administer, and 
        utilize--
                    (A) gifts, bequests or donations of services, money 
                or property, real or personal (including patents and 
                rights thereunder), mixed, tangible or intangible, or 
                any interest therein;
                    (B) contributions of funds; and
                    (C) funds from Federal agencies, instrumentalities, 
                and laboratories, State and local governments, Native 
                American tribes and organizations, international 
                organizations, foreign governments, educational 
                institutions, nonprofit organizations, commercial 
                organizations, and other public and private persons or 
                entities.
            (2) Use, obligation, and expenditure.--The Administrator 
        may use property and services accepted by NOAA under paragraph 
        (1) to carry out the mission and purposes of NOAA. Amounts 
        accepted by NOAA under paragraph (1) shall be available for 
        obligation by NOAA, and be available for expenditure by NOAA to 
        carry out mission and purposes of NOAA.
    (e) Facilities and Personnel.--The Administrator may use, with 
their consent, and with or without reimbursement, the services, 
equipment, personnel, and facilities of Federal agencies, 
instrumentalities and laboratories, State and local governments, Native 
American tribes and organizations, international organizations, foreign 
governments, educational institutions, nonprofit organizations, 
commercial organizations, and other public and private persons or 
entities.
    (f) Information.--The Administrator shall provide for the most 
practicable and widest appropriate dissemination of information 
concerning NOAA, its purposes, programs, activities and the results 
thereof, including authority to conduct education, technical assistance 
and outreach to the public, teachers, students, and ocean and coastal 
resource managers.
    (g) Acquisition and Construction.--The Administrator may--
            (1) acquire (by purchase, lease, condemnation, or 
        otherwise), lease, sell, or convey, services, money or 
        property, real or personal (including patents and rights 
        thereunder), mixed, tangible or intangible, or any interest 
        therein; and
            (2) construct, improve, repair, operate, maintain or 
        dispose of real or personal property, including buildings, 
        facilities, and land.

SEC. 116. ENFORCEMENT.

    (a) Authority.--The Administrator shall have the authority to 
enforce the applicable provisions of any Act, the enforcement of which 
is, in whole or in part, assigned, delegated, or transferred to the 
Administrator, and any term of a license, permit, regulation, or order 
issued pursuant thereto. The Administrator may designate any person, 
officer, or agency to exercise the authority of the Administrator under 
this title.
    (b) Use of State Personnel.--
            (1) In general.--The Administrator may--
                    (A) utilize by agreement, with or without 
                reimbursement, the personnel, services, and facilities 
                of any State agency to the extent the Administrator 
                deems it necessary and appropriate for effective 
                enforcement of any law for which the Administrator has 
                enforcement authority; and
                    (B) designate such personnel to exercise the 
                enforcement authority of the Administrator under 
                subsection (a).
            (2) Status and powers.--Any personnel designated by the 
        Administrator under paragraph (1)(B)--
                    (A) shall not be deemed to be Federal employees 
                (except as provided in subparagraph (D)) and shall not 
                be subject to the provisions of law relating to Federal 
                employment, including those relating to hours of work, 
                competitive examination, rates of compensation, and 
                Federal employee benefits, but may be considered to be 
                eligible for compensation for work-related injuries 
                under subchapter III of chapter 81 of title 5, United 
                States Code, sustained while acting pursuant to such 
                designation;
                    (B) shall be considered to be investigative or law 
                enforcement officers of the United States for purposes 
                of the tort claim provisions of title 28, United States 
                Code;
                    (C) may, to the extent specified by the 
                Administrator, search, seize, arrest, and exercise any 
                other law enforcement functions or authorities 
                described in this title where such authorities are made 
                applicable by this or other law to employees, officers, 
                or other persons designated or employed by the 
                Administrator; and
                    (D) shall be considered to be officers or employees 
                of the Department of Commerce for purposes of sections 
                111 and 1114 of title 18, United States Code.
    (c) Cooperative Enforcement Agreements.--The Administrator may 
enter into cooperative agreements with State authorities to ensure 
coordinated enforcement of State and Federal laws and by such 
agreements assume enforcement authority under State law when the 
Administrator and State authorities deem it to be appropriate. When so 
authorized, the Administrator or the Administrator's designee may 
function as a State law enforcement officer within the scope of the 
delegation, except that Federal law shall control the resolution of any 
conflict concerning the employee status of any Federal officer while 
enforcing State law.

SEC. 117. REGIONAL CAPABILITIES.

    The Administrator shall--
            (1) organize agency activities and programs around common 
        eco-regional boundaries identified through a process 
        established by the Council on Ocean Stewardship, based upon 
        recommendations contained in the report of the Commission on 
        Ocean Policy, so as to--
                    (A) enhance inter- and intra-agency cooperation;
                    (B) maximize Federal capabilities in such region;
                    (C) develop coordinated, ecosystem-based management 
                and research programs;
                    (D) develop research partnerships with States and 
                academia;
                    (E) substantially improve the ability of the public 
                to contact and work with all relevant Federal agencies; 
                and
                    (F) maximize opportunities to work in partnership 
                with States in order to facilitate eco-regional 
                management and enhance State and local capacity to 
                manage issues on an eco-regional basis;
            (2) work with other Federal agencies, including the 
        Environmental Protection Agency, the United States Fish and 
        Wildlife Service, U.S. Army Corps of Engineers, and State 
        agencies to--
                    (A) encourage similar eco-regional organization 
                and, if appropriate, co-location of related programs 
                and facilities to achieve goals of paragraph (1); and
                    (B) in planning and implementing eco-regional 
                activities to encourage early cooperation, 
                coordination, and integration across the Federal 
                agencies and with relevant State programs, and to 
                assure applicable Federal and State ocean policies; and
            (3) NOAA shall in consultation with the States, develop 
        regional information programs as recommended by the Commission 
        on Ocean Policy, including--
                    (A) coordinated research strategies;
                    (B) integrated ocean and atmospheric monitoring and 
                observation activities; and
                    (C) establishment of service centers and 
                coordinators to support development of innovative 
                tools, technologies, training, and technical assistance 
                to facilitate the implementation of ecosystem-based 
                management.

SEC. 118. INTERGOVERNMENTAL COORDINATION.

    (a) Avoidance of Duplicative Requirements.--In administering the 
provisions of this Act, the Administrator shall consult and coordinate 
with the head of any Federal department or agency having authority to 
issue any license, lease, or permit to engage in an activity relation 
to the functions of the Administrator for purposes of assuring that 
inconsistent or duplicative requirements are not imposed upon any 
applicant for or holder of any such license, lease, or permit.
    (b) Avoidance of Inconsistent and Conflicting Activities and 
Policies.--To identify and resolve inconsistent or conflicting Federal 
oceanic and atmospheric activities and policies, the Administrator 
shall--
            (1) consult and coordinate with the head of any Federal 
        department or agency on the activities and policies of that 
        department or agency related to the functions of the 
        Administrator;
            (2) request of the head of any Federal department or agency 
        clarification and justification of those activities and 
        policies that the Administrator determines are inconsistent or 
        conflicting with his functions; and
            (3) issue, as the Administrator deems appropriate, reports 
        to the President, the Council on Ocean Stewardship, the head of 
        any Federal department or agency, and to Congress concerning 
        inconsistent or conflicting activities and policies of any 
        Federal department or agency relating to ocean and atmospheric 
        activities, including recommendations on how to reconcile 
        inconsistent and conflicting Federal oceanic and atmospheric 
        activities and policies throughout the Federal Government.
    (c) Consultation With Administrator.--The head of any Federal 
department or agency and all other Federal officials having 
responsibilities related to the functions of the Administrator shall 
consult with the Administrator when the subject matter of action or 
activities described in this Act are directly involved, to assure that 
all such activities are well coordinated.
    (d) Coordination With States.--The Administrator shall ensure that 
NOAA programs work with the States (including territories and 
possessions) to encourage early cooperation, coordination, and 
integration of State and Federal ocean and atmospheric programs, 
including planning and implementing eco-regional activities.
    (e) Office of Intergovernmental Affairs.--The Administrator shall 
establish an office of intergovernmental affairs to assist in 
implementing this section and to facilitate planning of joint programs 
between NOAA line offices and other Federal agencies, including the 
Department of Defense.

SEC. 119. INTERNATIONAL CONSULTATION AND COOPERATION.

    (a) Cooperation With Secretary of State.--The Administrator shall 
cooperate to the fullest practicable extent with the Secretary of State 
in providing representation at all meetings and conferences relating to 
actions or activities described in this Act in which representatives of 
the United States and foreign countries participate.
    (b) Consultation With Administrator.--The Secretary of State and 
all other officials having responsibilities for agreements, treaties, 
or understanding with foreign nations and international bodies shall 
consult with the Administrator when the subject matter or activities 
described in this Act are involved, with a view to assuring that such 
interests are adequately represented.

SEC. 120. REPORT ON OCEANIC AND ATMOSPHERIC CONDITIONS AND TRENDS.

    Not later than 12 months after the date of enactment of this Act, 
and biennially thereafter, the Administrator shall, in consultation 
with relevant Federal and State agencies, submit to Congress a report 
on--
             (1) the status and condition of the United States ocean 
        and atmospheric environments (including with respect to climate 
        change);
             (2) current and foreseeable trends in the quality, 
        management and utilization of such environments; and
             (3) the effects of those trends on the social, economic, 
        ecological, and other requirements of the United States.

SEC. 121. CONFORMING AMENDMENTS AND REPEALS.

     (a) Reorganization Plan No. 4.--Reorganization Plan No. 4 of 1970 
(5 U.S.C. App.) is repealed.
    (b) References to NOAA.--Any reference to the National Oceanic and 
Atmospheric Administration, the Under Secretary of Commerce for Oceans 
and Atmosphere (either by that title or by the title of the 
Administrator of NOAA), or any other official of the National Oceanic 
and Atmospheric Administration, in any law, rule, regulation, 
certificate, directive, instruction, or other official paper in force 
on the effective date of this Act shall be deemed to refer and apply to 
the National Oceanic and Atmospheric Administration established in this 
Act, or the position of Administrator established in this Act, 
respectively.
    (c) References to NOAA as Within the Department of Commerce.--
            (1) Section 407 of Public Law 99-659 (15 U.S.C. 1503b) is 
        repealed.
            (2) Section 12 of the Act of February 14, 1903 (15 U.S.C. 
        1511) is amended by striking paragraph (1) and redesignating 
        paragraphs (2) through (6) as paragraphs (1) through (5), 
        respectively.
    (d) Conforming Amendment to Title 5.--Section 5315 of title 5, 
United States Code, is amended by striking ``Assistant Secretaries of 
Commerce (11).'' and inserting ``Assistant Secretaries of Commerce 
(10).''.

SEC. 122. SAVINGS PROVISION.

    All rules and regulations, determinations, standards, contracts, 
certifications, authorizations, appointments, delegations, results and 
findings of investigations, or other actions duly issued, made, or 
taken by or pursuant to or under the authority of any statute which 
resulted in the assignment of functions or activities to the Secretary, 
the Department of Commerce, the Under Secretary, the Administrator or 
any other officer of NOAA, in effect immediately before the date of 
enactment of this Act shall continue in full force and effect after the 
date of enactment of this Act until modified or rescinded.

SEC. 123. TRANSITION.

    (a) Effective Date.--The provisions of title II of this Act shall 
become effective 2 years from the date of enactment of this Act.
    (b) Reorganization.--The Administrator of NOAA, in consultation 
with the Assistant Administrator for Program Planning and Integration, 
shall no later than 18 months after the date of enactment of this Act, 
submit a plan and budget proposal to Congress setting forth a proposal 
for program and agency reorganization that will--
            (1) meet the requirements of title II;
            (2) reflect the recommendations of the Commission on Ocean 
        Policy, particularly with respect to ecosystem-based science 
        and management and additional budgetary requirements; and
            (3) provide integrated oceanic and atmospheric programs and 
        services for the benefit of the Nation.

              Subtitle B--Federal Coordination and Advice

SEC. 131. COUNCIL ON OCEAN STEWARDSHIP.

    There is established in the Executive Office of the President a 
Council on Ocean Stewardship.

SEC. 132. MEMBERSHIP.

    (a) Membership.--The Council shall be composed of at least 3 but no 
more than 5 members who shall be appointed by the President to serve at 
the pleasure of the President, by and with the advice and consent of 
the Senate.
    (b) Chairman.--The President shall designate 1 of the members of 
the Council to serve as Chairman.
    (c) Qualifications.--Each member shall be a person who, as a result 
of training, experience, and attachments, is exceptionally well 
qualified--
            (1) to analyze and interpret ocean and atmospheric trends 
        and information of all kinds;
            (2) to appraise programs and activities of the Federal 
        Government in the light of the policy set out in section 103;
            (3) to be conscious of and responsive to the scientific, 
        environmental, ecosystem, economic, social, aesthetic and 
        cultural needs and interests of the United States; and
            (4) to formulate and recommend national policies to promote 
        the improvement and the quality of the ocean and atmospheric 
        environments, including as those environments relate to 
        practices on land.

SEC. 133. FUNCTIONS OF COUNCIL.

    (a) Coordination and Advice.--The Council--
            (1) shall coordinate ocean and atmospheric activities among 
        Federal agencies and departments, particularly focusing on the 
        policy set out in section 103 and national priorities 
        identified in section 134, while minimizing duplication, 
        including ensuring other ocean-related agencies work together 
        at the operation, program, and research levels in cooperation 
        with NOAA;
            (2) shall provide a forum for improving Federal interagency 
        planning, budget and program coordination, administration, 
        outreach, and cooperation on such programs and activities;
            (3) shall ensure that all Federal agencies engaged in ocean 
        and atmospheric activities adopt and implement the principle of 
        ecosystem-based management and take necessary steps to improve 
        regional coordination and delivery of services around common 
        eco-regional boundaries;
            (4) shall review and evaluate the various programs and 
        activities of the Federal Government in light of the policy set 
        out in section 103 and national priorities identified in 
        section 134 for the purpose of determining the extent to which 
        such programs and activities are effective and contributing to 
        the achievement of such policy and the overall health of ocean 
        and atmospheric environment, including marine ecosystems;
            (5) shall conduct an annual review and analysis of funding 
        proposed for ocean and atmospheric research and management in 
        all Federal agency budgets, and provide budget recommendations 
        to the President, the agencies, and the Office of Management 
        and Budget that will achieve the policies set out in section 
        103 and address the national priorities identified in section 
        134, improve coordination, cooperation, and effectiveness of 
        such activities, eliminate unnecessary overlap, and identify 
        areas of highest priority for funding and support;
            (6) shall identify progress made by Federal ocean and 
        atmospheric programs toward achieving the goals of--
                    (A) providing more effective protection and 
                restoration of marine ecosystems;
                    (B) improving predictions of climate change and 
                variability (weather), including their effects on 
                coastal communities and the nation;
                    (C) improving the safety and efficiency of marine 
                operations;
                    (D) more effectively mitigating the effects of 
                natural hazards;
                    (E) reducing public health risks from ocean and 
                atmospheric sources;
                    (F) ensuring sustainable use of resources; and
                    (G) improving national and homeland security;
            (7) shall promote efforts to increase and enhance 
        partnerships with coastal and Great Lakes States and other non-
        federal entities to support enhanced regional research, 
        resource and hazards management, education and outreach, and 
        marine ecosystem protection, maintenance, and restoration;
            (8) shall identify statutory and regulatory redundancies or 
        omissions and develop strategies to resolve conflicts, fill 
        gaps, and address new and emerging ocean and atmospheric issues 
        for national and regional benefit;
            (9) shall emphasize the development and support of 
        partnerships among government agencies and nongovernmental 
        organizations, academia, and the private sector including 
        regional partnerships;
            (10) shall expand research, education, and outreach efforts 
        by all Federal agencies undertaking ocean and atmospheric 
        activities; and
            (11) may establish a Federal Coordinating Committee on 
        Oceans, chaired by the Council chairman, to carry out the 
        coordination of ocean and atmospheric programs and priorities 
        required under this title.
    (b) Consultation.--In exercising its powers, functions, and duties 
under this title, the Council shall--
            (1) consult with the Administrator and with the 
        Presidential Panel of Advisers on Oceans and Climate 
        established under this Act to ensure input from potentially 
affected States, territories, and Commonwealths, the public and other 
stakeholders;
            (2) work in close consultation and cooperation with the 
        Council on Environmental Quality, the Office of Science and 
        Technology Policy, the Council of Economic Advisers, and other 
        offices within the Executive Office of the President;
            (3) utilize the expertise and coordinating capabilities of 
        the National Ocean Science Committee (and any ocean-related 
        committees formed under the Council) with respect to ocean and 
        atmospheric science, technology, and education matters, 
        including development of a national research strategy; and
            (4) utilize, to the fullest extent possible, the services, 
        facilities, and information (including statistical information) 
        of public and private agencies and organization, and 
        individuals, in order that duplication of effort and expense 
        may be avoided, thus assuring that the Council's activities 
        will not unnecessarily overlap or conflict with similar 
        activities authorized by law and performed by NOAA and other 
        established agencies.
    (c) Reviews and Reports.--The Council shall--
            (1) prepare the biennial report required by section 136; 
        and
            (2) make and furnish such studies, reports thereon, and 
        recommendations with respect to matters of policy and 
        legislation as the President may request.

SEC. 134. NATIONAL PRIORITIES FOR COORDINATION.

    The Council, in coordination with the National Ocean Science 
Committee, shall ensure that the Federal agencies conducting ocean and 
atmospheric activities give the following areas priority attention and 
develop coordinated Federal budgets, programs, and operations that will 
minimize duplication and foster improved services and other benefits to 
the United States:
            (1) Prevention, management and control of nonpoint source 
        pollution including regional or watershed strategies.
            (2) An integrated ocean and coastal observing system and an 
        associated Earth observing system.
            (3) Ecosystem-based management, protection, and restoration 
        of ocean and atmospheric resources and environments, including 
        management-oriented research, technical assistance and 
        organization of programs and activities along common eco-
        regional boundaries.
            (4) Ocean education and outreach.
            (5) Regionally based coastal land protection, conservation, 
        maintenance, and restoration.
            (6) Enhanced research and technology development on 
        crosscutting areas, including--
                    (A) oceans and human health;
                    (B) social science and economics;
                    (C) atmospheric monitoring and climate change;
                    (D) marine ecosystems, marine biodiversity, and 
                ocean exploration;
                    (E) marine and atmospheric hazards, including sea 
                level rise and geological events; and
                    (F) marine aquaculture.
            (7) Characterization and mapping of the coastal zone, 
        coastal State waters, the territorial sea, the Exclusive 
        Economic Zone and outer continental shelf, including ocean 
        resources.

SEC. 135. EMPLOYEES.

    (a) Assistance From Federal Agencies.--
            (1) In general.--For the purpose of carrying out the 
        functions of the Council, each Federal agency or department 
        that conducts oceanic or atmospheric activities shall furnish 
        any assistance requested by the Council.
            (2) Forms of assistance.--Assistance furnished by Federal 
        agencies and departments under paragraph (1) may include--
                    (A) detailing employees to the Council to perform 
                such functions, consistent with the purposes of this 
                section, as the Chairman of the Council may assign to 
                them; and
                    (B) undertaking, upon request of the Chairman of 
                the Council, such special studies for the Council as 
                are necessary to carry out its functions.
            (3) Personnel management.--The Chairman of the Council 
        shall have the authority to make personnel decisions regarding 
        any employees detailed to the Council.
    (b) Employment of Personnel, Experts, and Consultants.--The Council 
may--
            (1) employ such officers and employees as may be necessary 
        to carry out its functions under this title;
            (2) employ and fix the compensation of such experts and 
        consultants as may be necessary for the carrying out of its 
        functions under this chapter, in accordance with section 3109 
        of title 5, United States Code, (without regard to the last 
sentence thereof); and
            (3) accept and employ voluntary and uncompensated services 
        in furtherance of the purposes of the Council notwithstanding 
        section 1342 of title 31, United States Code.

SEC. 136. BIENNIAL REPORT TO CONGRESS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, and biennially thereafter, the President, 
through the Council, shall submit to Congress a report on Federal ocean 
and atmospheric programs, priorities, and accomplishments which shall 
include--
            (1) a comprehensive description of the ocean and 
        atmospheric programs and accomplishments of all agencies and 
        departments of the United States;
            (2) an evaluation of such programs and accomplishments in 
        terms of the national ocean policy set out in section 103 and 
        the national priorities identified in section 134, specifying 
        progress made with respect to the goals set out in this title;
            (3) a report on progress in improving Federal and State 
        coordination on ocean and atmospheric activities, including 
        coordination efforts required in this Act;
            (4) an analysis of the Federal budget allocated to such 
        programs including estimates of the funding requirements of 
        each such agency or department for such programs during the 
        succeeding 5-to-10 fiscal years;
            (5) recommendations for remedying deficiencies, and for 
        improving organization, effectiveness, and outreach of Federal 
        ocean and atmospheric programs and services, on a regional and 
        national basis, including support for State and local efforts 
        that leverage public, nongovernmental, and private sector 
        involvement; and
            (6) recommendations for legislative or other action.
    (b) Presidential Transmittal.--The President shall transmit the 
biennial report pursuant to this section to the President of the Senate 
and the Speaker of the House of Representatives not later than December 
31 of the year in which it is due.
    (c) Agency Cooperation.--Each Federal agency and department shall 
cooperate by providing such data and information without cost as may be 
requested by the Council for the purpose of this section. Each Federal 
agency and department shall provide services and personnel on a cost 
reimbursable basis at the request of the Chairman of the Council for 
the purpose of accomplishing the requirements of this section.

SEC. 137. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS AND CLIMATE.

    (a) Establishment; Purpose.--The President shall establish a 
Presidential Panel of Advisers on Oceans and Climate. The purpose of 
the Presidential Panel shall be--
            (1) to advise and assist the President and the Chairman of 
        the Ocean Stewardship Council in identifying and fostering 
        policies to protect, manage, and restore ocean and atmospheric 
        environments and resources, both on a regional and national 
        basis; and
            (2) to undertake a continuing review, on a selective basis, 
        of priority issues relating to national ocean and atmospheric 
        policy (including climate change), conservation and management 
        of ocean environments and resources, and the status of the 
        ocean and atmospheric science and service programs of the 
        United States.
    (b) Membership.--
            (1) In general.--The Presidential Panel shall consist of 
        not more than 25 members, one of whom shall be the Chairman of 
        the Council on Ocean Stewardship, and 24 of whom shall be non-
        Federal members appointed by the President, including at least 
        one representative nominated by a Governor from each of the 
        coastal regions identified in the Report of the Commission on 
        Ocean Policy and representatives of the States and various 
        stakeholders.
            (2) Chair.--The Chairman of the Council on Ocean 
        Stewardship shall co-chair the Presidential Panel with a non-
        Federal member designated by the President.
    (c) Appointment and Qualifications.--The members of the 
Presidential Panel shall be appointed by the President for 3-year terms 
from among individuals with diverse perspectives and expertise in 1 or 
more of the disciplines or fields associated with ocean and atmospheric 
policy, including--
            (1) marine-related State and local government functions;
            (2) ocean and coastal resource conservation and management;
            (3) atmospheric or ocean science, engineering, and 
        technology;
            (4) the marine industry (including recreation and tourism);
            (5) climate change;
            (6) atmospheric or coastal hazards; and
            (7) other fields appropriate for consideration of matters 
        of oceanic or atmospheric policy.
    (d) Vacancies.--An individual appointed to fill a vacancy occurring 
before the expiration of the term for which his or her predecessor was 
appointed shall be appointed only for the remainder of such term. No 
individual may be reappointed to the Presidential Panel for more than 1 
additional 3-year term. A member may serve after the date of the 
expiration of the term of office for which appointed until his or her 
successor has taken office.
    (e) Compensation.--Each member of the Presidential Panel shall, 
while serving on business of the Commission, be entitled to receive 
compensation at a rate not to exceed a daily rate to be determined by 
the President consistent with other Federal advisory boards. Federal 
and State officials serving on the Commission and serving in their 
official capacity shall not receive compensation in addition to their 
Federal or State salaries for their time on the Commission. Members of 
the Presidential Panel may be compensated for reasonable travel 
expenses while performing their duties as members.
    (f) Meetings.--The Presidential Panel shall meet at least twice per 
year, or as prescribed by the President.
    (g) Reports.--
            (1) In general.--The Presidential Panel shall submit an 
        annual report to the President and to the Congress setting 
        forth an assessment, on a selective basis, of the status of the 
        Nation's ocean activities, and shall submit such other reports 
        as may from time to time be requested by the President or the 
        Congress. The Presidential Panel shall submit its annual report 
        on or before June 30 of each year, beginning 2 years after the 
        date of enactment of this Act.
            (2) Comment and review by council.--Each annual report 
        shall also be submitted to the Chairman of the Council on Ocean 
        Stewardship who shall, in consultation with the Administrator, 
        not later than 60 days after receipt of such report, transmit 
        his or her comments and recommendations to the President and to 
        Congress.

SEC. 138. FEDERAL PROGRAM RECOMMENDATIONS.

    Not later than 3 years after the issuance of the final report of 
the Commission on Ocean Policy, the President, in consultation with the 
Administrator, and considering the recommendations of the Commission on 
Ocean Policy, the Ocean Stewardship Council, and the Presidential Panel 
of Advisers on Oceans and Coasts, shall submit to Congress 
recommendations--
            (1) for 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) for 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 out in section 103; and
            (3) regarding Federal reorganization, including elevation 
        of NOAA 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.

SEC. 139. IMPLEMENTATION.

    Not later than 18 months after the date of enactment of this Act, 
the Administrator shall--
            (1) promulgate such regulations as may be necessary or 
        appropriate to implement this subtitle; and
            (2) submit to Congress detailed recommendations on 
        technical and conforming amendments to Federal law necessary to 
        carry out this subtitle and the amendments made by this 
        subtitle.

SEC. 140. NO EFFECT ON OTHER AUTHORITIES.

    Except as explicitly provided in this title, nothing in this title 
or the amendments made by this title shall be construed to modify the 
authority of the Administrator under any other provision of law.

              Subtitle C--Ocean Conservation Certification

SEC. 151. COVERED ACTION DEFINED.

    The term ``covered action'' under this subtitle means any activity 
affecting United States ocean or coastal waters or resources, that is 
authorized (including the issuance of a Federal license or permit), 
carried out, or funded by a Federal agency.

SEC. 152. CERTIFICATION.

    The head of each Federal agency that undertakes, authorizes, or 
funds a covered action shall, not less than 90 days prior to taking 
final agency action, make a certification that the action--
            (1) complies with all relevant and applicable laws relating 
        to ocean or coastal waters and resources;
            (2) is consistent with the protection, maintenance, and 
        restoration of marine ecosystem health; and
            (3) is not--
                    (A) likely to significantly degrade the health of 
                marine resources; or
                    (B) likely to significantly impede the restoration 
                of marine resources.

SEC. 153. REVIEW.

    (a) Requirement for Review.--The Administrator, in consultation 
with the Chair of the Council on Ocean Stewardship, shall review a 
certification made by the Federal agency under section 152, and any 
materials related to such certification, and determine whether the 
Administrator concurs with the certification.
    (b) Written Analysis.--Not later than 90 days after submission of 
the certification, the Administrator shall provide a written analysis 
to the head of the appropriate Federal agencies documenting the basis 
for the determination on the certification.

SEC. 154. EFFECT.

    If the Administrator does not concur with a certification made by 
the head of a Federal agency under section 152, the Administrator shall 
provide the Federal agency with recommendations to remedy the 
identified deficiencies within 30 days. The head of the Federal agency 
shall incorporate such recommendations and submit to the Administrator 
and the Council on Ocean Stewardship a report documenting how the 
agency shall implement the recommendations prior to taking final agency 
action or any subsequent action.

SEC. 155. GUIDELINES.

    Not later than 12 months after the date of the enactment of this 
Act, the Administrator, in consultation with the Council on Ocean 
Stewardship, shall issue guidelines setting forth the process by which 
the Administrator will implement this subtitle with respect to covered 
actions, including consultation and review process.

SEC. 156. EMERGENCY EXEMPTION.

    The head of a Federal agency may seek an emergency exemption from 
the requirements of this subtitle if the President determines that the 
covered action is necessary to address a national or State emergency 
affecting public health and safety.

SEC. 157. EFFECTIVE DATE.

    The provisions of this subtitle shall become effective on the date 
that is 2 years after the date of enactment of this Act.

                    Subtitle D--Offshore Governance

SEC. 161. MANAGEMENT AND PERMITTING OF OFFSHORE USES FOR NON-EXTRACTIVE 
              ACTIVITIES.

    (a) In General.--The Administrator, in coordination with the 
Secretary of the Interior, the Administrator of the Environmental 
Protection Agency, and the Army Corps of Engineers, shall develop and 
maintain a coordinated offshore permitting program (referred to in this 
section as the ``Program'' for activities in Federal waters, 
including--
            (1) marine aquaculture;
            (2) alternative and renewable energy facilities;
            (3) installation of undersea cables; and
            (4) marine bioprospecting operations.
    (b) Program Goals.--The Program shall ensure that activities 
authorized under this section are conducted in a manner that provides 
for--
            (1) safety;
            (2) protection of the environment;
            (3) conservation of the natural resources of the outer 
        Continental Shelf;
            (4) a fair return to the Federal Government for any lease 
        granted under this subsection; and
            (5) prevention of interference with reasonable uses of the 
        high seas, exclusive economic zone, and territorial sea.
    (c) Program Requirements.--The Program shall set forth procedures 
and criteria for--
            (1) ensuring that management of the outer Continental Shelf 
        is conducted in a manner which considers--
                    (A) the economic, social, and environmental values 
                of the renewable and nonrenewable resources of the 
                outer Continental Shelf; and
                    (B) the potential impact of such activities on 
                other resource values of the outer Continental Shelf 
                and the marine, coastal, and human environments;
            (2) selection of timing and location of permitting under 
        this section, including consideration of the relative 
        environmental sensitivity and marine productivity of different 
        areas of the outer Continental Shelf and of other uses of the 
        sea and seabed, including--
                    (A) fisheries;
                    (B) navigation;
                    (C) existing or proposed sea lanes;
                    (D) potential sites of deepwater ports; and
                    (E) other anticipated uses of the resources and 
                space of the outer Continental Shelf;
            (3) duration, issuance, transfer, renewal, suspension, and 
        termination of permits or authorizations, including suspension 
        or cancellation if the activity is likely to cause serious harm 
        to--
                    (A) safety;
                    (B) the environment (including living marine 
                resources); or
                    (C) property;
            (4) public notice and comment on proposals submitted for 
        leases pursuant to this section, including information related 
        to environment, health, or safety;
            (5) review by State and local governments, which may be 
        impacted by the proposed activities;
            (6) periodic consultation with State and local governments 
        and representatives of other individuals or organizations 
        engaged in activity in or on the outer Continental Shelf, 
        including those involved in fish and shellfish recovery, and 
        recreational activities;
            (7) consideration of the coastal zone management program 
        being developed or administered by a potentially affected 
        coastal State under sections 305 through 307 of the Coastal 
        Zone Management Act (16 U.S.C. 1454-1456);
            (8) bonding and restoration requirements determined by the 
        Administrator to be necessary to protect the interests of the 
        United States; and
            (9) oversight, inspection, research, monitoring, and 
        enforcement.
    (d) Review Approval.--Before issuing a permit or exercising the 
authority granted under this section, the Administrator shall--
            (1) consult with the Commandant of the Coast Guard and the 
        Secretary of Defense concerning issues related to national 
        security and navigational obstruction; and
            (2) determine that the project does not pose an adverse 
        impact to conservation and management of living marine 
        resources, fisheries, protection of the marine environment, or 
        navigation safety.
    (e) Relationship to Existing Permitting Schemes.--The Program 
shall--
            (1) integrate the permitting process with those of existing 
        programs, including programs authorized by--
                    (A) the Outer Continental Shelf Lands Act;
                    (B) the Deepwater Ports Act; and
                    (C) the Ocean Thermal Energy Conservation Act;
            (2) ensure that the Administrator has--
                    (A) an opportunity to review activities proposed 
                for permitting under such authorities; and
                    (B) determined that the activity does not pose a 
                threat to conservation and management of living marine 
                resources, protection of the marine environment, or 
                navigation safety.
    (f) Protected Marine Areas.--This section shall not apply to any 
area on the outer continental shelf that is--
            (1) within the exterior boundaries of any unit of the 
        National Park System, National Wildlife Refuge System, or 
        National Monument; or
            (2) designated as a National Marine Sanctuary or a National 
        Estuarine Research Reserve.
    (g) Marine Resource Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a trust fund to be known as the ``Marine 
        Resources Trust Fund'', which shall be administered by the 
        Administrator.
            (2) Forms of payment.--The Administrator shall establish, 
        by rule or by agreement with the party to whom the lease is 
        granted, appropriate forms of payment for any permit or 
        authorization granted under this subsection, which may include 
        fees, rentals, cash bonus payments, or other payments.
            (3) Deposits.--The Administrator shall deposit a portion of 
        the payments or fees collected under paragraph (2) into the 
        Marine Resources Trust Fund.
            (4) Expenditures.--Amounts in the Marine Resources Trust 
        Fund shall be made available--
                    (A) for programs and projects to address 
                displacement of fishing activities and other existing 
                uses; and
                    (B) to assess or respond to impacts on the marine 
                and coastal environment, including--
                            (i) research, monitoring, mapping and 
                        associated activities;
                            (ii) restoration; and
                            (iii) general marine and coastal 
                        conservation purposes and programs.

SEC. 162. MARINE AQUACULTURE.

    (a) Findings.--Congress makes the following findings:
            (1) Knowledge is needed about potential interactions 
        between aquaculture and natural ocean environments, including 
        habitat degradation, disease transmission, transmission of 
        parasites, genetic dilution of wild stocks, introduction of 
        invasive species, including non-native and genetically modified 
        organisms, and discharges of wastes, toxins, and excess 
        nutrients.
            (2) Prior to proposing development of marine aquaculture, 
        the environmental impacts of such proposals shall be studied, 
        as required under the National Environmental Policy Act (42 
        U.S.C. 4321 et seq.).
    (b) Amendments.--The National Aquaculture Act of 1980 (16 U.S.C. 
2801 et seq.) is amended--
            (1) in section 2(b)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by redesignating paragraph (4) as paragraph 
                (5); and
                    (C) by inserting after paragraph (3) the following:
            ``(4) establishing the National Oceanic and Atmospheric 
        Administration as the lead Federal agency with respect to the 
        management of marine aquaculture; and'';
            (2) by redesignating sections 10 and 11 as sections 11 and 
        12, respectively; and
            (3) by inserting after section 9 the following:

                     ``requirement for regulations

    ``Sec. 10. The Administrator of the National Oceanic and 
Atmospheric Administration may not lease a coastal, estuarine, or 
offshore area for aquaculture or issue a permit for aquaculture until 
the Administrator promulgates national standards and regulations that 
protect native stocks and prevent disease transmission, transmission of 
parasites, genetic dilution of wild stocks, introduction of invasive 
species, and impairment of habitat and water quality.''.

    Subtitle E--Ocean Science, Research, and Education Coordination

SEC. 171. COMMITTEE ON OCEAN SCIENCE, EDUCATION, AND OPERATIONS.

    (a) Committee.--The Administrator shall establish a Committee on 
Ocean Science, Education, and Operations (referred to in this subtitle 
as the ``Committee'').
    (b) Membership.--The Committee shall be composed of the following 
members:
            (1) The Administrator.
            (2) The Director of the National Science Foundation.
            (3) The Administrator of the National Aeronautics and Space 
        Administration.
            (4) The Under Secretary of Energy for Energy, Science, and 
        Environment.
            (5) The Administrator of the Environmental Protection 
        Agency.
            (6) The Under Secretary of Homeland Security for Science 
        and Technology.
            (7) The Commandant of the Coast Guard.
            (8) The Director of the Office of Naval Research.
            (9) The Director of the United States Geological Survey.
            (10) The Director of the Minerals Management Service.
            (11) Under Secretary of Agriculture for Research, 
        Education, and Economics.
            (12) The Assistant Secretary of State for Oceans and 
        International Environmental and Scientific Affairs.
            (13) The Director of the Defense Advanced Research Projects 
        Agency.
            (14) The Director of the Office of Science and Technology 
        Policy.
            (15) The Director of the Office of Management and Budget.
            (16) The Under Secretary of Education.
            (17) The leadership of such other Federal agencies and 
        departments as the chair and vice chairs of the Committee 
        consider appropriate.
    (c) Chair and Vice Chairs.--The chair and vice chairs of the 
Committee shall be appointed every 2 years by a selection subcommittee 
of the Committee composed of, at a minimum, the Administrator, the 
Director of the National Science Foundation, and the Director of the 
United States Geological Survey. The term of office of the chair and 
vice chairs shall be 2 years. A person who has previously served as 
chair or vice chair may be reappointed.
    (d) Responsibilities.--The Committee shall--
            (1) serve as a source of advice and support on scientific 
        research, technology, education, and operational matters, 
        including budgetary analyses;
            (2) improve cooperation among Federal departments and 
        agencies with respect to ocean and coastal science budgets;
            (3) develop and recommend the National Strategy for Ocean 
        and Coastal Science under section 172 and oversee its 
        implementation;
            (4) 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;
            (5) consult with academic, fisheries, 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;
            (6) 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; 
                and
                    (B) providing, as appropriate, support for and 
                representation on United States delegations to relevant 
                international meetings; and
            (7) carry out such other activities as may be required.

SEC. 172. NATIONAL STRATEGY FOR OCEAN AND COASTAL SCIENCE.

    (a) Goals and Priorities.--The Committee shall develop a National 
Strategy for Ocean and Coastal Science. The Committee chair shall 
submit the strategy to the Congress within 2 years after the date of 
enactment of this title, and a revised strategy shall be submitted at 
least once every 5 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 which most effectively 
advance knowledge and provide usable information as the basis for 
policy decisions to--
            (1) understand, assess, and respond to human-induced and 
        natural processes of global climate change;
            (2) improve understanding, public forecasts, and warnings 
        and mitigate natural hazards;
            (3) enhance public safety and efficiency of marine 
        operations;
            (4) support efforts to protect, maintain, and restore the 
        health of marine ecosystems and to implement ecosystem-based 
        management of United States ocean waters, including how marine 
        ecosystems function on varying spatial and temporal scales and 
        how biological, physical, 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;
            (8) strengthen homeland security and military preparedness; 
        and
            (9) improve understanding of sea level changes shoreline 
        erosion and the condition of the beaches in the United States.
    (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, professional certification and training for persons 
        engaged in fishing and other maritime activities, data 
        stewardship and access, and participation in international 
        research and education and other capacity-building efforts;
            (2) identify and address relevant programs and activities 
        of the Federal agencies and departments represented on the 
        Committee that will contribute to scientific goals and 
        priorities and set forth the role of each Federal agency and 
        department in implementing the strategy;
            (3) consider and use, as appropriate, reports and studies 
        conducted by Federal agencies and departments, 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;
            (5) estimate, to the extent practicable, Federal funding 
        for ocean and coastal science activities to be conducted 
        pursuant to the strategy; and
            (6) ensure the integrity of ocean and coastal science and 
        research.
    (c) Strategic Elements.--The strategy shall include 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 and support 
        information needs, including marine ecosystem health.
            (2) National ocean partnerships, building partnerships 
        among Federal agencies, academia, fishing 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, funding competitive 
        research grants to advance understanding of the nature of and 
        interaction among physical, chemical, and biological processes 
        of the oceans, including the effect of human activities on such 
        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 and support 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 and health of marine ecosystems, 
        and create an oceans stewardship ethic among citizens.
            (8) Professional training, including certification and 
        continuing education programs, for persons engaged in the 
        harvest, handling, and processing of fish and seafood aboard 
        vessels to assure the highest levels of care are taken to 
        selectively harvest fish from the sea with the minimum impact 
        on habitat to handle fish onboard vessels with techniques that 
        assure the safety and highest quality of fish landed, and 
        improve the safety of vessels and their personnel at sea.
            (9) Information management, establishing and maintaining 
        information systems that promote efficient stewardship, 
        transfer, and use of data, create globally accessible data 
        standards and formats, and allow analysis of data from varied 
        sources to produce information readily usable by policymakers 
        and stakeholders.
    (d)  Public Participation.--In developing the strategy, the 
Committee shall consult with academic, State, industry, fisheries, and 
environmental groups and representatives. Not later than 90 days before 
the chair of the Committee submits the strategy, or any revision 
thereof, to 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. 173. OCEAN RESEARCH AND EDUCATION ADVISORY PANEL.

    (a) Membership.--The Committee shall maintain an Ocean Research and 
Education Advisory Panel consisting of not less than 10 and not more 
than 18 members appointed by the chair, including the following:
            (1) One member representing the National Academy of 
        Sciences.
            (2) One member representing the National Academy of 
        Engineering.
            (3) One member representing the Institute of Medicine.
            (4) One Sea Grant director.
            (5) Members selected from among individuals representing 
        ocean industries, State governments, academia, fisheries, 
        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) 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) 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.
            (3) Any additional matters that the Committee considers 
        appropriate.
    (c) Procedural Matters.--
            (1) Public meetings.--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) Publication of meetings.--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.--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) Relationship to faca.--The Federal Advisory Committee 
        Act (5 U.S.C. App.) does not apply to the Advisory Panel.
    (d) Funding.--The chair and vice chairs of the Committee annually 
shall make funds available to support the activities of the Advisory 
Panel.

SEC. 174. MARINE ECOSYSTEMS RESEARCH.

    (a) Ecosystem-Based Approaches.--The Administrator shall work with 
the Committee to identify research efforts for improving the 
implementation of this Act by informing ecosystem-based management 
efforts to protect, maintain, and restore marine ecosystem health.
    (b) Marine Biodiversity Research Program.--As part of this effort, 
the Administrator, in cooperation with the National Science Foundation 
and other Federal agencies represented on the Committee, shall 
establish and maintain a ten-year interagency research program to 
assess and explain the diversity, distribution, functions, and 
abundance of marine organisms in the world's oceans for the purposes 
of--
            (1) understanding the patterns, processes, and consequences 
        of changing marine biological diversity;
            (2) improving the linkages between marine ecological and 
        oceanographic sciences and informing ecosystem-based management 
        efforts so as to protect, maintain, and restore mare 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 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 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 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 conservation and ecosystem-based management 
        programs and minimize adverse impacts of human activities and 
        natural processes on United States Ocean Waters.
    (d) Scientific Assessment.--The Administrator, through the 
Committee, shall prepare and submit to the President and the Congress a 
biennial assessment that--
            (1) integrates, evaluates, and interprets the findings of 
        the program and discusses the scientific uncertainties 
        associated with such findings; and
            (2) analyzes current trends in marine and coastal 
        ecosystems, both human-induced and natural, and projects major 
        trends, including marine ecosystem health, for the subsequent 
        decade.

SEC. 175. OCEAN ECOSYSTEM RESOURCE INFORMATION SYSTEMS.

    (a) Findings.--Congress makes the following findings:
            (1) Conservation and management of the United States ocean 
        waters requires an understanding of the ocean ecosystem in 
        order to make knowledgeable decisions regarding the uses of the 
        oceans, or extractions therefrom, and their effect on other 
        ocean uses and resources.
            (2) The United States Commission on Ocean Policy and the 
        President's Ocean Action Plan both call for ecosystem-based 
        management of the United States ocean waters.
            (3) Ecosystem-based management will require development of 
        an ocean information system and products representing 
        integration of data useful to management decisions. This 
        information includes terrestrial, aquatic, oceanographic, and 
        biological data to accomplish the following:
                    (A) Serve as a repository of existing information 
                and new research and data sets as they become 
                available.
                    (B) Help understand relationships of ocean and 
                ecosystem functions and factors affecting oceans and 
                their resources.
                    (C) Provide a foundation upon which to base 
                policies and decisions for conserving and managing the 
                nation's ocean water and living marine resources.
                    (D) Identify gaps in the knowledge of the nation's 
                oceans and living marine resources that may serve as a 
                guide in the development of new research priorities.
            (4) Information generated by ocean monitoring systems, 
        including the National Environmental Observatory Network 
        (NEON), 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.
            (5) Natural resource information systems have been 
        developed and are presently a successful management tool for 
        terrestrial uses, including some Pacific Coast watersheds, and 
        they should now be applied to the aquatic environment to 
        facilitate ecosystem-based management of the United States 
        oceans.
    (b) Establishment.--
            (1) In general.--Not later than June 30, 2006, the 
        Administrator shall cause to be established a network of 
        regional Ocean Ecosystem Resource Information Systems to act as 
        an organized repository of geophysical, relevant 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 
        the nation's ocean waters and the marine resources therein. The 
        Administrator shall coordinate with current ocean data 
        acquisition and distribution systems, such as the National 
        Geospatial Data Clearinghouse, to avoid duplication.
            (2) Information included.--Information for inclusion 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; or
                    (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 any 
                other reliable and relevant information sources.
            (3) Requirement for peer review.--All analysis and 
        interpretations of data to explain ecosystem relationships in 
        any regional Ocean Ecosystem Resource Information System shall 
        be scientifically peer-reviewed.
            (4) Authority to contract.--The Administrator may contract 
        with other Federal agencies, State agencies, nongovernmental 
        organizations, universities, or private academic institutions 
        for development of portions of each regional Ocean Ecosystem 
        Resource Information System, provided such work will be open 
        source and the end product will be solely the property of NOAA.
            (5) Schedule.--The Ocean Ecosystem Resource Information 
        Systems shall be established and in operation for all regions 
        identified in subsection (c) not later than January 1, 2010.
            (6) Availability.--The system shall be readily accessible 
        at no, or nominal, cost to Congress, all Federal agencies, the 
        States, academic and scientific institutions, and the public 
        through the Internet, libraries, and such other mediums as may 
        be appropriate and practical.
    (c) Regions.--
            (1) Required regions.--Ocean Ecosystem Resource Information 
        Systems shall be established for the following regions:
                    (A) New England, to include the ocean waters 
                offshore the States of Maine, New Hampshire, 
                Massachusetts, and Connecticut.
                    (B) Mid-Atlantic, to include the ocean waters 
                offshore the States of New York, New Jersey, Delaware, 
                Pennsylvania, Maryland, and Virginia.
                    (C) South Atlantic, to include the ocean waters 
                offshore the States of North Carolina, South Carolina, 
                Georgia and Florida.
                    (D) Caribbean, to include the ocean waters offshore 
                the United States Virgin Islands and the Commonwealth 
                of Puerto Rico.
                    (E) Gulf of Mexico, to include the ocean waters 
                offshore the States of Florida, Alabama, Louisiana, 
                Mississippi, and Texas.
                    (F) Pacific Coast, to include the ocean waters 
                offshore the States of California, Oregon, and 
                Washington.
                    (G) Southeast Alaska, to include the ocean waters 
                offshore the State of Alaska, beginning at Dixon 
                Entrance and extending north and west to Cook Inlet.
                    (H) Aleutian Islands, to include the ocean waters 
                offshore the State of Alaska, beginning at Cook Inlet 
                and extending south, west, and north to Attu Island and 
                east to Togiak.
                    (I) Bering Sea, to include the ocean waters 
                offshore the State of Alaska, beginning at Togiak and 
                extending west, north, and east, encompassing St. 
                Lawrence Island to the westernmost tip of the Seward 
                Peninsula, and including the Pribilof Islands.
                    (J) Arctic Ocean, to include the ocean waters 
                offshore the State of Alaska, beginning at the 
                westernmost tip of the Seward Peninsula north and east 
                to Demarcation Bay.
                    (K) Hawaii, to include the ocean waters offshore 
                the State of Hawaii.
                    (L) Western Pacific, to include United States 
                territorial waters offshore American Samoa, Guam, and 
                the Northern Mariana Islands.
            (2) Other regions.--The Administrator, for purposes of 
        administrative convenience and to ensure the timely completion 
        and establishment of the regional Ocean Ecosystem Resource 
        Information Systems, may--
                    (A) divide the regions or include other waters not 
                listed under paragraph (1); and
                    (B) establish regions other than those described in 
                such paragraph.
    (d) Coordination.--
            (1) In general.--The Administrator in the preparation of 
        the regional Ocean Ecosystem Resource Information Systems, 
        shall request the cooperation and coordination with the United 
        States Geological Survey, the United States Fish and Wildlife 
        Service, the Minerals Management Service, the United States 
        Environmental Protection Agency, the United States Coast Guard 
        and the United States Navy, together with all NOAA agencies for 
        all unclassified information necessary for the development and 
        operation of the systems. The Administrator may request and 
        enter into cooperative agreements with States, universities, or 
        private academic institutions for access to information 
        necessary or useful for the development and operation of the 
        systems.
            (2) International agreements.--The Administrator may enter 
        into agreements with the Governments of Canada, Mexico, or 
        Russia in the preparation of a regional Ocean Ecosystem 
        Resource Information System where an international border of 
        the United States or the coastal waters of the United States 
        abut such country or the territorial waters of such country, 
        for any information or data that may be necessary or useful in 
        the development and operation of such system.

SEC. 176. FUNDING FOR MARINE ECOSYSTEM RESEARCH.

    (a) Marine Ecosystems Research.--For development and implementation 
of the research program under section 174, there are authorized to be 
appropriated $50,000,000 for each of fiscal years 2006 through 2010.
    (b) Regional Ocean Ecosystem Resource Information Systems.--For 
development and implementation of the regional Ocean Ecosystem Resource 
Information Systems under section 175, there are authorized to be 
appropriated $25,000,000 for each of fiscal years 2006 through 2010.
    (c) Availability.--Sums appropriated pursuant to an authorization 
of appropriation in this section shall remain available until expended.

SEC. 177. SUBCOMMITTEE ON OCEAN EDUCATION.

    (a) Membership.--The Committee shall establish a Subcommittee on 
Ocean Education (referred to in this subtitle as the ``Subcommittee''). 
Each member of the Committee may designate a senior representative with 
expertise in education to serve on the Subcommittee. The Committee 
shall select a chair and 1 or more vice chairs for the Subcommittee 
from the membership of the Subcommittee.
    (b) Responsibilities.--The Subcommittee shall--
            (1) support and advise the Committee on matters related to 
        ocean and coastal education for the purpose of increasing the 
        overall effectiveness and productivity of Federal education and 
        outreach efforts;
            (2) provide recommendations on education goals and 
        priorities for and implementation of the National Strategy for 
        Ocean and Coastal Science developed under section 172 and 
        guidance for educational investments;
            (3) coordinate Federal ocean, coastal, and watershed 
        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, such as the National Sea Grant College Program, and 
        those of States, academic institutions, State Sea Grant 
        programs, museums and aquaria, industry, foundations, and other 
        nongovernmental organizations;
            (5) support existing marine, coastal and Great Lakes 
        education and outreach programs, including those at the State, 
        regional, and local;
            (6) facilitate Federal agency efforts to work with 
        minority-serving institutions, historically Black colleges and 
        universities, and traditionally majority-serving institutions 
        to ensure that students of underrepresented groups have access 
        to and support for pursuing ocean-related careers;
            (7) promote the establishment of professional 
        certification, training, and continuing education program for 
        persons engaged in fishing or other maritime activities, 
        including partnerships with academic or nongovernmental 
        organizations to carry out such programs;
            (8) lead development of effective national strategies with 
        common perspectives and messages for formal and informal ocean 
        and coastal education efforts; and
            (9) carry out such other activities as the Committee 
        request.

SEC. 178. OCEAN AND COASTAL EDUCATION PROGRAM.

    (a) Establishment.--Consistent with the National Strategy for Ocean 
and Coastal Science, the Committee, through the Subcommittee, shall 
establish a national, interagency ocean and coastal education program 
to improve public awareness, understanding, and appreciation of the 
role of the oceans in meeting the economic, social, and environmental 
needs of the United States. To the extent practicable, the interagency 
program shall utilize and build from existing Federal programs and 
mechanisms for ocean and coastal outreach and education at the State, 
regional, and local levels.
    (b) Scope.--The national, interagency ocean and coastal education 
program shall include formal education activities for elementary, 
secondary, undergraduate, graduate, and postdoctoral students, 
continuing education activities for adults, and informal education 
activities for learners of all ages.
    (c) Elements.--The ocean and coastal education program shall use 
existing interesting science programs 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) The National Sea Grant College Program's education and 
        outreach efforts.
            (3) A regional education network to support academic 
        competition and experiential learning opportunities for 
        elementary and secondary school students.
            (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) Mentoring programs and partnerships with minority-
        serving institutions to ensure diversity in the ocean and 
        coastal workforce.
            (8) A network of regional facilities, operated by 
        nongovernmental organizations or academic institutions that 
        provide training and continuing education for persons engaged 
        in fishing or other maritime activities, including 
        establishment of criteria for professional certification 
        programs in consultation with the fishing industry.
            (9) Dissemination of ocean and coastal information that is 
        relevant for a wider public audience.

SEC. 179. OCEAN SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.

    (a) Establishment.--
            (1) In general.--The Committee shall establish a National 
        Ocean Science and Technology Scholarship Program (in this 
        section referred to as the ``Program'') that is designed to 
        recruit and prepare students for careers in the departments or 
        agencies that are represented on the Committee (in this section 
        referred to as ``participating agencies''). The Program shall 
        award scholarships to individuals who are selected through a 
        competitive process primarily on the basis of academic merit, 
        with consideration given to financial need and the goal of 
        promoting the participation of individuals identified in 
        section 33 or 34 of the Science and Engineering Equal 
        Opportunities Act (42 U.S.C. 1885a and 1885b).
            (2) Contractual agreements.--To carry out the Program, 
        participating agencies shall enter into contractual agreements 
        with individuals selected under paragraph (1) under which the 
        individuals agree to serve as full-time employees of the 
        participating agency, for the period of time to be determined 
        by the participating agency, and stated in the contractual 
        agreements, in positions needed by the participating agency and 
        for which the individuals are qualified, in exchange for 
        receiving a scholarship.
    (b) Eligibility Criteria.--In order to be eligible to participate 
in the Program, an individual must--
            (1) be enrolled or accepted for enrollment as a full-time 
        student at an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a))) in an academic field or discipline described in the 
        list made available under subsection (c);
            (2) be a United States citizen; and
            (3) at the time of the initial scholarship award, not be an 
        employee of the department or agency providing the award.
    (c) Program Listing.--The Committee shall make publicly available a 
list of academic programs and fields of study for which scholarships 
under the Program may be used, and shall update the list as necessary.
    (d) Application.--An individual seeking a scholarship under this 
section shall submit an application to a participating agency at such 
time, in such manner, and containing such information, agreements, or 
assurances as the participating agency may require.
    (e) Scholarship Limits.--
            (1) Academic requirements.--The participating agency may 
        provide a scholarship under the Program for an academic year if 
        the individual applying for the scholarship has submitted to 
        the participating agency, as part of the application required 
        under subsection (d), a proposed academic program leading to a 
        degree in a program or field of study on the list made 
        available under subsection (c).
            (2) Time limitation.--An individual may not receive a 
        scholarship under this section for more than 4 academic years, 
        unless the participating agency grants a waiver.
            (3) Dollar limitation.--The dollar amount of a scholarship 
        under this section for an academic year shall be established by 
        regulation but may not exceed the cost of attendance as such 
        cost is determined in section 472 of the Higher Education Act 
        of 1965 (20 U.S.C. 1087ll).
            (4) Use of funds.--A scholarship provided under this 
        section may be expended for tuition, fees, and other authorized 
        expenses as established by regulation.
            (5) Contractual agreement.--The participating agency may 
        enter into a contractual agreement with an institution of 
        higher education under which the amounts provided for a 
        scholarship under this section for tuition, fees, and other 
        authorized expenses are paid directly to the institution with 
        respect to which the scholarship is provided.
    (f) Period of Service.--
            (1) In general.--The period of service for which an 
        individual shall be obligated to serve as an employee of the 
        participating agency, except as provided in subsection (h)(2), 
        shall be determined by the participating agency as stated in 
        subsection (a)(2).
            (2) Start of service.--Except as provided in paragraph (3), 
        obligated service under paragraph (1) shall begin not later 
        than 60 days after the individual obtains the educational 
        degree for which the scholarship was provided.
            (3) Deferral.--The participating agency may defer the 
        obligation of an individual to provide a period of service 
        under paragraph (1) if the participating agency determines that 
        such a deferral is appropriate. The Administrator shall 
        prescribe the terms and conditions under which a service 
        obligation may be deferred through regulation.
    (g) Repayment.--
            (1) Requirement.--Scholarship recipients who fail to 
        maintain a high level of academic standing, as defined by the 
        participating agency by regulation, who are dismissed from 
        their educational institutions for disciplinary reasons, or who 
        voluntarily terminate academic training before graduation from 
        the educational program for which the scholarship was awarded, 
        shall be in breach of their contractual agreement and, in lieu 
        of any service obligation arising under such agreement, shall 
        be liable to the United States for repayment within 1 year 
        after the date of default of all scholarship funds paid to them 
        and to the institution of higher education on their behalf 
        under the agreement, except as provided in subsection (h). The 
        repayment period may be extended by the participating agency 
        when determined to be necessary.
            (2) Failure to complete service requirement.--Scholarship 
        recipients who, for any reason, fail to begin or complete their 
        service obligation after completion of academic training, or 
        fail to comply with the terms and conditions of deferment 
        established by the participating agency pursuant to subsection 
        (f)(3), shall be in breach of their contractual agreement. When 
        recipients breach their agreements for the reasons stated in 
        the preceding sentence, the recipient shall be liable to the 
        United States for an amount equal to--
                    (A) the total amount of scholarships received by 
                such individual under this section; added to
                    (B) the amount of the interest on the amounts of 
                such scholarships that would be payable if at the time 
                such scholarships were received they were loans bearing 
                interest at the maximum legal prevailing rate, as 
                determined by the Treasurer of the United States, 
                multiplied by 3.
    (h) Cancellation or Waiver.--
            (1) Cancellation.--Any obligation of an individual incurred 
        under the Program (or a contractual agreement thereunder) for 
        service or payment shall be canceled upon the death of the 
        individual.
            (2) Waiver.--The participating agency shall by regulation 
        provide for the partial or total waiver or suspension of any 
        obligation of service or payment incurred by an individual 
        under the Program (or a contractual agreement thereunder) 
        whenever compliance by the individual is impossible or would 
        involve extreme hardship to the individual, or if enforcement 
        of such obligation with respect to the individual would be 
        contrary to the best interests of the Government.

SEC. 180. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Ocean and Coastal Education Program.--Of the amounts 
authorized annually to NOAA, the Department of the Navy, the National 
Science Foundation, and the National Aeronautics and Space 
Administration for fiscal year 2006 through fiscal year 2010, 
$25,000,000 from each agency shall be available for the ocean and 
coastal education program under section 178.
    (b) Scholarship Program.--Of the amounts authorized annually to 
NOAA, the National Science Foundation, the National Aeronautics and 
Space Administration, and the Department of the Navy for fiscal year 
2006 through fiscal year 2010, $15,000,000 shall be available for 
National Ocean Science and Technology Scholarships under section 179.
    (c) Availability.--Sums appropriated under this section shall 
remain available until expended.

                      TITLE II--HABITAT MANAGEMENT

                Subtitle A--Management of Coral Habitats

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Deep Sea Coral Protection 
Act''.

SEC. 202. POLICY.

    It is the policy of the United States to employ preventative and 
precautionary strategies to protect deep sea corals and deep sea 
sponges, including protecting such organisms that are found in the 
continental margins, canyons, seamounts, and ridges of the world's 
oceans, and the habitats of such organisms from damage from gear and 
equipment used in commercial fishing, particularly bottom-tending 
mobile fishing gear.

SEC. 203. DEFINITIONS.

    In this subtitle:
            (1) Bottom-tending mobile fishing gear.--The term ``bottom-
        tending mobile fishing gear'' means any trawl or dredge fishing 
        gear that contacts the ocean floor while in use, including 
        pelagic trawls that contact the ocean floor while in use, otter 
        trawls, and scallop dredges.
            (2) Coral management area.--The term ``Coral Management 
        Area'' means an area designated as a Coral Management Area 
        under section 207 of this Act.
            (3) Coral study area.--The term ``Coral Study Area'' means 
        an area designated as a Coral Study Area under section 206 of 
        this Act.
            (4) Council.--Except as otherwise provided in this 
        subtitle, the term ``Council'' means 1 of the Regional Fishery 
        Management Councils established under section 302 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1852).
            (5) Deep sea coral.--The term ``deep sea coral'' means the 
        species that--
                    (A) occur at a depth of more than 50 meters;
                    (B) do not contain symbiotic algae; and
                    (C) are in the phylum Cnidaria and in the order--
                            (i) Antipatharia;
                            (ii) Scleractinia;
                            (iii) Gorgonacea;
                            (iv) Alcyonacea;
                            (v) Pennatulacea, of the class Authozoa; or
                            (vi) Hydorcorallina, of the class Hydrozoa.
            (6) Deep sea coral and sponge ecosystem.--The term ``deep 
        sea coral and sponge ecosystem'' means a community of living 
        species of deep sea corals or deep sea sponges, the benthic and 
        non-benthic species associated with such species, and the 
        living and nonliving physical, chemical components, and 
        environmental factors that constitute habitat for corals and 
        sponges.
            (7) Deep sea sponge.--The term ``deep sea sponge'' means 
        species of the phylum Porifera that occur at a depth of more 
        than 50 meters.
            (8) Exclusive economic zone.--The term ``exclusive economic 
        zone'' has the meaning given that term in section 3 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1802).

SEC. 204. MAPPING AND RESEARCH.

    (a) Requirement for Mapping and Research.--The Administrator shall 
carry out a comprehensive program to explore, research, identify, and 
map deep sea corals and deep sea sponges that includes an annual 
research strategy that--
            (1) compares areas open to bottom-tending mobile fishing 
        gear with areas designated as Coral Management Areas; and
            (2) prioritizes Coral Study Areas for evaluation to 
        determine whether such designation should be terminated or 
        whether the areas should be designated as Coral Management 
        Areas.
    (b) Description of Mapping and Research.--The comprehensive program 
described in subsection (a) shall include--
            (1) creating maps of the locations of deep sea coral and 
        sponge ecosystems; and
            (2) conducting research related to deep sea corals and deep 
        sea sponges and the habitats of deep sea corals and deep sea 
        sponges, including--
                    (A) the natural history;
                    (B) taxonomic classification;
                    (C) ecological role; and
                    (D) the benefits of such species and habitats.

SEC. 205. DATA REVIEW AND RECOMMENDATIONS.

    (a) Requirement for Review.--Not less frequently than once every 
other year, an advisory panel selected by the Administrator from a list 
of names developed by the Chair of the National Research Council shall 
review all available data related to deep sea corals and deep sea 
sponges. Such data shall include data from--
            (1) bycatch records used to determine the rate of bycatch 
        of deep sea corals and deep sea sponges, including the log 
        books of commercial fishing vessels, records from onboard 
        observers, and trawl surveys;
            (2) research data used to determine the presence of deep 
        sea corals or deep sea sponges, including data from trawl 
        surveys, explorations with remote or manned submersibles or 
        sleds, and sediment surveys using sonar technology, sampling 
        technologies, or any other technology; and
            (3) any Federal agency under subsection (b).
    (b) Data From Federal Entities.--The head of any Federal agency 
that holds information related to the ocean floor, including 
information related to the habitats of deep sea corals or deep sea 
sponges, shall, upon request, furnish such information to the 
Administrator who shall make it available for the advisory panel 
referred to in subsection (a).
    (c) Recommendations.--
            (1) In general.--Not later than 30 days after completing a 
        review required by subsection (a), the advisory panel referred 
        to in such subsection shall submit to the Administrator a 
        recommendation that--
                    (A) any area identified as a deep sea coral and 
                sponge ecosystem in such annual review be designated as 
                a Coral Management Area; and
                    (B) any area containing a potential or actual deep 
                sea coral and sponge ecosystem for which additional 
                research is needed be designated as a Coral Study Area.
            (2) Publication.--Notice of the availability of each 
        recommendation submitted to the Secretary under paragraph (1) 
        shall be published in the Federal Register.

SEC. 206. CORAL STUDY AREAS.

    (a) Study Areas Identified Through Fishing Records.--The 
Administrator shall designate as a Coral Study Area any area that is 
located within the exclusive economic zone for which records of 
commercial fishing trips maintained by the National Marine Fisheries 
Service demonstrate that the area has not been fished using bottom-
tending mobile fishing gear during the 7-year period ending on the date 
of the enactment of this Act. For a fishery that employs bottom-tending 
mobile fishing gear for which reliable records are not available during 
such 7-year period, the Administrator shall determine the boundaries of 
the fished areas by delineating the reasonable range of the fishery 
based on depth limits of the bottom-tending mobile fishing gears 
currently in use. The Administrator is authorized to alter these 
determinations based on official records dated from the beginning of 
the 7-year period to the date of enactment of this Act, including 
landings reports and VMS data received from a Council or from 
commercial fishermen.
    (b) Study of Areas Identified Through Bycatch Records, Research, or 
Mapping.--The Administrator shall review on a continuing basis bycatch 
records, research, mapping, and survey data obtained from areas of the 
exclusive economic zone open to fishing with commercial bottom-tending 
mobile fishing gear to determine if these data indicate the actual or 
potential presence or a deep sea coral and sponge ecosystem. A 
designation of a Coral Study Area shall expire upon decision by the 
Administrator to terminate the designation pursuant to subsection (d).
    (c) Study Areas Recommended by the Advisory Panel.--
            (1) Proposed rule.--Not later than 30 days after receiving 
        a recommendation pursuant to section 205, the Administrator 
        shall publish in the Federal Register a proposed rule to 
        designate any recommended area as a Coral Study Area.
            (2) Comment period.--The Administrator shall accept 
        comments on any proposed rule published under paragraph (1) for 
        60 days after the date of the publication of such proposed 
        rule.
            (3) Final determination.--Not later than 120 days after the 
        publication of such proposed rule, the Administrator shall 
        designate the area recommended under section 205 as a Coral 
        Study Area unless the Administrator finds no rational basis for 
        the recommendation.
    (d) Termination of Study Area Designation.--The Administrator may 
determine, at the Administrator's discretion or upon recommendation of 
the Council having advisory duties for the fisheries of an area, that 
an area or part of an area that is designated as a Coral Study Area 
pursuant to subsection (a), (b), or (c) shall no longer be designated 
as a Coral Study Area if the area does not warrant designation as a 
Coral Management Area.

SEC. 207. CORAL MANAGEMENT AREAS.

    (a) Areas Identified From Research on Coral Study Areas.--The 
Administrator shall determine that a Coral Study Area be designated as 
a Coral Management Area if--
            (1) the area has been surveyed for the presence of deep sea 
        corals and deep sea sponges; and
            (2) there is a deep sea coral and sponge ecosystem present 
        in the area.
    (b) Areas Recommended by the Advisory Panel.--
            (1) Proposed rule.--Not later than 30 days after receiving 
        a recommendation pursuant to section 205, the Administrator 
        shall publish in the Federal Register a proposed rule to 
        designate any recommended area as a Coral Management Area.
            (2) Comment period.--The Administrator shall accept 
        comments on any proposed rule published under paragraph (1) for 
        60 days after the date of the publication of such proposed 
        rule.
            (3) Final determination.--Not later than 120 days after the 
        publication of such proposed rule, the Administrator shall 
        designate the area recommended under section 205 as a Coral 
        Management Area unless the Administrator finds no rational 
        basis for the recommendation.

SEC. 208. INTERNATIONAL PROTECTIONS FOR DEEP SEA CORALS AND SPONGES.

    (a) Development of Data.--The President is authorized to permit the 
Administrator, in consultation with the Secretary of State, to work 
with appropriate foreign entities to develop the data necessary to 
identify areas located in international waters that would benefit from 
additional protection for deep sea corals and deep sea sponges.
    (b) International Protection.--The President shall direct the 
Administrator, in consultation with the Secretary of State, to work 
with appropriate foreign entities to develop a legal regime to protect 
deep sea corals and deep sea sponges beyond the zones of national 
jurisdiction consistent with the United Nations Convention on the Law 
of the Sea, done at Montego Bay December 10, 1982, the Food and 
Agriculture Organization Code of Conduct for Responsible Fisheries, and 
other relevant international instruments.

SEC. 209. REPORT TO CONGRESS.

    (a) Requirement.--On the date that is 3 years after the date of 
enactment of this Act, and every 3 years thereafter, the Administrator 
shall submit to Congress a report on the activities undertaken to carry 
out the provisions of this subtitle.
    (b) Content.--The reports required by subsection (a) shall include 
a description of--
            (1) the activities carried out to protect and monitor deep 
        sea corals and deep sea sponges;
            (2) any area designated as a Coral Study Area or a Coral 
        Management Area;
            (3) any area whose designation as a Coral Study Area is 
        terminated;
            (4) a summary of any bycatch or other data that indicates 
        the actual or potential presence of a deep sea coral and sponge 
        ecosystem; and
            (5) a summary of the research strategy created pursuant to 
        section 204.
    (c) Publication.--Notice of the availability of each report 
required by this section shall be published in the Federal Register.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $10,000,000 for each of the 
fiscal years 2006 through 2010 to carry out the provisions of this 
subtitle.

            Subtitle B--Protection of Essential Fish Habitat

SEC. 221. CONTENTS OF FISHERY MANAGEMENT PLANS.

    Section 303(a)(7) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1853(a)(7)) is amended to read as follows:
            ``(7) describe and identify essential fish habitat based on 
        the guidelines established by the Secretary under section 
        305(b)(1)(A), and--
                    ``(A) analyze the impacts of fishing on essential 
                fish habitat;
                    ``(B) minimize adverse impacts on essential fish 
                habitat from fishing;
                    ``(C) close areas to bottom-tending mobile fishing 
                gear, or any other fishing gear or practice that 
                damages seafloor habitat, and prohibit aquaculture or 
                other fish production facilities pursuant to the 
                habitat protection program under paragraphs (5) and (6) 
                of section 305(b); and
                    ``(D) identify other actions to conserve and 
                enhance such habitats;''.

SEC. 222. HABITAT PROTECTION PROGRAM.

    Section 305(b) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1855(b)) is amended by adding at the end the 
following:
    ``(5) The Secretary shall create a habitat protection program to 
protect seafloor habitats from the adverse impacts of bottom-tending 
mobile fishing gear and any other gear or practice that damages 
seafloor habitat. Not later than 180 days after the enactment of the 
Deep Sea Coral Protection Act, the Secretary shall promulgate 
regulations to--
            ``(A) prohibit the use of bottom-tending mobile fishing 
        gear in habitat areas known to be especially sensitive to 
        disturbance from such gear, including coral reef and deep coral 
        habitats and areas designated as Coral Management Areas under 
        section 207 of the Deep Sea Coral Protection Act, complex rocky 
        bottoms, seamounts, kelp forests, sea grass beds, and sponge 
        habitats;
            ``(B) prevent expansion of bottom-tending mobile fishing 
        gear into geographical areas where such fishing gear has never 
        been used as documented by the best scientific information 
        available;
            ``(C) prevent expansion of the numbers of vessels employing 
        bottom-tending mobile fishing gear by--
                    ``(i) restricting the number of licenses, permits, 
                or endorsements to no more than current fleet sizes;
                    ``(ii) allowing transfers of licenses only to gears 
                that are documented to have the same or lower impacts 
                on habitats;
                    ``(iii) allowing replacement of vessels only with 
                vessels that are documented to have the same or lower 
                impacts on habitats; and
            ``(D) prohibit aquaculture or other fish production 
        facilities that damage or alter seafloor habitat or impair 
        water quality.
    ``(6)(A) Not later than 5 years after the date of enactment of the 
National Oceans Protection Act of 2005, the Secretary shall augment the 
habitat protection program established under paragraph (5) by--
            ``(i) based on the best available science, identifying 
        areas where bottom-tending mobile fishing gear and any other 
        fishing gear or practice may be used without altering or 
        destroying important or significant amounts of habitat or 
        reducing biodiversity; and
            ``(ii) closing all other areas to these fishing gears and 
        practices.
    ``(B) If the Secretary fails to carry out the activities required 
by subparagraph (A) within 5 years after the date of enactment of the 
National Oceans Protection Act of 2005, the Secretary shall immediately 
close those areas not covered by the habitat protection program 
established under paragraph (5) to bottom-tending mobile fishing gear 
and any other fishing gear or practice that may alter or destroy 
important or significant amounts of habitat or reduce biodiversity 
until such activities are carried out.
    ``(7) The Secretary shall develop and implement a gear-substitution 
program to reduce the use of bottom-tending mobile fishing gear by--
            ``(A) conducting a viability assessment to determine 
        fisheries dependent on such gear;
            ``(B) providing funding for a research program to redesign 
        bottom-tending mobile fishing gear to reduce habitat damage in 
        fisheries that cannot be viably fished without such gear; and
            ``(C) providing funding to replace bottom-tending mobile 
        fishing gear in such fisheries.
    ``(8) The habitat protection program created under paragraph (5) 
shall not be used to facilitate the expansion of marine aquaculture.
    ``(9) There are authorized to the Secretary $20,000,000 for each of 
fiscal years 2006 through 2010 to carry out the habitat protection 
program required by paragraph (5) and the activities required by 
paragraph (6).''.

                    TITLE III--FISHERIES MANAGEMENT

SEC. 301. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).

      Subtitle A--Ecosystem-Based Fisheries Management Objectives

SEC. 311. PURPOSES AND POLICY.

    (a) Purposes.--
            (1) In general.--Subsection (b) of section 2 (16 U.S.C. 
        1801) is amended by adding at the end the following new 
        paragraphs:
            ``(8) to set as the principal objective of United States 
        fishery policy in all ocean waters of the United States the 
        protection, maintenance, and restoration of the health, 
        integrity, productive capacity, and resilience of the marine 
        ecosystems upon which long-term health and viability of 
        fisheries depend and in cases of conflict between this 
        objective and any other objective or in cases where information 
        is uncertain or inconclusive, the principal ecological 
        objective shall take precedence; and
            ``(9) to set as the socioeconomic objective of United 
        States fishery policy conserving and managing fisheries in 
        order to support a diversity of fishing participants, methods 
        and sectors, flexibility in managing fishing operations and 
        implementing conservation changes, and resilience and 
        adaptability in responding to changes in biological and 
        economic conditions within the industry and fishing 
        communities.''.
            (2) Technical amendments.--Such subsection is further 
        amended--
                    (A) in paragraph (6), by striking ``and'' at the 
                end; and
                    (B) in paragraph (7), by striking the period at the 
                end and inserting a semicolon.
    (b) Policy.--Subsection (c)(3) of section 2 is amended to read as 
follows:
            ``(3) to assure that the national fishery conservation and 
        management program utilizes, and is based upon, the best 
        scientific information available; involves, and is responsive 
        to the needs of, interested and affected States and citizens; 
        incorporates and applies ecosystem principles; considers how 
        fishing affects predator-prey and other important ecological 
        relationships within marine ecosystems; draws upon Federal, 
        State, and academic capabilities and the knowledge and 
        experience of persons in the commercial and recreational 
        fisheries in carrying out research, administration, management, 
        and enforcement; considers the effects of fishing on immature 
        fish and encourages development of practical measures that 
        minimize bycatch and avoid waste of fish; and is workable and 
        effective;''.

SEC. 312. DEFINITIONS.

    (a) Conservation and Management.--Paragraph (5) of section 3 (16 
U.S.C. 1802) is amended to read as follows:
            ``(5) The term `conservation and management' refers to all 
        of the rules, regulations, conditions, methods, and other 
        measures which are--
                    ``(A) required to rebuild, restore, or maintain, or 
                which are useful in rebuilding, restoring, or 
                maintaining, any fishery resource and the marine 
                environment;
                    ``(B) in any case in which information is 
                uncertain, unreliable, or inadequate, intended to 
                reduce risks by setting reference points for each stock 
                of fish that take into account such uncertainty, 
                unreliability, or inadequacy and the action to be taken 
                if such a reference point is approached or exceeded;
                    ``(C) required to take into account the direct and 
                indirect impacts of fishing on other species and their 
                habitats and the conservation of those species and 
                their habitats as important components of the 
                ecosystem;
                    ``(D) required to allow the expansion of existing 
                fisheries or the development of new fisheries after 
                measures are in place to prevent adverse impacts on the 
                stocks, associated species, and the ecosystem; and
                    ``(E) designed to assure that--
                            ``(i) a supply of food and other products 
                        may be taken, and that recreational benefits 
                        may be obtained, on a continuing basis;
                            ``(ii) irreversible or long-term adverse 
                        effects on fishery resources and the marine 
                        environment are avoided; and
                            ``(iii) there will be a multiplicity of 
                        options available with respect to future uses 
                        of these resources.''.
    (b) Optimum.--Paragraph (28) of section 3 is amended to read as 
follows:
            ``(28) The term `optimum', with respect to the yield from a 
        fishery, means the amount of fish which--
                    ``(A) will provide the greatest overall benefit to 
                the Nation, particularly with respect to protection of 
                marine ecosystems, food production, and recreational 
                opportunities; and
                    ``(B) is prescribed as such on the basis of the 
                maximum sustainable yield from the fishery, as reduced 
                by any relevant economic, social, or ecological 
                factors, including predator-prey and other important 
                ecological relationships within marine ecosystems.''.

SEC. 313. NATIONAL STANDARDS FOR FISHERY CONSERVATION AND MANAGEMENT.

    Section 301(a)(1) (16 U.S.C. 1851(a)(1)) is amended to read as 
follows:
            ``(1) Conservation and management measures shall protect 
        the long-term health and viability of fisheries by protecting, 
        maintaining, and restoring the health, integrity, productive 
        capacity, resilience of the marine ecosystems upon which they 
        depend and prevent overfishing, while achieving, on a 
        continuing basis, the optimum yield from each fishery for the 
        United States fishing industry.''.

SEC. 314. CONTENTS OF FISHERY MANAGEMENT PLANS.

    (a) Required Provisions.--
            (1) Ecosystem health and stability.--Section 303(a)(1)(A) 
        (16 U.S.C. 1853(a)(1)(A)) is amended by striking ``fishery;'' 
        and inserting ``fishery and the marine ecosystem within which 
        the fishery functions;''.
            (2)(A) Effects of management measures.--Section 303(a) is 
        amended by adding at the end the following new paragraph:
            ``(15) contain an assessment of the likely effects, if any, 
        of the management measures of the plan on species other than 
        species in such fishery, with emphasis on key interactions 
        between predators and prey in the ecosystem for the purpose of 
        determining if such measures are consistent with the 
        appropriate Fisheries Ecosystem Plan prepared under section 
        305(j).''.
            (B) Technical amendments.--Section 303(a) is further 
        amended--
                    (i) in paragraph (13), by striking ``and'' at the 
                end; and
                    (ii) in paragraph (14), by striking the period at 
                the end and inserting a semicolon and ``and''.
    (b) Discretionary Provisions.--Section 303(b)(12) (16 U.S.C. 
1853(b)(12)) is amended by striking ``fishery.'' and inserting 
``fishery or the marine ecosystem within which the fishery 
functions.''.

SEC. 315. FISHERIES ECOSYSTEM PLANS.

    Section 305 (16 U.S.C. 1855) is amended by adding at the end the 
following:
    ``(j) Fisheries Ecosystem Plans.--
            ``(1)(A) Not later than 18 months after the date of 
        enactment of the National Oceans Protection Act of 2005, the 
        Secretary shall--
                    ``(i) prepare, in conjunction with the Councils and 
                other scientific, fisheries, and conservation interests 
                as appropriate, and publish guidance for the 
                development of Fisheries Ecosystem Plans; and
                    ``(ii) provide such guidance to the Councils to 
                facilitate development and implementation of the 
                required Fisheries Ecosystem Plans within the 
                prescribed time period.
            ``(B) The Secretary shall issue regulations that establish 
        a process for preparing and developing Fisheries Ecosystem 
        Plans that is consistent with the fishery management plan 
        process outlined in section 304.
            ``(C) To assist in developing the guidelines and 
        regulations, the Secretary shall--
                    ``(i) conduct workshops with the Councils and other 
                scientific, fisheries, and conservation interests; and
                    ``(ii) identify the major marine ecosystems within 
                each Council's jurisdiction.
            ``(2)(A) Each Council shall, within 12 months after the 
        publication of the guidance and regulations required by 
        paragraph (1) and based on the best scientific information 
        available, prepare and submit to the Secretary a Fisheries 
        Ecosystem Plan for each major marine ecosystem within its 
        jurisdiction.
            ``(B) In the case in which significant portions of a major 
        ecosystem are in the jurisdictions of adjacent Councils, the 
        Councils shall jointly prepare a plan for the major marine 
        ecosystem.
            ``(3) Each Fisheries Ecosystem Plan shall--
                    ``(A) contain information on the structure and 
                function of the ecosystem in which fishing activities 
                occur, including the geographic extent of the ecosystem 
                and its biological, physical, and chemical dynamics, a 
                description of the significant food web including key 
                predator-prey relationships, and the habitat needs of 
                different life stages of species that make up the 
                significant food web;
                    ``(B) establish indices of ecosystem health and 
                integrity;
                    ``(C) describe how the information on ecosystem 
                structure and function is to be incorporated into the 
                context of fishery-specific management plans;
                    ``(D) include specific recommendations for 
                implementing ecosystem protections in fishery 
                management plans; and
                    ``(E) outline long-term monitoring to evaluate 
                changes in the ecosystem.
            ``(4) The Secretary shall review each Fisheries Ecosystem 
        Plan according to the guidance prepared pursuant to paragraph 
        (1) and approve or disapprove the plan, in whole or in part, 
        according to the process described in section 304. If the 
        Secretary disapproves or partially approves a plan, the Council 
        shall revise and resubmit the plan not later than 6 months 
        after its disapproval.
            ``(5) If, within the 18-month period after publication of 
        the guidance and regulations required pursuant to paragraph 
        (1), a Council fails to develop and submit to the Secretary a 
        Fisheries Ecosystem Plan as required under this section, or if 
        the Secretary disapproves in whole or in part such a plan, the 
        Secretary shall prepare a plan for that ecosystem concerned 
        within 24 months after the publication of the guidance and 
        regulations required pursuant to paragraph (1).
            ``(6)(A) The Secretary may not approve a fisheries 
        management plan or an amendment to such a plan, unless the 
        Secretary determines that the fisheries management plan or an 
        amendment is consistent with the principles, goals, policies, 
        and recommendations of each relevant Fisheries Ecosystem Plan 
        approved or prepared by the Secretary.
            ``(B) Not later than 30 months after the date the Secretary 
        approves or prepares a final Fisheries Ecosystem Plan, each 
        Council shall submit to the Secretary any fishery management 
        plan or plan amendments required to make all fisheries 
        management plans under its jurisdiction consistent with the 
        principles, goals, policies, and recommendations of the 
        Fisheries Ecosystem Plan.
            ``(C) If a Council fails to submit any fishery management 
        plan or amendment required under subparagraph (A) before the 
        end of the 30-month period beginning on the date of such 
        approval, or if the Secretary disapproves in whole or in part 
        such plan or amendment, the Secretary shall prepare such plan 
        or amendment not later than 36 months after such approval.
    ``(k) Ocean and Coastal Resource Information System.--
            ``(1) The Secretary may establish an ocean and coastal 
        resource information system.
            ``(2) An ocean and coastal resource information system 
        established under paragraph (1) shall include a database of 
        information on ocean and coastal data that includes--
                    ``(A) ocean observation system data;
                    ``(B) fishery research and stock assessment data;
                    ``(C) other biological, oceanographic, geographic, 
                and geological data; and
                    ``(D) hypothesis-driven science.
            ``(3) An ocean and coastal resource information system 
        shall be accessible to the public and published on the 
        Internet.''.

SEC. 316. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fisheries Ecosystem Plans.--There are authorized to be 
appropriated for the conservation of marine ecosystems under section 
305(j), as added by section 315 of this Act--
            (1) $15,000,000 for fiscal year 2006;
            (2) $20,000,000 for fiscal year 2007;
            (3) $25,000,000 for fiscal year 2008;
            (4) $30,000,000 for fiscal year 2009; and
            (5) $35,000,000 for fiscal year 2010.
    (b) Ocean and Coastal Resource Information System.--There are 
authorized to be appropriated for the ocean and coastal resource 
information system under section 305(k) as added by section 315 of this 
Act, $5,000,000 for each of the fiscal years 2006 through 2010.

                     Subtitle B--Bycatch Management

SEC. 321. POLICY.

    Subsection (c)(3) of section 2, as amended by section 311 of this 
Act, is further amended by striking ``minimize bycatch and avoid waste 
of fish;'' and inserting ``avoid bycatch, minimize the mortality of 
bycatch that cannot be avoided, and minimize waste of fish;''.

SEC. 322. DEFINITIONS.

    Section 3(2) (16 U.S.C. 1802(2)) is amended to read as follows:
            ``(2) The term `bycatch'--
                    ``(A) means--
                            ``(i) catch of nontarget fish species and 
                        nonfish species;
                            ``(ii) economic and regulatory discards 
                        including discards of target species; and
                            ``(iii) nontarget fish and nonfish species 
                        that are otherwise killed or injured as a 
                        result of fishing; and
                    ``(B) does not include fish released alive under a 
                recreational catch and release fishery management 
                program.''.

SEC. 323. NATIONAL STANDARDS FOR FISHERY CONSERVATION AND MANAGEMENT.

    Section 301(a)(9) (16 U.S.C. 1851(a)(9)) is amended to read as 
follows:
            ``(9) Conservation and management measures shall, to the 
        maximum extent practicable, with a goal of reducing bycatch to 
        levels approaching zero--
                    ``(A) avoid bycatch; and
                    ``(B) to the extent bycatch cannot be avoided, 
                minimize the mortality of such bycatch.''.

SEC. 324. CONTENTS OF FISHERY MANAGEMENT PLANS.

    (a) Required Provisions.--
            (1) In general.--Section 303(a) (16 U.S.C. 1853(a)), as 
        amended by section 314(a) of this Act, is further amended--
                    (A) by striking paragraph (11) and inserting the 
                following:
            ``(11) not later than 1 year after the date of enactment of 
        the National Oceans Protection Act of 2005, establish and 
        implement a bycatch monitoring and minimization plan that 
        includes--
                    ``(A) an accurate and reliable standardized 
                reporting methodology to assess the amount and type of 
                bycatch occurring in the fishery, including an 
                appropriate and effective system to monitor bycatch 
                which, in the case of vessels of the United States 
                (other than vessels engaged in charter fishing that are 
                carrying 6 or fewer passengers for hire) engaged in 
                commercial fishing may be an observer program;
                    ``(B) based on data from the bycatch monitoring 
                programs established under subparagraph (A), objective 
                and measurable targets to reduce bycatch on an annual 
                basis by a statistically significant amount from the 
                previous year, utilizing conservation and management 
                measures that, to the maximum extent practicable and in 
                the following priority--
                            ``(i) avoid bycatch; and
                            ``(ii) minimize the mortality of bycatch 
                        that cannot be avoided; and
                    ``(C) place a high priority on fisheries with--
                            ``(i) high levels of bycatch mortality;
                            ``(ii) high rates of bycatch mortality;
                            ``(iii) bycatch of protected species;
                            ``(iv) poor data on bycatch; or
                            ``(v) bycatch that causes significant 
                        ecological impacts.''; and
                    (B) by adding at the end the following:
            ``(16) account for all direct and indirect sources of 
        fishing mortality, including bycatch mortality, in stock 
        assessments, in determining the maximum sustainable yield for 
        the fishery, in establishing total allowable catch and other 
        catch limits necessary to achieve the optimum yield, and in 
        counting catch.''.
            (2) Technical amendments.--Such subsection is further 
        amended--
                    (A) in paragraph (14), by striking ``and'' at the 
                end; and
                    (B) in paragraph (15), by striking ``305(j).'' and 
                inserting ``305(j); and''.
    (b) Discretionary Provisions.--
            (1) In general.--Section 303(b), as amended by section 
        314(b) of this Act, if further amended by adding at the end the 
        following:
            ``(13) notwithstanding any other provision of law, involve 
        stakeholders in affected fisheries in the development of 
        bycatch monitoring and minimization plans and include in such 
        bycatch monitoring and minimization plans conservative bycatch 
        quotas for individual fish species which account for all direct 
        and indirect sources of bycatch mortality.''.
            (2) Technical amendments.--Such subsection is further 
        amended--
                    (A) in paragraph (11), by striking ``and'' at the 
                end; and
                    (B) in paragraph (12), by striking ``ecosystem.'' 
                and inserting ``ecosystem; and''.

SEC. 325. OTHER REQUIREMENTS AND AUTHORITY.

    Section 305(d) (16 U.S.C. 1855(d)) is amended by adding at the end, 
``Not later than 6 months after the date of enactment of the National 
Oceans Protection Act of 2005, the Secretary shall promulgate 
regulations establishing national criteria to define what constitutes 
an adequate and appropriate bycatch monitoring and minimization plan 
under section 303(a)(11), including minimum criteria for an observer 
program or other appropriate and effective system to monitor 
bycatch.''.

SEC. 326. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the development of a 
bycatch monitoring and minimization plan and criteria, as required by 
the amendments made by sections 324 and 325 the following amounts:
            (1) $15,000,000 for fiscal year 2006.
            (2) $10,000,000 for each of the fiscal years 2007 through 
        2010.

            Subtitle C--Cetacean and Sea Turtle Conservation

SEC. 331. SHORT TITLE.

    This subtitle may be cited as the ``Cetacean and Sea Turtle 
Conservation Act of 2005''.

SEC. 332. PURPOSES.

    The purposes of this subtitle are--
            (1) to restore and perpetuate healthy populations of 
        cetaceans and sea turtles by reducing bycatch of cetaceans and 
        sea turtles to sustainable levels through the development of 
        bilateral and multilateral efforts among the United States and 
        other fishing nations;
            (2) to increase the technical capacity, financial 
        resources, and political will necessary to reduce bycatch of 
        cetaceans and sea turtles to sustainable levels globally;
            (3) to promote international standards and guidelines to 
        reduce bycatch of cetaceans and sea turtles; and
            (4) to authorize financial resources for the purposes 
        described in paragraphs (1) through (3).

SEC. 333. DEFINITIONS.

    In this subtitle:
            (1) Appropriate fishing gear and methods.--The term 
        ``appropriate fishing gear and methods'' means gear and methods 
        used in fishing operations that are proven to be effective in 
        reducing bycatch of cetaceans or sea turtles to sustainable 
        levels.
            (2) Bycatch.--The term ``bycatch'' means the incidental 
        mortality or serious injury of an animal that is not the target 
        of a fishing operation that occurs in the course of the fishing 
        operation.
            (3) Cetacean.--The term ``cetacean'' means an aquatic 
        mammal that is a member of the order Cetacea, including whales, 
        dolphins, and porpoises.
            (4) Independent experts.--The term ``independent experts'' 
        means individuals with expertise in issues related to cetaceans 
        or sea turtles including representatives of academic and 
        scientific organizations, nongovernmental organizations that 
        promote conservation of cetacean populations, and the fishing 
        industry.
            (5) Population.--The term ``population'' means a distinct 
        group of individuals of a species or smaller taxa in a common 
        spatial arrangement that interbreed when mature.
            (6) Sea turtle.--The term ``sea turtle'' means a member 
        of--
                    (A) the family Cheloniidae; or
                    (B) the family Dermochelyidae.
            (7) Sustainable levels.--The term ``sustainable levels'' 
        means, with respect to bycatch, a level of bycatch that, in 
        combination with other mortality caused by humans, does not 
        exceed the maximum number of individuals that may be removed 
        from a population while allowing that population to recover to 
        a level at which such population maintains its maximum 
        productivity.

SEC. 334. INTERNATIONAL AGREEMENTS AND STANDARDS.

    (a) International Agreements.--The Secretary, with the consent of 
the President and in consultation with independent experts and with the 
Secretary of State, shall negotiate with foreign governments that are 
engaged in, or that have persons or companies engaged in, commercial 
fishing operations that are adversely impacting populations of 
cetaceans or populations of sea turtles for the purpose of developing 
bilateral or multilateral agreements that require such governments to 
reduce bycatch of cetaceans or sea turtles to at least sustainable 
levels.
    (b) Standards.--An international agreement negotiated under 
subsection (a) shall include provisions to promote the development and 
implementation of standards for commercial fishing operations that 
interact with cetaceans or sea turtles that--
            (1) require such operations to use appropriate fishing gear 
        and methods; and
            (2) are intended to reduce bycatch of cetaceans and sea 
        turtles to at least sustainable levels.
    (c) United Nations.--The Secretary may consult and coordinate with 
the Committee on Fisheries of the Food and Agriculture Organization of 
the United Nations in developing international agreements under 
subsection (a) or standards under subsection (b).

SEC. 335. RESEARCH AND DEVELOPMENT GRANTS.

    (a) Authority.--The Secretary is authorized to award grants and to 
provide other assistance that the Secretary determines is appropriate 
to an eligible person to carry out the research or development of 
appropriate fishing gear and methods, including appropriate fishing 
gear and methods for use--
            (1) in the North Sea, where harbor porpoise bycatch is 
        severe;
            (2) in Mexico's Gulf of California, where the vaquita 
        porpoise faces extinction unless gillnets are banned;
            (3) in the east coast of South America, including waters 
        off the coasts of Brazil, Uruguay, and Argentina, where bycatch 
        of franciscana dolphins is contributing to the precipitous 
        decline of that species; or
            (4) in areas where bycatch of sea turtles associated with 
        longline fishing has been found to occur frequently, as 
        follows:
                    (A) The central Pacific Ocean.
                    (B) The southern Pacific Ocean.
                    (C) The southern Atlantic Ocean.
                    (D) The Mediterranean Sea.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Resources of the House of Representatives.
            (2) Foreign person defined.--The term ``foreign person'' 
        means--
                    (A) an individual who is not a United States 
                citizen;
                    (B) any corporation, partnership, business 
                association, society, trust, organization, or other 
                nongovernmental entity created or organized under the 
                laws of a foreign country or that has its principal 
                place of business outside the United States; or
                    (C) any governmental entity of a foreign country.
            (3) Marine mammal commission.--The term ``Marine Mammal 
        Commission'' means the Marine Mammal Commission established by 
        section 201 of the Marine Mammal Protection Act of 1972 (16 
        U.S.C. 1401).
    (c) Eligibility.--
            (1) In general.--The Secretary shall determine if a person, 
        including any governmental entity or any foreign person, is 
        eligible to receive a grant under this section.
    (d) Application.--A person seeking a grant under this section shall 
submit an application to the Secretary at such time, in such manner, 
and including such information as the Secretary may reasonably require.
    (e) Terms and Conditions.--
            (1) In general.--A recipient of a grant or other financial 
        assistance provided by the Secretary under this section shall 
        agree to such terms and conditions as the Secretary determines 
        are necessary to protect the interests of the United States.
            (2) Requirement for consultation.--The Secretary shall 
        consult with the Marine Mammal Commission prior to determining 
        the terms and conditions described in paragraph (1) for a 
        recipient of a grant or other financial assistance to be used 
        to reduce bycatch of cetaceans.
    (f) Report.--Not later than one year after the date of enactment of 
this Act, and annually thereafter, the Secretary shall submit a report 
to the appropriate congressional committees on the grants and other 
assistance provided under this section.

SEC. 336. BYCATCH DATABASE.

    (a) Requirement for Database.--The Secretary shall establish a 
database of bycatch data for cetaceans and sea turtles from fisheries 
around the world for the purpose described in subsection (b).
    (b) Purpose of Database.--The purpose of the database is to make 
information related to bycatch, including cetacean or sea turtles 
species affected by bycatch, the development and use of appropriate 
fishing gear and methods, and efforts to reduce the bycatch of 
cetaceans and sea turtles, available to scientists, resource managers, 
and the public.
    (c) Availability.--The Secretary shall make the database 
established pursuant to subsection (a) available by public posting 
through an Internet Web site.

SEC. 337. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $5,000,000 for each fiscal 
year 2005 through 2008 to carry out the provisions of this subtitle.

                 Subtitle D--Individual Fishing Quotas

SEC. 341. INDIVIDUAL FISHING QUOTAS.

    Section 303 (16 U.S.C. 1853) is amended--
            (1) by striking subsection (b)(6) and inserting the 
        following:
            ``(6) establish a limited access system for the fishery in 
        order to achieve optimum yield if, in developing such system, 
        the Council and the Secretary take into account--
                    ``(A) the conservation requirements of this Act 
                with respect to the fishery;
                    ``(B) the present and historic participation in the 
                fishery;
                    ``(C) the economics of the fishery;
                    ``(D) the cultural and social framework relevant to 
                the fishery and any affected fishing communities;
                    ``(E) the fair and equitable distribution of a 
                public resource; and
                    ``(F) any other relevant considerations.''; and
            (2) in subsection (d)--
                    (A) by striking paragraph (5);
                    (B) by redesignating paragraphs (2) through (4) as 
                paragraphs (7) through (9);
                    (C) by striking all that precedes paragraph (7), as 
                so redesignated, and inserting the following:
    ``(d) Fishing Quota Systems.--
            ``(1) A fishery management plan or plan amendment that 
        establishes a fishing quota system for a fishery after the date 
        of enactment of the National Oceans Protection Act of 2005 
        shall--
                    ``(A) include management measures designed to 
                ensure the sustainability of the fishery and provide 
                additional and substantial conservation benefits to the 
                fishery;
                    ``(B) be effective for a period of a fixed 
                duration, not to exceed 7 years;
                    ``(C) provide for administration of the system by 
                the Secretary in accordance with the terms of the plan;
                    ``(D) establish procedures for the Council having 
                authority over the fishery, or the Secretary in the 
                case of a fishery management plan developed by the 
                Secretary, to review the quota system at least 1 year 
                prior to the end of the effective period of the plan;
                    ``(E) allocate, review, and limit or terminate 
                quota shares in accordance with this subsection;
                    ``(F) provide a fair and equitable process to 
                appeal to the Secretary decisions made by a Council 
                on--
                            ``(i) eligibility to participate in all 
                        referenda authorized under this subsection and 
                        eligibility to receive an allocation of quota 
                        shares; and
                            ``(ii) limitations, restrictions, and 
                        revocations of quota shares;
                    ``(G) minimize, to the maximum extent practicable, 
                negative social and economic impacts of the system on 
                local coastal communities;
                    ``(H) ensure adequate enforcement, management, and 
                data collection, including the use of observers where 
                appropriate at a level of coverage that yields 
                statistically significant results; and
                    ``(I) not require that quota shares be held by a 
                person engaged in personal-use fishing, including any 
                recreational or subsistence fishing, if the fishery 
                management plan designates a separate portion of the 
                total allowable catch for personal-use fishing.
            ``(2)(A) The Council having authority over the fishery 
        shall make a fair and equitable allocation of all, or only a 
        portion, of the total allowable catch limit as quota shares 
        among existing categories of vessels and among fishing gear 
        types or other appropriate qualifiers. In allocating quota 
        shares for a fishery, the Council shall--
                    ``(i) take into account present and historic 
                participation in the fishery;
                    ``(ii) ensure that each quota share is held only by 
                persons who--
                            ``(I) except for allocations under clause 
                        (iii), hold a permit to fish in the fishery; 
                        and
                            ``(II) are natural persons of the United 
                        States or permanent resident aliens qualified 
                        by Federal or State law to participate in the 
                        fishery;
                    ``(iii) establish a mechanism to allow new entrants 
                into the fishery;
                    ``(iv) prevent any person from controlling an 
                excessive share of fishing quotas issued for the 
                fishery and establish any other limits or measures 
                necessary to prevent inequitable concentration of quota 
                shares and to prevent significant impacts on any person 
                that holds a permit authorizing fishing in the fishery 
                or the fishing community; and
                    ``(v) create incentives in successive allocations 
                for fishermen who increase their gear selectivity and 
                protection of essential fish habitat by increasing the 
                allocation for those fishermen.
            ``(B)(i) The Secretary may allow the transfer of a quota 
        share allocated under subparagraph (A), on a case-by-case 
        basis, without regard to subparagraph (A)(ii)(I), from the 
        holder of the quota share to a member of the holder's immediate 
        family, due to death or disablement of the holder.
            ``(ii) The Secretary shall establish a simple and 
        expeditious process for such a transfer.
            ``(iii) The Secretary may allow such a transfer only within 
        the same category of vessel, fishing gear type, or other 
        appropriate qualifier to maintain a fair and equitable 
        allocation of quota shares.
            ``(3)(A) A fishing quota system established for a fishery 
        may be limited or terminated at any time if necessary for the 
        conservation and management of the fishery, including if the 
        quota system has been found to have jeopardized the 
        sustainability of the stock or the safety of fishermen, by--
                    ``(i) the Council that has authority over the 
                fishery for which the system is established, through a 
                fishery management plan or amendment;
                    ``(ii) the Secretary, pursuant to section 304(h); 
                or
                    ``(iii) the Secretary, in the case of any fishing 
                quota system established by a fishery management plan 
                developed or approved by the Secretary.
            ``(B) Subparagraph (A) does not diminish the authority of 
        the Secretary under any other provision of this Act.
            ``(C) A quota share issued under a fishing quota system 
        established by a fishery management plan--
                    ``(i) shall expire not later than 7 years after the 
                date it is issued;
                    ``(ii) shall be reviewed by the Council committee 
                established in paragraph (5) not later than 6 months 
                prior to expiration under clause (i); and
                    ``(iii) shall be renewed in accordance with the 
                terms of the plan and regulations issued by the 
                Secretary or the Council having authority over the 
                fishery for which it is issued, if, based on a review 
                by the committee established under paragraph (5), the 
                quota shareholder is meeting or exceeding the 
                requirements of this Act or the conservation and 
                management requirements of the fishery (including as a 
                result of a violation of this Act or any regulation 
                prescribed under this Act).
            ``(4)(A)(i) A Council may submit a fishery management plan 
        or plan amendment that establishes a fishing quota system only 
        if the submission of such plan or plan amendment is approved in 
        referendum conducted in accordance with this paragraph.
            ``(ii) The Secretary, in the case of a fishery management 
        plan developed by the Secretary, may approve a fishery 
        management plan or plan amendment that establishes a fishing 
        quota system only if the approval of such plan or plan 
        amendment is approved in referendum conducted in accordance 
        with this paragraph.
            ``(B) The Secretary shall conduct the referendum required 
        under subparagraph (A). The Secretary shall develop guidelines 
        to determine procedures for the referenda to conduct such 
        referendum in a fair and equitable manner. Prior to the 
        referendum, the Secretary shall identify and notify all persons 
        who are eligible to vote in the referendum and make available 
        to all such persons information concerning the schedule, 
        procedures, and eligibility requirements for the referendum 
        process and the proposed fishing quota system.
            ``(C) Each referendum shall be decided by the affirmative 
        vote of a two-thirds majority of the votes cast by the persons 
        who the Secretary determines are eligible to vote in the 
        referendum.
            ``(D) The Secretary shall conduct a referendum to determine 
        support for submitting a specific proposed fishing quota system 
        for approval and implementation. Eligible voters shall be all 
        persons who hold a permit to fish in the fishery or crew 
        members who derive at least 75 percent of their income from the 
        fishery subject to the proposed fishing quota system.
            ``(5)(A) Each Council, upon deciding to develop a fishing 
        quota program for a fishery, shall establish, maintain, and 
        appoint members of a review committee to make recommendations 
        for development, evaluation, and necessary changes to such 
        programs to ensure that such members meet the requirements of 
        this subsection.
            ``(B) The Council, in consultation with the Secretary, 
        shall develop guidelines that will ensure that committee 
        members are qualified for appointment and are subject to 
        conflict of interest rules. A member shall not vote on any 
        decision pertaining to a fishing quota system under which the 
        member holds a quota share or will hold a quota share during 
        the 5-year period beginning on the date of such vote.
            ``(C) The members of a review committee established by a 
        Council under subparagraph (A) shall be made by the Council in 
        such a manner as to provide fair representation to all groups 
        affected by such programs, including commercial, recreational, 
        and subsistence fishing interests, fishing communities, 
        scientists, and public interest groups (including conservation 
        organizations).
            ``(D) Not less frequently than once every 7 years, each 
        review committee shall review fishing quota systems, determine 
        whether such systems meet the requirements of this Act, and 
        evaluate whether each such system has improved management, 
        conservation, and safety in the fishery. Pursuant to such 
        review, the review committee shall recommend any changes to a 
        system necessary to ensure it meets requirements and standards 
        of improvement.
            ``(E)(i) Not less frequently than once every 7 years, the 
        review committee shall review compliance of fishing quota 
        holders under a fishing quota system with the system and this 
        Act and may recommend that a quota share be limited, reduced, 
        or revoked if the shareholder is not meeting such requirements.
            ``(ii) Reduced and revoked quota shares shall be 
        reallocated through a mechanism approved by the Council. In the 
        case of any such reallocation, preference shall be given to 
        those quota shareholders that the review committee determines 
        are providing additional and substantial conservation benefits 
        to the fishery, or to new entrants in a fishing gear type or 
        vessel category that, as a group, are providing additional and 
        substantial conservation benefits to the fishery.
            ``(iii) Any recommendation for limitation, reduction, 
        revocation, or reallocation of quota share is subject to appeal 
        under the process established under paragraph (1)(F).
            ``(F) Not later than 90 days after the date that a review 
        committee completes a review under subparagraph (D), the 
        appropriate Council shall transmit to Congress a report 
        containing the results of each fishing quota system review 
        within 90 days after the review is completed.''; and
                    (D) by adding at the end the following:
            ``(10) In this subsection:
                    ``(A) The term `additional and substantial 
                conservation benefits to the fishery'--
                            ``(i) means scientifically measurable 
                        benefits to the fishery at the time of 
                        establishment of the system, that 
                        substantially--
                                    ``(I) avoid bycatch and minimize 
                                the mortality of unavoidable bycatch;
                                    ``(II) prevent highgrading;
                                    ``(III) reduce overfishing 
                                (including localized depletions) and 
                                rebuild overfished stocks; and
                                    ``(IV) protect essential fish 
                                habitat; or
                            ``(ii) if it is not possible to directly 
                        measure conservation benefits, means actions 
                        taken by a fishing quota shareholder that are 
                        deemed necessary by the Secretary to provide 
                        such benefits.
                    ``(B) The term `excessive share' means more than 1 
                percent of the total allowable catch in a fishery, 
                except that a Council may increase such percentage--
                            ``(i) to no more than 5 percent, if the 
                        Council can demonstrate that such an increase 
                        will not be detrimental to other individual 
                        fishing quota shareholders in the program; or
                            ``(ii) to no more than 15 percent, if there 
                        are 20 or fewer participants in the fishery and 
                        the Council can demonstrate that such an 
                        increase will not be detrimental to other 
                        individual quota shareholders in the program.
                    ``(C) The term `fair and equitable allocation' 
                means initial or subsequent allocation of fishing quota 
                shares based on multiple criteria that provide 
                consideration for--
                            ``(i) conservation performance, including 
                        the use of selective fishing practices that 
                        have minimal bycatch, prevent highgrading, and 
                        have minimal adverse impacts on essential fish 
                        habitat;
                            ``(ii) owner-operators of fishing vessels; 
                        and
                            ``(iii) long-term participation in the 
                        fishery.''.

SEC. 342. DEFINITIONS.

    Section 3 (16 U.S.C. 1802) is amended by adding at the end the 
following:
            ``(46) The term `fishing quota system' means any system 
        that requires a user to acquire a Federal permit, which 
        specifies by a unit or units a percentage of the total 
        allowable catch of a fishery that may be received or held for 
        exclusive use by a person or a definable group of persons, to 
        harvest fish in a fishery, during each fishing season for which 
        the permission is granted, including area or community quotas, 
        sector quotas, fishing cooperatives, and fishing quota 
        programs.
            ``(47) The term `quota share' means a Federal permit under 
        a fishing quota system to harvest a quantity of fish, expressed 
        by a unit or units representing a percentage of the total 
        allowable catch of a fishery that may be received or held for 
        exclusive use by a person or a definable group of persons, 
        during each fishing season for which the permission is 
        granted.''.

SEC. 343. ACTION ON LIMITED ACCESS SYSTEMS.

    (a) In General.--Section 304(d)(2) (16 U.S.C. 1854(d)(2)) is 
amended to read as follows:
    ``(2)(A) Notwithstanding paragraph (1), the Secretary is authorized 
and shall collect an annual fee from a person that hold or transfers a 
quota share to recover the actual costs directly related to the 
management and enforcement of any--
            ``(i) individual fishing quota program; and
            ``(ii) community development quota program that allocates a 
        percentage of the total allowable catch of a fishery to such 
        program.
    ``(B)(i) Fees collected under this paragraph shall be in addition 
to any other fees charged under this Act and shall be deposited in the 
Limited Access System Administration Fund established under section 
305(h)(5)(B).
    ``(ii) Upon application by a State, the Secretary shall transfer to 
such State up to 33 percent of any fee collected pursuant to 
subparagraph (A) under a community development quota program and 
deposited in the Limited Access System Administration Fund in order to 
reimburse such State for actual costs directly incurred in the 
management and enforcement of such program.
    ``(C) The Secretary, in consultation with the Councils, shall 
promulgate regulations prescribing the method of determining under this 
paragraph the ex-vessel value of fish authorized under a quota share, 
the amount of fees, and the method of collecting fees.
    ``(D) Fees collected under subparagraph (B)(ii) from holders of 
quota shares in a fishery shall be an offsetting collection and shall 
be available to the Secretary only for the purposes of administering 
and implementing this Act with respect to that fishery.
    ``(E) In addition to the other requirements of this Act, the 
Secretary may not approve a fishery management plan that establishes a 
limited access system that provides for the allocation of fishing 
quotas (in this subsection referred to as a `fishing quota system') 
unless the plan complies with section 303(d). Not later than 1 year 
after receipt of recommendations from the review panel established 
under section 303(d)(6), the Secretary shall issue regulations that 
establish requirements for establishing a fishing quota system. The 
regulations shall be developed in accordance with the recommendations 
of the review panel. The regulations shall--
            ``(i) specify factors that shall be considered by a Council 
        in determining whether a fishery should be managed under a 
        fishing quota system;
            ``(ii) ensure that any fishing quota system is consistent 
        with the requirements of section 303(d), and require the 
        collection of fees in accordance with paragraph (1);
            ``(iii) provide for appropriate penalties for violations of 
        regulations governing fishing quota systems, including the 
        revocation of quota shares for such violations; and
            ``(iv) establish a central lien registry system for the 
        identification, perfection, and determination of lien 
        priorities, and nonjudicial foreclosure of encumbrances, on 
        fishing quotas.''.
    (b) Conforming Amendments.--
            (1) Quota share.--The following provisions are each amended 
        by striking ``individual fishing quota'' each place it appears 
        and inserting ``quota share'':
                    (A) Subsection (d)(7) of section 303 (16 U.S.C. 
                1853), as redesignated by section 241(2)(B) of this 
                Act.
                    (B) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
                    (C) Section 402(b)(1)(D) (16 U.S.C. 
                1881a(b)(1)(D)).
                    (D) Subsections (a)(1)(D), (c)(1), and (c)(2)(B) of 
                section 407 (16 U.S.C. 1883).
            (2) Limited access system permits.--Section 305(h)(1) (16 
        U.S.C. 1855(h)(1)) is amended by striking ``individual''.

              Subtitle E--Fisheries Science and Management

SEC. 351. SHORT TITLE.

     This subtitle may be cited as the ``Fisheries Science and 
Management Enhancement Act of 2005''.

SEC. 352. REGIONAL FISHERY MANAGEMENT COUNCIL COMMITTEES AND PANELS.

    (a) Science and Statistical Committees.--Section 302(g)(1) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1852(g)(1)) is amended to read as follows:
            ``(1) Science and statistical committees.--
                    ``(A) Requirement to establish.--Each Council shall 
                establish and maintain a science and statistical 
                committee to assist the Council in the development, 
                collection, and evaluation of such statistical, 
                biological, economic, social, and other scientific 
                information as is relevant to the Council's development 
                and amendment of any fishery management plan. The 
                members of the science and statistical committee shall 
                consist of qualified Federal, State, academic, or 
                independent scientists, and shall be appointed and paid 
                a stipend by the Administrator of the National Oceanic 
                and Atmospheric Administration.
                    ``(B) Establishment of fishery and marine science 
                subcommittee.--Each science and statistical committee 
                established by a Council under this paragraph shall 
                include a fishery and marine science subcommittee 
                that--
                            ``(i) is composed of members of the science 
                        and statistical committee who have demonstrated 
                        scientific expertise in fishery biological 
                        science or marine ecology; and
                            ``(ii) includes balanced representation of 
                        both such disciplines on the subcommittee.
                    ``(C) Functions of fishery and marine science 
                subcommittee.--In the development by a Council of any 
                fishery management plan or amendment to a fishery 
                management plan, and in the taking by a Council of any 
                other action that prescribes an authorized fishing 
                mortality level or rate, the fishery and marine science 
                subcommittee of the Council shall--
                            ``(i) based on the best scientific 
                        information available, determine for the 
                        Council--
                                    ``(I) biological catch (including 
                                bycatch) limits, including annual 
                                limits, that will prevent overfishing, 
                                rebuild overfished stocks, achieve, on 
                                a continuing basis, the optimum yield 
                                for such fishery, and that consider 
                                predator-prey relationships and other 
                                ecological factors;
                                    ``(II) specific habitat types and 
                                areas in need of protection from the 
                                adverse effects of fishing identified 
                                pursuant to section 303(a)(7); and
                                    ``(III) any additional protections 
                                required for species under the 
                                Council's jurisdiction that are listed 
                                as threatened species or endangered 
                                under section 4 of the Endangered 
                                Species Act of 1973 (16 U.S.C. 1533);
                            ``(ii) allow an opportunity for public 
                        input on the development of the subcommittee's 
                        determinations and create a public record of 
                        such input and the subcommittee's response to 
                        such input;
                            ``(iii) publish its determinations in the 
                        Federal Register; and
                            ``(iv) review all conservation and 
                        management measures developed by the Council to 
                        determine whether such measures are at least as 
                        stringent as the subcommittee's determinations 
                        made under clause (i).
                    ``(D) Recommendations.--Each fishery and marine 
                science subcommittee may recommend to the associated 
                Council conservation and management measures that are 
                based on and consistent with the determinations made by 
                the subcommittee under subparagraph (C)(i).''.
    (b) Effect of Decisions and Recommendations.--Section 302(g)(5) of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1852(g)(5)) is amended by inserting ``, except decisions and 
recommendations made by the fisheries and marine science subcommittees 
of the science and statistical committees pursuant to paragraph 
(1)(C)(i),'' after ``under this subsection''.
    (c) Effect of Decisions and Recommendations.--Section 302(g) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1852(g)) is amended by adding at the end the following:
            ``(6) For the purposes of this subsection, the term 
        `qualified Federal, State, academic, or independent scientists' 
        means individuals who--
                    ``(A) through publication of peer-reviewed 
                scientific literature and academic training, have--
                            ``(i) demonstrated scientific expertise in 
                        fisheries science or marine ecology; or
                            ``(ii) demonstrated expertise in economics 
                        or social science as it relates to fisheries 
                        management; and
                    ``(B) have no direct financial interest, or are not 
                employed by any person with a direct financial 
                interest, in any fishery.''.
    (d) Disclosure of Financial Interest and Recusal.--Section 302(j) 
of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1852(j)) is amended by striking paragraphs (6) and (7) and 
inserting the following:
            ``(6) Prohibition on voting.--
                    ``(A) Prohibition.--An affected individual shall 
                not vote on a Council decision that would have an 
                effect on a financial interest that the individual is 
                required to disclose under paragraph (2).
                    ``(B) Determination of effect on financial 
                interest.--At the request of an affected individual or 
                a member of the public, or upon the initiative of the 
                appropriate designated official, the designated 
                official shall make a determination for the record 
                whether a Council decision would have an effect on the 
                financial interest of an affected individual referred 
                to in subparagraph (A).
                    ``(C) Review of determination.--Any Council member 
                or member of the public may submit a written request to 
                the Administrator of the National Oceanic and 
                Atmospheric Administration to review any determination 
                by the designated official under subparagraph (B), 
                within 10 days after such determination. Such review 
                shall be completed within 30 days after receipt of the 
                request.
                    ``(D) Treatment of decision made pending review.--
                If the Council makes a decision before the 
                Administrator has completed a review under subparagraph 
                (C), the eventual ruling by the Administrator in the 
                review shall be treated as a cause for invalidation or 
                reconsideration by the Administrator of such decision, 
                if the Administrator determines that the Council 
                decision had an effect on the financial interest of an 
                affected individual and the affected individual's vote 
                decided the Council action.
                    ``(E) Rulemaking.--The Administrator, in 
                consultation with the Councils and by not later than 1 
                year after the date of enactment of the Fisheries 
                Science and Management Enhancement Act of 2005, shall 
                promulgate regulations that--
                            ``(i) prohibit an affected individual from 
                        voting in accordance with subparagraph (A); and
                            ``(ii) allow for the making of 
                        determinations under subparagraphs (B) and (C).
            ``(7) Relationship to other law.--Section 208 of title 18, 
        United States Code, does not apply to an affected individual 
        referred to in paragraph (1)(A)(ii) during any time during 
        which the individual is in compliance with the regulations 
        prescribed under paragraph (5).''.

SEC. 353. REQUIRED PROVISIONS IN FISHERY MANAGEMENT PLANS.

     Section 303(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1853(a)) is amended--
            (1) in paragraph (1)(A) by inserting ``and the associated 
        ecosystem'' before the semicolon at the end;
            (2) in paragraph (1) by striking ``and'' after the 
        semicolon at the end of subparagraph (B), by adding ``and'' 
        after the semicolon at the end of subparagraph (C), and by 
        adding at the end the following:
                    ``(D) in the case of a plan developed by a Council, 
                at least as stringent as (or more stringent than) the 
                matters determined under section 302(g)(1)(C)(i) by the 
                fishery and marine science subcommittee of the 
                Council;''; and
            (3) by amending paragraph (14) to read as follows:
            ``(14) allocate any quotas or other conservation and 
        management measures fairly and equitably among the commercial, 
        recreational, and charter fishing sectors in the fishery, and 
        allow individual sectors of the fishery to develop allocation 
        plans that are subject to the approval of the Council.''.

SEC. 354. PEER REVIEW.

    Section 304 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1854) is amended by adding at the end the 
following:
    ``(i) Peer Review.--
            ``(1) Review requirements.--The Administrator of the 
        National Oceanic and Atomospheric Administration, using 
        qualified independent scientists, shall--
                    ``(A) periodically conduct peer reviews of 
                determinations made under section 302(g)(1)(C)(i) by 
                each fishery and marine science subcommittee of a 
                Council's science and statistical committee; and
                    ``(B) upon request by a Council, conduct a peer 
                review of a determination made under section 
                302(g)(1)(C)(i) by a fishery and marine science 
                subcommittee of the Council's science and statistical 
                committee.
            ``(2) Implementation of determination not affected.--
        Paragraph (1)(B), and any request for review under that 
        paragraph, shall not affect any requirement that a Council 
        implement a determination that is the subject of such a 
        request.''.

SEC. 355. COOPERATIVE RESEARCH, DATA COLLECTION, AND GEAR MODIFICATION 
              PROGRAM.

    Section 305 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1855) is amended by adding at the end the 
following:
    ``(j) Cooperative Research, Data Collection, and Gear Modification 
Program.--In cooperation with the Councils, the fishing industry, the 
conservation community, and interested academics, the Administrator of 
the National Oceanic and Atmospheric Administration shall carry out a 
cooperative research, data collection, and gear modification program 
to--
            ``(1) conduct conservation engineering projects designed to 
        avoid bycatch, minimize the mortality of unavoidable bycatch, 
        or minimize fishery impacts on essential fish habitat through 
        modifications of fishing gear and practices;
            ``(2) identify ecosystem effects of fishing, to monitor 
        marine ecosystem trends and dynamics;
            ``(3) collect information on the status of stocks of fish 
        and the life history of managed species of fish;
            ``(4) provide financial assistance to fishermen to offset 
        the costs of modifying fishing practices and gear to meet the 
        requirements of this Act;
            ``(5) provide financial assistance to States for programs 
        to improve recreational fishing data; and
            ``(6) provide financial or other incentives for fishermen 
        to develop and utilize fishing gear and practices that avoid 
        bycatch, the mortality of unavoidable bycatch, and adverse 
        impacts on essential fish habitat.''.

SEC. 356. AMENDMENTS TO SALTONSTALL-KENNEDY ACT.

    (a) Use of Transferred Amounts.--Section 2(b) of the Act of August 
11, 1939 (15 U.S.C. 713c-3(b)), popularly known as the Saltonstall-
Kennedy Act, is amended to read as follows:
    ``(b) Transfer of Funds.--The Secretary of Agriculture shall 
transfer to the Administrator of the National Oceanic and Atmospheric 
Administration each fiscal year from moneys made available to carry out 
the provisions of section 32 of such Act of August 24, 1935, an amount 
equal to 30 percent of the gross receipts from duties collected under 
the customs laws on fishery products (including fish, shellfish, 
mollusks, crustacea, aquatic plants and animals, and any products 
thereof, including processed and manufactured products), which shall be 
maintained in a separate fund only for use by the Administrator--
            ``(1) to provide financial assistance for the purpose of 
        carrying out fisheries research and development projects 
        approved under subsection (c);
            ``(2) to implement the national fisheries research and 
        development program provided for under subsection (d);
            ``(3) to implement the Northwest Atlantic Ocean Fisheries 
        Reinvestment Program established under section 314 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1863);
            ``(4) to fund the Federal share of a fishing capacity 
        reduction program established under section 312 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1861a); and
            ``(5) to implement section 305(j) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1855(j)).''.
    (b) Allocation of Fund Moneys.--Section 2(e)(1) of such Act (15 
U.S.C. 713c-3(e)) is amended--
            (1) in the first sentence by inserting ``and such other 
        purposes as are authorized by this Act'' after ``provisions of 
        this section'';
            (2) by inserting after the first sentence the following:
``Amounts available for allocation under this subsection shall be in 
addition to amounts appropriated for National Marine Fisheries Service 
operations.'';
            (3) in paragraph (1)(A) by striking ``no less than 60 per 
        centum $5,000,000 of such moneys'' and inserting 
        ``$5,000,000''; and
            (4) by amending paragraph (1)(B) to read as follows:
                    ``(B) The Administrator of the National Oceanic and 
                Atmospheric Administration shall use the balance of the 
                moneys in the fund to finance activities carried out 
                under section 305(k) of the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1855(k)).''.

                        TITLE IV--MARINE MAMMALS

SEC. 401. EMERGING THREATS TO MARINE MAMMALS.

    (a) In General.--The Chairman of the Marine Mammal Commission 
shall, after consultation with interested parties and by not later than 
January 1, 2007, transmit to the Administrator, the Secretary of the 
Interior, the Committee on Commerce, Science, and Transportation of the 
Senate, and the Committee on Resources of the House of Representatives, 
and make available to the public, a report on emerging threats to 
marine mammals. The report shall be developed by the Commission and its 
Committee of Scientific Advisers on Marine Mammals in consultation with 
individuals with knowledge and experience in marine mammal biology, 
ecology, physiology, atmospheric science, chemical and physical 
oceanography, bio- and ocean acoustics, and marine conservation.
    (b) Content.--The report shall--
            (1) identify and assess the magnitude of emerging and 
        existing threats to marine mammal population stocks;
            (2) evaluate the health of marine mammal population stock 
        in the wild, and correlate that information with data on 
        ecosystem health, food supply, predator and prey relationships, 
        and other relevant physical, chemical, and biological 
        environmental parameters;
            (3) identify data gaps in distribution, status of 
        population stocks, and threats to population stocks and provide 
        a research plan to fill such gaps; and
            (4) provide recommendations for regulations or statutory 
        changes to the Marine Mammal Protection Act of 1972 to mitigate 
        such threats.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Marine Mammal Commission to carry out this section 
$2,500,000 for fiscal years 2006 and 2007.

SEC. 402. NATIONAL OCEAN NOISE POLLUTION RESEARCH FUND.

    Section 4 of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3703) is amended by adding at the end the 
following:
    ``(j)(1) In carrying out the purposes under section 2(b), the 
Foundation shall establish a national ocean noise pollution research 
endowment fund (referred to in this subsection as the `endowment fund') 
to be used by the Foundation to support research and management 
programs that contribute to the understanding, evaluation, mitigation, 
or management of the effects of ocean noise on marine species, 
including marine mammals and fish.
    ``(2)(A) In a manner consistent with subsection (c)(1), the 
Foundation may--
            ``(i) accept, receive, solicit, hold, administer, and use 
        any gift, devise, or bequest made to the Foundation for the 
        express purpose of supporting the endowment fund; and
            ``(ii) deposit in the endowment fund any funds made 
        available to the Foundation under this subparagraph, including 
        any income or interest earned from a gift, devise, or bequest 
        received by the Foundation under this subparagraph.
    ``(B) To raise funds to be deposited in the endowment fund, the 
Foundation may enter into appropriate arrangements to provide for the 
design, copyright, production, marketing, or licensing of logos, seals, 
decals, stamps, or any other item that the Foundation determines to be 
appropriate.
    ``(C)(i) There is authorized to be appropriated for purposes of 
transfer to the endowment fund and in addition to any other authorized 
funds, $3,000,000 for each of the fiscal years 2006 through 2010. The 
Secretary shall transfer to the Foundation for deposit in this 
endowment fund all funds authorized to be appropriated to it by 
Congress for this purpose. Notwithstanding any other provision of this 
chapter, the funds hereby authorized shall be provided to, and may be 
used by, the Foundation without regard to the availability of matching 
contributions made by private persons and State and local government 
agencies.
    ``(ii) Of the funds authorized to be appropriated under clause (i), 
2.5 percent of the amount authorized to be appropriated for fiscal year 
2006 and 1 percent of the amount authorized for subsequent fiscal years 
may be used by the Foundation for the administration of the endowment 
fund.
    ``(3)(A) The Foundation shall form, within 90 days of the 
establishment of the endowment fund, a council of advisors for the 
administration of the endowment fund. Such council shall consist of 
persons knowledgeable in the science and policy of marine acoustic 
pollution and shall include among its members--
            ``(i) 1 representative appointed by the Secretary;
            ``(ii) 1 representative appointed by the Marine Mammal 
        Commission; and
            ``(iii) representatives from nongovernmental conservation 
        or wildlife protection organizations and from the scientific 
        community.
    ``(B) The council established under subparagraph (A) shall identify 
funding priorities, review and select proposals, and evaluate projects 
that are supported by the endowment fund.
    ``(C) It is the intent of Congress that in making expenditures from 
the endowment fund to carry out activities specified in paragraph (1), 
the Foundation should give priority to funding projects on marine noise 
pollution that the council of advisors determines will address--
            ``(i) subtle changes in marine mammal behavior, such as 
        those related to masking, caused by anthropogenic sounds;
            ``(ii) the development of noise-induced stress indicators 
        in marine mammals, fisheries, and other marine life;
            ``(iii) causal mechanisms for mass strandings and observed 
        traumas of beaked whales and other cetaceans;
            ``(iv) the development of models to predict population-
        level consequences of anthropogenic sounds, or of integrated 
        models to assess noise effects on hearing and behavior;
            ``(v) the development of a global ocean noise budget;
            ``(vi) the development of methods for siting noise-
        generating activities with the purpose of reducing impacts on 
        the marine environment;
            ``(vii) the development of alternative technologies or 
        control technologies that would reduce the impact of noise-
        generating activities;
            ``(viii) the development of alternative technologies that 
        would reduce the level of sound produced by noise-generating 
        activities; or
            ``(ix) any other matters that are important to the 
        understanding, evaluation, mitigation, or management of the 
        effects of ocean noise on marine life.''.

SEC. 403. TAKE REDUCTION PLANS.

    Section 115(b)(4) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1383b(b)(4)) is amended to read as follows:
    ``(4) If the Secretary determines that a take reduction plan is 
necessary to reduce the taking of marine mammals incidental to engaging 
in a listed fishery from a strategic stock, or for species or stocks 
that interact with a fishery for which the Secretary has made a 
determination under section 118(f)(1), any conservation plan prepared 
under this subsection for such species or stock shall incorporate the 
take reduction plan required under section 118 for such species or 
stock.''.

SEC. 404. FISHERIES GEAR DEVELOPMENT TO REDUCE BYCATCH.

    Section 111 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1381) is amended as follows:
            (1) Subsection (a) is amended to read as follows:
    ``(a) Research and Development Program.--
            ``(1) In general.--The Secretary of Commerce (in this 
        section referred to as the `Secretary') shall--
                    ``(A) carry out a program of research and 
                development for the purpose of devising improved 
                fishing methods and gear so as to reduce to the maximum 
                extent practicable the incidental taking of marine 
                mammals in connection with fishing operations; and
                    ``(B) make every practicable effort to develop, 
                evaluate, and make available to owners and operators of 
                fishing vessels such gear and fishing method 
                improvements as quickly as possible.
            ``(2) Fishing gear buy-back program.--Subject to the 
        availability of appropriations, the Secretary may establish a 
        voluntary fishing gear buy-back program, if such action is 
        specifically provided for in a take reduction plan adopted 
        pursuant to section 118(f) or in regulations promulgated 
        pursuant to section 118 (f) or (g).
            ``(3) Coordination with other countries.--The Secretary may 
        coordinate with other countries to foster gear technology 
        transfer initiatives to reduce to the maximum extent 
        practicable the incidental mortality and serious injury of 
        marine mammals throughout the full extent of their range.''.
            (2) By adding at the end the following:
    ``(e) Gear Research Mini-Grant Program.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary may establish a grant program to 
        provide financial assistance for developing, manufacturing, 
        testing, or designing new types of fishing gear designed to 
        eliminate or reduce to the maximum extent practicable the 
        incidental taking (including incidental mortality and serious 
        injury) of marine mammals.
            ``(2) Grant amount and purposes.--The amount of a grant 
        under this subsection may not exceed $20,000.
            ``(3) Grant applications.--To receive a grant under this 
        section, an applicant must submit an application in such form 
        and manner as the Secretary may prescribe.
            ``(4) Consultation regarding criteria.--The Secretary shall 
        consult with Marine Mammal Commission and other pertinent 
        Federal agencies regarding the development of criteria for the 
        awarding of grants under this subsection.
            ``(5) Administrative costs.--Of amounts available each 
        fiscal year to carry out this subsection, the Secretary may 
        expend not more than $40,000 to pay the administrative expenses 
        necessary to carry out this subsection.''.

SEC. 405. CLARIFICATION AND EXPANSION OF FISHERIES REQUIRED TO 
              PARTICIPATE IN THE INCIDENTAL TAKE PROGRAM TO BETTER 
              ADDRESS MARINE MAMMAL BYCATCH ASSOCIATED WITH FISHING.

    (a) Listed Fishery Defined.--Section 3 of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1362) is amended by adding at the end 
the following:
            ``(30) The term `listed fishery' means a fishery included 
        on the list of fisheries published pursuant to section 
        118(c)(1).''.
    (b) Other Clarifications.--Section 118 of such Act (16 U.S.C. 1387) 
is amended--
            (1) in subsection (a)(1) by striking ``commercial fishing 
        operations'' and inserting ``engaging in a listed fishery'';
            (2) in subsection (c)(1) by striking ``, within 90 days 
        after the date of enactment of this section'';
            (3) in subsection (c)(1)(A)--
                    (A) by striking ``commercial'' the first place it 
                appears; and
                    (B) by striking ``commercial fisheries that have'';
            (4) in subsection (c)(1)(A)(i) by inserting ``fisheries 
        that have'' before ``frequent incidental mortality'';
            (5) in subsection (c)(1)(A)(ii) by inserting ``fisheries 
        that have'' before ``occasional incidental mortality'';
            (6) in subsection (c)(1)(A)(iii) by inserting ``commercial 
        fisheries that have'' before ``a remote likelihood'';
            (7) in subsection (c)(2)(A) by striking ``commercial''; and
            (8) in subsection (e)--
                    (A) by striking ``commercial'' each place it 
                appears; and
                    (B) by striking ``Act'' and inserting ``section''.

SEC. 406. CONFORMING AMENDMENTS TO INCIDENTAL TAKE PROGRAM.

    (a) Moratorium Exceptions.--Section 101 of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1371) is amended--
            (1) in subsection (a)(2) by striking ``commercial'' after 
        ``permitted in the course of'';
            (2) in subsection (a)(5)(A) by striking ``commercial 
        fishing'' and inserting ``engaging in a listed fishery'';
            (3) in subsection (a)(5)(D)(i) by striking ``commercial 
        fishing'' and inserting ``engaging in a listed fishery'';
            (4) in subsection (a)(5)(E)(i) by striking ``commercial 
        fishing operations'' and inserting ``a listed fishery'';
            (5) in subsection (a)(5)(E)(i)(I) by striking 
        ``commercial'' and inserting ``such''; and
            (6) in subsection (a)(5)(E)(iii)--
                    (A) by striking the word ``commercial'' each place 
                it appears; and
                    (B) by inserting ``those'' after ``serious injury 
                from''.
    (b) Prohibitions.--Section 102(a)(5) of such Act (16 U.S.C. 
1372(a)(5)) is amended by striking ``commercial''.
    (c) Permits.--Section 104(a) of such Act (16 U.S.C. 1374(a)) is 
amended by striking ``commercial''.
    (d) Federal Cooperation With States.--Section 109(b)(3)(B)(i) of 
such Act (16 U.S.C. 1379(b)(3)(B)(i)) is amended--
            (1) by striking ``commercial''; and
            (2) by striking ``(4)'' and inserting ``or section 118''.
    (e) Gear Development.--Section 111 of such Act (16 U.S.C. 1381) is 
further amended--
            (1) by striking the section heading and inserting the 
        following: ``fisheries gear development''; and
            (2) in subsection (d)--
                    (A) by striking ``commercial''; and
                    (B) by striking ``documented under the laws of the 
                United States'' and inserting ``engaged in a listed 
                fishery''.

SEC. 407. AUTHORIZATIONS FOR POPULATION STOCK ASSESSMENTS AND OBSERVER 
              PROGRAMS.

    (a) Population Stock Assessment.--There are authorized to be 
appropriated a total of $25,000,000, or $5,000,000 per region for each 
of the fiscal years 2006, 2007, 2008, 2009, and 2010, for purposes of 
collecting data of sufficient quality and quantity to permit a reliable 
assessment of the status of each population stock pursuant to section 
117 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1386).
    (b) Observer Programs.--There are to be authorized to be 
appropriated a total of $25,000,000, or $5,000,000 per region for each 
of the fiscal years 2006, 2007, 2008, 2009, and 2010, for purposes of 
providing greater marine mammal observer coverage levels for fisheries 
listed under section 118(c)(1)(A) of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1387(c)(1)(A)).

          TITLE V--COASTAL HABITAT PROTECTION AND RESTORATION

           Subtitle A--Coastal and Estuarine Land Protection

SEC. 501. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND PROTECTION 
              PROGRAM.

    (a) In General.--The Administrator shall establish a Coastal and 
Estuarine Land Protection Program, in cooperation with appropriate 
State, regional, local, and other units of government for the purposes 
of protecting the environmental integrity of important coastal and 
estuarine areas, including wetlands and forests, that have significant 
conservation, recreation, ecological, historical, or aesthetic values, 
and that are threatened by conversion from their natural, undeveloped, 
or recreational state to other uses. The program shall be administered 
by the National Ocean Service of NOAA through the Office of Ocean and 
Coastal Resource Management.
    (b) Property Acquisition Grants.--The Administrator shall make 
grants under the program to coastal States, except coastal States that 
have lost less than 1 percent of their wetlands to development or 
conversion to other land uses prior to the date of enactment of this 
Act, with approved coastal zone management plans or National Estuarine 
Research Reserve units for the purpose of acquiring property or 
interests in property described in subsection (a) that will further the 
goals of--
            (1) a Coastal Zone Management Plan or Program approved 
        under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
        et seq.);
            (2) a National Estuarine Research Reserve management plan; 
        or
            (3) a regional or State watershed protection plan involving 
        coastal States with approved coastal zone management plans.
    (c) Grant Process.--The Administrator shall allocate funds to 
coastal States or National Estuarine Research Reserves under this 
section through a competitive grant process in accordance with 
guidelines that meet the following requirements:
            (1) The Administrator shall consult with the State's 
        coastal zone management program, any National Estuarine 
        Research Reserve in that State, and the lead agency designated 
        by the Governor for coordinating the establishment and 
        implementation of this Act (if different from the coastal zone 
        management program).
            (2) Each participating State shall identify priority 
        conservation needs within the State, the values to be protected 
        by inclusion of lands of the program, and the threats to those 
        values that should be avoided.
            (3) Each participating State shall evaluate how the 
        acquisition of property or easements might impact waterfront 
        working needs.
            (4) The applicant shall identify the values to be protected 
        by inclusion of the lands in the program, management activities 
        that are planned and the manner in which they may affect the 
        values identified, and any other information from the landowner 
        relevant to administration and management of the land.
            (5) Awards shall be based on demonstrated need for 
        protection and ability to successfully leverage funds among 
        participating entities, including Federal programs, regional 
        organizations, State and other governmental units, landowners, 
        corporations, or private organizations.
            (6) Applications must be determined to be consistent with 
        the State's or territory's approved coastal zone plan, program 
        and policies prior to submittal to the Administrator.
            (7) Priority shall be given to lands described in 
        subsection (a) that can be effectively managed and protected 
        and that have significant ecological or watershed protection 
        value, including lands within the Coastal Barrier Resources 
        System that may be available for acquisition.
            (8) In developing guidelines under this section, the 
        Secretary shall consult with other Federal agencies and non-
        governmental entities expert in land acquisition and 
        conservation procedures.
            (9) Eligible States or National Estuarine Research Reserves 
        may allocate grants to local governments or agencies eligible 
        for assistance under section 306A(e) of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1455a(e)) and may acquire 
        lands in cooperation with nongovernmental entities and Federal 
        agencies.
            (10) The Administrator shall develop performance measures 
        that will allow periodic evaluation of the program's 
        effectiveness in meeting the purposes of this section and such 
        evaluation shall be reported to Congress.
    (d) Matching Requirements.--
            (1) In general.--The Administrator may not make a grant 
        under the program unless the Federal funds are matched by non-
        Federal funds in accordance with this subsection.
            (2) Maximum federal share.--
                    (A) 75 percent federal funds.--No more than 75 
                percent of the funding for any grant under this section 
                shall be derived from Federal sources, unless such 
                requirement is specifically waived by the 
                Administrator.
                    (B) Waiver of requirement.--The Administrator may 
                grant a waiver of the limitation in subparagraph (A) 
                for underserved communities, communities that have an 
                inability to draw on other sources of funding because 
                of the small population or low income of the community, 
                or for other reasons the Administrator deems 
                appropriate.
            (3) Source of matching cost share.--For purposes of 
        paragraph (2)(A), the non-Federal cost share for a project may 
        be determined by taking into account the following:
                    (A) Land value may be used as non-Federal match if 
                the lands are identified in project plans and acquired 
                within three years prior to the submission of the 
                project application or after the submission of a 
                project application until the project grant is closed 
                (not to exceed 3 years). The appraised value of the 
                land at the time of project closing will be considered 
                the non-Federal cost share.
                    (B) Costs associated with land acquisition, land 
                management planning, remediation, restoration, and 
                enhancement may be used as non-Federal match if the 
                activities are identified in the plan and expenses are 
                incurred within the period of the grant award. These 
                costs may include either case or in-kind contributions.
    (e) Limit on Administrative Costs.--No more than 5 percent of the 
funds made available to the Administrator under this section shall be 
used by the Administrator for planning or administration of the 
program. The Administrator shall provide a report to Congress with an 
account of all expenditures under this section for fiscal year 2006 and 
triennially thereafter.
    (f) Title and Management of Acquired Property.--
            (1) In general.--If any property is acquired in whole or in 
        part with funds made available through a grant under this 
        section, the grant recipient shall provide such assurances as 
        the Administrator may require that--
                    (A) the title to the property will be held by the 
                grant recipient or other appropriate public agency 
                designated by the recipient in perpetuity; and
                    (B) the property will be managed in a manner that 
                is consistent with the purposes for which the land 
                entered into the program and shall not convert such 
                property to other uses.
            (2) Conservation easement.--In this subsection, the term 
        ``conservation easement'' includes an easement, recorded deed, 
        or interest deed where the grantee acquires all rights, title, 
        and interest in a property, that do not conflict with the goals 
        of this Act except those rights, title, and interests that may 
        run with the land that are expressly reserved by a grantor and 
        are agreed to at the time of purchase.
    (g) Definitions.--In this section, the term ``coastal State'' has 
the meaning given that term by section 304(4) of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1453(4)), and any other term used in 
this section that is defined in section 304 of that Act has the meaning 
given that term in that section.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator $500,000,000 for each of the fiscal 
years 2006 through 2010 to carry out this section.

SEC. 502. ASSISTANCE FROM OTHER AGENCIES.

    Section 310(a) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1456c(a)) is amended by striking ``any qualified person for the 
purposes of carrying out this subsection.'' and inserting ``any other 
Federal agencies (including interagency financing of Coastal America 
activities) and any other qualified person for the purposes of carrying 
out this section.''.

              Subtitle B--Coastal Barrier Resources System

SEC. 511. PACIFIC COASTAL BARRIERS.

    Not later than 3 years after the date of the enactment of this Act, 
the Secretary of the Interior shall--
            (1) reexamine the matters relating to undeveloped coastal 
        barriers that were required to be examined under section 6(1) 
        of the Coastal Barrier Improvement Act of 1990 (Public Law 101-
        591; 104 Stat. 2936; 16 U.S.C. 3503 note) including a revised 
        definition of the term ``coastal barrier'' to take into account 
        the unique topography and geography of the Pacific coast and 
        the land formations that function as coastal barriers;
            (2) prepare or update maps identifying the boundaries of 
        those undeveloped coastal barriers in light of the results of 
        the reexamination carried out under paragraph (1); and
            (3) submit such maps to Congress.

Subtitle C--Community-Based Restoration Program for Fishery and Coastal 
                                Habitats

SEC. 521. ESTABLISHMENT, PURPOSE, AND ACTIVITIES.

    (a) In General.--The Administrator shall establish a Community-
Based Restoration Program.
    (b) Purpose.--The purpose of the Community-Based Restoration 
Program is to implement and support the restoration of fishery and 
coastal habitats.
    (c) Activities.--The Community-Based Restoration Program is 
authorized to carry out activities to fulfill the purpose of the 
Program, including--
            (1) providing funds and technical expertise to assist 
        communities in restoring fishery and coastal habitat;
            (2) advancing the science and monitoring of coastal habitat 
        restoration;
            (3) transferring restoration technologies to the private 
        sector, the public, and government agencies;
            (4) developing partnerships to accomplish sound coastal 
        restoration projects;
            (5) promoting significant community support and volunteer 
        participation;
            (6) promoting stewardship and an abiding conservation 
        ethic; and
            (7) leveraging resources through national, regional, and 
        local partnerships.

SEC. 522. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $50,000,000 for each of the 
fiscal years 2006 through 2010 to carry out this subtitle.

              Subtitle D--National Flood Insurance Program

SEC. 531. PERIODIC UPDATING OF FLOODPLAIN AREAS AND FLOOD RISK ZONES.

    (a) Required Updating Every 5 Years.--Subsection (e) of section 
1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is 
amended--
            (1) by striking ``(e) Review of Flood Maps.--Once'' and 
        inserting the following:
    ``(e) Periodic Update of Flood Maps.--Once'';
            (2) by striking ``assess the need to''; and
            (3) by inserting before the period at the end the 
        following: ``and changes in floodplain contours and resulting 
        risks caused by storm, flooding, erosion, rise in the general 
        level of oceans, and any other different circumstances''.
    (b) Conforming Amendment.--Subsection (f) is amended by striking 
``(f)'' and all that follows through ``(2) upon'' and inserting the 
following:
    ``(f) Requested Updates.--The Director of the Federal Emergency 
Management Agency (referred to in this title as `Director') shall also 
revise and update any floodplain areas and flood risk zones upon''.

SEC. 532. CRITERIA FOR LAND MANAGEMENT AND USE.

    Subsection (c) of section 1361 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4102) is amended to read as follow:
    ``(c)(1) The Director shall develop criteria designed to help 
prevent development and substantial redevelopment in, and the 
relocation of repetitive claims improvements from, the following areas:
            ``(A) Erosion zones in coastal areas.
            ``(B) Coastal habitat areas, including--
                    ``(i) wetlands;
                    ``(ii) estuarine shorelines;
                    ``(iii) any other coastal area that is designated 
                under a Federal Government or State program as 
                protected habitat.
    ``(2) In developing criteria under this subsection, the Director 
shall consult with local government representatives and administrators 
of State coastal zone management programs.
    ``(3) In this subsection:
            ``(A) The term `substantial redevelopment' means any 
        reconstruction of a damaged improvement to real property if the 
        extent of the damage involved exceeds 40 percent of the 
        improvement.
            ``(B) The term `repetitive claims improvement' means any 
        improvement to real property for which more than 3 separate 
        claims for losses are submitted for payment under this Act.''.

SEC. 533. LOSSES FROM EROSION AND UNDERMINING OF SHORELINES.

    (a) Reenactment of Findings and Purposes.--Section 1302 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4001) is amended by 
adding at the end the following new subsection (g):
    ``(g) The Congress also finds that (1) the damage and loss which 
may result from the erosion and undermining of shorelines by waves or 
currents in lakes and other bodies of water exceeding anticipated 
cyclical levels is related in cause and similar in effect to that which 
results directly from storms, deluges, overflowing waters, and other 
forms of flooding, and (2) the problems involved in providing 
protection against this damage and loss, and the possibilities for 
making such protection available through a Federal or federally-
sponsored program, are similar to those which exist in connection with 
efforts to provide protection against damage and loss caused by such 
other forms of flooding. It is therefore the further purpose of this 
title to make available, by means of the methods, procedures, and 
instrumentalities which are otherwise established or available under 
this title for purposes of the flood insurance program, protection 
against damage and loss resulting from the erosion and undermining of 
shorelines by waves or currents in lakes and other bodies of water 
exceeding anticipated cyclical levels.''.
    (b) Delineation of Erosion Zones on Maps.--Subsection (g) of 
section 1360 of such Act (42 U.S.C. 4101) is amended--
            (1) by striking ``(g) Availability of Flood Maps.--To 
        promote'' and inserting the following:
    ``(g) Availability of Flood Maps.--
            ``(1) Requirement for maps.--To promote''; and
            (2) by adding at the end the following new paragraphs:
            ``(2) Delineation of erosion zones.--
                    ``(A) Requirement for delineation.--The maps and 
                other information provided under paragraph (1) shall 
                include a delineation of erosion zones as follows:
                            ``(i) 30-year erosion zones.--Zones in 
                        which land erodes over 30 years at an average 
                        annual rate of erosion sufficient to undermine 
                        physical improvements to the land over such 30-
                        year period.
                            ``(ii) 60-year erosion zones.--Zones in 
                        which land erodes over 60 years at an average 
                        annual rate of erosion sufficient to undermine 
                        physical improvements to the land over such 60-
                        year period.
                    ``(B) Consultation requirement.--In delineating 
                erosion zones for the purposes of this paragraph, the 
                Director shall consult with administrators of State 
                coastal zone management programs and other appropriate 
                officials of State governments, as well as with 
                appropriate officials of the Federal Government.
            ``(3) Relationship to updating requirements.--Subsections 
        (e) and (f) apply to the maps made available under this 
        section.''.
    (c) Ineligibility of Properties in Erosion Zones.--Section 1305 of 
such Act (42 U.S.C. 4012) is amended by adding at the end the following 
new subsection:
    ``(d) Properties in Erosion Zones.--
            ``(1) Ineligibility for insurance coverage.--The following 
        properties in areas delineated under section 1360(g) as erosion 
        zones may not be insurable under this Act:
                    ``(A) New residential construction, including new 
                development and substantial redevelopment, in 30-year 
                erosion zones as so delineated.
                    ``(B) New commercial construction, including new 
                development and substantial redevelopment, in 60-year 
                erosion zones as so delineated.
            ``(2) Substantial redevelopment defined.--In this 
        subsection, the term `substantial redevelopment' means any 
        reconstruction of a damaged improvement to real property if the 
        extent of the damage involved exceeds 40 percent of the 
        improvement.''.

SEC. 534. SPECIAL UPDATES OF MAPS.

    Not later than 3 years after the date of the enactment of this Act, 
the Director shall publish under the National Flood Insurance Program 
updated floodplain maps and flood risk insurance rate maps that 
accurately reflect flood and erosion risks.

                       TITLE VI--OCEAN EDUCATION

SEC. 601. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION NATIONAL 
              OFFICE OF EDUCATION.

    (a) In General.--The Administrator shall conduct, develop, support, 
promote, and coordinate national education activities described in 
section 177 that enhance public awareness and understanding of the 
science, service, and stewardship missions of NOAA. 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 Sanctuaries 
Program, the National Estuarine Research Reserve System, and Coastal 
Zone Management programs. Authorized activities shall include education 
of the general public, teachers, students at all levels, and ocean and 
coastal managers and stakeholders. In carrying out educational 
activities, the Administrator may enter into grants, contracts, 
cooperative agreements, resource sharing agreements, or interagency 
financing with Federal, State, and regional agencies, tribes, 
commercial organizations, educational institutions, nonprofit 
organizations, or other persons.
    (b) Establishment.--The Administrator shall establish a national 
Office of Education to provide interagency and intraagency coordination 
of the education activities of NOAA and to ensure full participation in 
the ocean and coastal education program established under section 177. 
The Office of Education shall promote and provide oversight of agency 
education activities and shall--
            (1) integrate agency science into high-quality educational 
        materials;
            (2) improve access to NOAA educational resources;
            (3) support educator professional development programs to 
        improve understanding and use of agency sciences;
            (4) promote participation in agency-related sciences and 
        careers, particularly by members of underrepresented groups;
            (5) leverage partnerships to enhance formal and informal 
        environmental science education;
            (6) build capability within the agency for educational 
        excellence;
            (7) create and implement effective approaches to 
        disseminate agency products and ocean information to the 
        general public; and
            (8) encourage public involvement in coastal and ocean 
        stewardship.
    (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, and an 
undergraduate scholarship program.

SEC. 602. 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 2010--
                    ``(A) $6,000,000 in increased funding for the 
                educational activities of Sea Grant programs;
                    ``(B) $4,000,000 for competitive grants for 
                projects and research that target national and regional 
                marine and aquatic science literacy;
                    ``(C) $5,000,000 for competitive grants to support 
                educational partnerships under the ocean and coastal 
                education program established under section 177 of the 
                National Oceans Protection Act of 2005 or other 
                appropriate mechanism; and
                    ``(D) $10,000,000 for graduate fellowships and 
                competitive distinguished professorships in marine 
                science.''.

SEC. 603. NATIONAL OCEAN AWARENESS MEDIA CAMPAIGN.

    (a) In General.--The Administrator shall conduct a national media 
campaign in accordance with this section for the purpose of increasing 
public awareness and interest in the oceans, through mass media 
advertising.
    (b) Coordination With State, Regional, and Local Efforts.--To the 
extent practicable, the campaign shall coordinate with existing State, 
regional, and local education efforts.
    (c) Use of Funds.--
            (1) In general.--Amounts made available to carry out this 
        section for the media campaign may only be used for the 
        following:
                    (A) The purchase of media time and space.
                    (B) Creative and talent costs.
                    (C) Advertising production costs.
                    (D) Testing and evaluation of advertising.
                    (E) Evaluation of the effectiveness of the media 
                campaign.
                    (F) The negotiated fees for the winning bidder on 
                requests for proposals issued either by the 
                Administrator or a designee for purposes otherwise 
                authorized in this section.
                    (G) Partnerships with community, civic, and 
                professional groups and government organizations 
                related to the media campaign.
                    (H) Entertainment industry outreach, interactive 
                outreach, media projects and activities, public 
                information, news media outreach, and corporate 
                sponsorship and participation.
                    (I) Operational and management expenses.
            (2) Specific requirements.--
                    (A) Creative services.--In using amounts for 
                creative and talent costs under paragraph (1)(B), the 
                Administrator shall use creative services donated at no 
                cost to the Government wherever feasible and may only 
                procure creative services for advertising--
                            (i) responding to high-priority or emergent 
                        campaign needs that cannot timely be obtained 
                        at no cost; or
                            (ii) intended to reach a minority, ethnic, 
                        or other special audience that cannot 
                        reasonably be obtained at no cost.
                    (B) Testing and evaluation of advertising.--In 
                using amounts for testing and evaluation of advertising 
                under paragraph (1)(D), the Administrator shall test 
                all advertisements prior to use in the media campaign 
                to ensure that the advertisements are effective and 
                meet industry-accepted standards. The Administrator may 
                waive this requirement for advertisements using no more 
                than 10 percent of the purchase of advertising time 
                purchased under this section in an fiscal year and no 
                more than 10 percent of the advertising space purchased 
                under this section in a fiscal year, if the 
                advertisements respond to emergent and time-sensitive 
                campaign needs or the advertisements will not be widely 
                utilized in the media campaign.
                    (C) Evaluation of effectiveness of media 
                campaign.--In using amounts for the evaluation of the 
                effectiveness of the media campaign under paragraph 
                (1)(E), the Administrator shall--
                            (i) designate an independent entity to 
                        evaluate annually the effectiveness of the 
                        national media campaign based on data from--
                                    (I) public feedback; and
                                    (II) other relevant studies or 
                                publications, as determined by the 
                                Administrator, including tracking and 
                                evaluation data collected according to 
                                marketing and advertising industry 
                                standards; and
                            (ii) ensure that the effectiveness of the 
                        media campaign is evaluated in a manner that 
                        enables consideration of whether the media 
                        campaign has contributed to increasing the 
                        ocean literacy of the public and such other 
                        measures of evaluation as the Director 
                        determines are appropriate.
            (3) Purchase of advertising time and space.--For each 
        fiscal year, not less than 77 percent of the amounts 
        appropriated under this section shall be used for the purchase 
        of advertising time and space for the media campaign.
    (d) Advertising.--In carrying out this section, the Administrator 
shall devote sufficient funds to the advertising portion of the 
national media campaign to meet the goals of the campaign.
    (e) Prohibitions.--None of the amounts made available under 
subsection (c) may be obligated or expended for any of the following:
            (1) To supplant current oceans community-based coalitions.
            (2) To supplant pro bono public service time donated by 
        national and local broadcasting networks for other public 
        service campaigns.
            (3) For partisan political purposes, or express advocacy in 
        support of or to defeat any clearly identified candidate, 
        clearly identified ballot initiative, or clearly identified 
        legislative or regulatory proposal.
            (4) To fund advertising that features any elected 
        officials, persons seeking elected office, cabinet level 
        officials, or other Federal officials employed pursuant to 
        section 213 of schedule C of title 5, Code of Federal 
        Regulations.
            (5) To fund advertising that does not contain a primary 
        message intended to increase awareness and promote the 
        protection, maintenance, and restoration of marine ecosystem 
        health.
            (6) To fund advertising containing a primary message 
        intended to promote support for the media campaign or private 
        sector contributions to the media campaign.
    (f) Financial and Performance Accountability.--The Administrator 
shall cause to be performed--
            (1) audits and reviews of costs of the media campaign 
        pursuant to section 304C of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 254d); and
            (2) an audit of the cost of the media campaign described in 
        section 306 of such Act (41 U.S.C. 256).
    (g) Strategic Advisor.--
            (1) In general.--The Administrator shall select a primary 
        outside strategic advisor for the media campaign to be 
        responsible for coordinating donations of creative and other 
        services to the campaign, except with respect to advertising 
        created using funds permitted in subsection (c).
            (2) Selection.--The Administrator shall select the 
        strategic advisor based solely on merit and the demonstrated 
        success and experience of the candidates. The Administrator may 
        consider the National Marine Sanctuaries Foundation, the 
        National Fish and Wildlife Foundation, or any other entity for 
        the strategic advisor.
            (3) Role of strategic advisor.--The Administrator shall 
        inform the advisor of the strategic goals of the campaign and 
        consider such advice of the selected advisor on media campaign 
        strategy.
    (h) Report to Congress.--The Administrator shall submit on an 
annual basis a report to Congress that describes--
            (1) the strategy of the media campaign and whether specific 
        objectives of the media campaign were accomplished;
            (2) steps taken to ensure that the media campaign operates 
        in an effective and efficient manner consistent with the 
        overall strategy and focus of the media campaign;
            (3) plans to purchase advertising time and space;
            (4) policies and practices implemented to ensure that 
        Federal funds are used responsibly to purchase advertising time 
        and space and eliminate the potential for waste, fraud, and 
        abuse; and
            (5) all contracts entered into with a corporation, 
        partnership, or individual working on behalf of the media 
        campaign.
    (i) Local Target Requirement.--The Administrator shall, to the 
maximum extent feasible, use amounts made available under this section 
for media that focuses on, or includes specific information on, 
prevention or treatment resources for consumers within specific local 
areas.

SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Oceanic and Atmospheric Administration.--
            (1) Office of education.--In addition to the amounts 
        authorized under subsections (a) and (b) and under the National 
        Sea Grant College Program Act, there are authorized to be 
        appropriated to the Administrator $25,000,000 for each of the 
        fiscal years 2006 through 2010 for educational activities under 
        section 601(b).
            (2) Educational partnership program.--There are authorized 
        to be appropriated to the Administrator $15,000,000 for each of 
        fiscal years 2006 through 2010 for educational activities under 
        section 601(b).
    (b) National Ocean Awareness Media Campaign.--Of the amounts 
authorized annually to NOAA, there are authorized to be appropriated to 
carry out section 603, $2,000,000 for each of fiscal years 2006 through 
2008.
    (c) Availability.--Sums appropriated under this section shall 
remain available until expended.

          TITLE VII--NONINDIGENOUS AQUATIC NUISANCE PREVENTION

                  Subtitle A--Ballast Water Management

SEC. 701. SHORT TITLE.

    This subtitle may be cited as the ``Ballast Water Management Act of 
2005''.

SEC. 702. FINDINGS.

    Congress finds the following:
            (1) The introduction of aquatic invasive species into the 
        Nation's waters is one of the most urgent issues facing the 
        marine environment in the United States.
            (2) The direct and indirect costs of aquatic invasive 
        species to the economy of the United States amount to billions 
        of dollars per year.
            (3) Invasive species are thought to have been involved in 
        70 percent of the last century's extinctions of native aquatic 
        species.
            (4) Invasive aquatic species are a significant problem in 
        all regions of the United States, including Hawaii, Alaska, San 
        Francisco Bay, the Great Lakes, the Southeast, and the 
        Chesapeake Bay.
            (5) Ballast water from ships is one of the largest pathways 
        for the introduction and spread of aquatic invasive species.
            (6) It has been estimated that some 10,000 non-indigenous 
        aquatic organisms travel around the globe each day in the 
        ballast water of cargo ships.
            (7) Over 2,000,000,000 gallons of ballast water are 
        discharged in United States waters each year. Ballast water may 
        be the source of the largest volume of foreign organisms 
        released on a daily basis into American ecosystems.
            (8) Ballast water has been found to transport not only 
        invasive plants and animals but human diseases as well, such as 
        cholera.
            (9) Invasive species may also be introduced by other vessel 
        conduits, including the hulls of ships.
            (10) Invasive aquatic species may originate in other 
        countries, or from distinct regions in the United States.
            (11) An average of 72 percent of all fish species 
        introduced in the Southeast have become established, many of 
        which are native to the United States but transplanted outside 
        their native ranges.
            (12) The introduction of non-indigenous species has been 
        closely correlated with the disappearance of indigenous species 
        in Hawaii and other islands.
            (13) Despite the efforts of more than 20 State, Federal, 
        and private agencies, unwanted alien pests are entering Hawaii 
        at an alarming rate, approximately 2,000,000 times more rapid 
        than the natural rate.
            (14) Current Federal programs are insufficient to 
        effectively address this growing problem.
            (15) Preventing aquatic invasive species from being 
        introduced is the most cost-effective approach for addressing 
        this issue, because once established, they are costly and 
        sometimes impossible to control.

SEC. 703. BALLAST WATER MANAGEMENT.

    (a) In General.--Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read 
as follows:

``SEC. 1101. BALLAST WATER MANAGEMENT.

    ``(a) Vessels to Which Section Applies.--
            ``(1) In general.--This section applies to a vessel that is 
        designed or constructed to carry ballast water; and
                    ``(A) is a vessel of the United States (as defined 
                in section 2101(46) of title 46, United States Code); 
                or
                    ``(B) is a foreign vessel that--
                            ``(i) is en route to a United States port; 
                        or
                            ``(ii) has departed from a United States 
                        port and is within the exclusive economic zone.
            ``(2) Exceptions.--Notwithstanding paragraph (1), this 
        section does not apply to--
                    ``(A) permanent ballast water in a sealed tank on a 
                vessel that is not subject to discharge;
                    ``(B) a vessel of the Armed Forces; or
                    ``(C) a vessel, or category of vessels, exempted by 
                the Administrator of the National Oceanic and 
                Atmospheric Administration under paragraph (4).
            ``(3) Standards for vessels of the armed forces.--With 
        respect to a vessel of the Armed Forces that is designed or 
        constructed to carry ballast water, the Secretary of Defense, 
        after consultation with the Administrator of the Environmental 
        Protection Agency and the Administrator of the National Oceanic 
        and Atmospheric Administration, shall promulgate ballast water 
        and sediment management standards for such vessels that, so far 
        as is reasonable and practicable, achieve environmental results 
        that are comparable to those achieved by the requirements of 
        this section in waters subject to the jurisdiction of the 
        United States. In promulgating those standards, the Secretary 
        of Defense may take into account the standards promulgated for 
        such vessels under section 312 of the Clean Water Act (33 
        U.S.C. 1322) to the extent that compliance with those standards 
        would meet the requirements of this Act.
            ``(4) Vessel exemptions by secretary.--The Administrator of 
        the National Oceanic and Atmospheric Administration (referred 
        to in this section as the `Administrator') may exempt a vessel, 
        or category of vessels, from the application of this section if 
        the Administrator determines, after consultation with the 
        Administrator of the Environmental Protection Agency, that 
        ballast water discharge from the vessel or category of vessels 
        will not have an adverse impact (as defined in section 1003(1) 
        of this Act), based on factors including the origin and 
        destination of the voyages undertaken by such vessel or 
        category of vessels.
            ``(5) Coast Guard Assessment and Report.--Within 180 days 
        after the date of enactment of the Ballast Water Management Act 
        of 2005, the Commandant of the Coast Guard shall transmit a 
        report to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure containing--
                    ``(A) an assessment of the magnitude of ballast 
                water operations from vessels designed or constructed 
                to carry ballast water that are not described in 
                paragraph (1) that are transiting waters subject to the 
                jurisdiction of the United States; and
                    ``(B) recommendations, including legislative 
                recommendations if appropriate, of options for 
                addressing such ballast water operations.
    ``(b) Uptake and Discharge of Ballast Water and Sediment.--
            ``(1) Prohibition.--The operator of a vessel to which this 
        section applies may not conduct the uptake or discharge of 
        ballast water and sediment except as provided in this section.
            ``(2) Exceptions.--Paragraph (1) does not apply to the 
        uptake or discharge of ballast water and sediment in the 
        following circumstances:
                    ``(A) The uptake or discharge is solely for the 
                purpose of--
                            ``(i) ensuring the safety of vessel in an 
                        emergency situation; or
                            ``(ii) saving a life at sea.
                    ``(B) The uptake or discharge is accidental and the 
                result of damage to the vessel or its equipment and--
                            ``(i) all reasonable precautions to prevent 
                        or minimize ballast water and sediment 
                        discharge have been taken before and after the 
                        damage occurs, the discovery of the damage, and 
                        the discharge; and
                            ``(ii) the owner or officer in charge of 
                        the vessel did not willfully or recklessly 
                        cause the damage.
                    ``(C) The uptake or discharge is solely for the 
                purpose of avoiding or minimizing the discharge of 
                pollution from the vessel.
                    ``(D) The uptake and subsequent discharge on the 
                high seas of the same ballast water and sediment.
                    ``(E) The uptake or discharge of ballast water and 
                sediment occurs at the same location where the whole of 
                the ballast water and sediment that is discharged was 
                taken up and there is no mixing with unmanaged ballast 
                water and sediment from another area.
            ``(3) Special rule for the great lakes.--Paragraph (2) does 
        not apply to a vessel subject to the regulations under 
        subsection (e)(2) until the vessel is required to conduct 
        ballast water treatment in accordance with subsection (f) of 
        this section.
    ``(c) Vessel Ballast Water Management Plan.--
            ``(1) In general.--A vessel to which this section applies 
        shall conduct all its ballast water management operations in 
        accordance with a ballast water management plan that--
                    ``(A) meets the requirements prescribed by the 
                Administrator by regulation; and
                    ``(B) is approved by the Administrator.
            ``(2) Approval criteria.--The Administrator may not approve 
        a ballast water management plan unless the Administrator 
        determines that the plan--
                    ``(A) describes in detail safety procedures for the 
                vessel and crew associated with ballast water 
                management;
                    ``(B) describes in detail the actions to be taken 
                to implement the ballast water management requirements 
                established under this section;
                    ``(C) describes in detail procedures for disposal 
                of sediment at sea and on shore;
                    ``(D) designates the officer on board the vessel in 
                charge of ensuring that the plan is properly 
                implemented;
                    ``(E) contains the reporting requirements for 
                vessels established under this section; and
                    ``(F) meets all other requirements prescribed by 
                the Administrator.
            ``(3) Copy of plan on board vessel.--The owner or operator 
        of a vessel to which this section applies shall maintain a copy 
        of the vessel's ballast water management plan on board at all 
        times.
    ``(d) Vessel Ballast Water Record Book.--
            ``(1) In general.--The owner or operator of a vessel to 
        which this section applies shall maintain a ballast water 
        record book on board the vessel in which--
                    ``(A) each operation involving ballast water is 
                fully recorded without delay, in accordance with 
                regulations promulgated by the Secretary; and
                    ``(B) each such operation is described in detail, 
                including the location and circumstances of, and the 
                reason for, the operation.
            ``(2) Availability.--The ballast water record book--
                    ``(A) shall be kept readily available for 
                examination by the Administrator at all reasonable 
                times; and
                    ``(B) notwithstanding paragraph (1), may be kept on 
                the towing vessel in the case of an unmanned vessel 
                under tow.
            ``(3) Retention period.--The ballast water record book 
        shall be retained--
                    ``(A) on board the vessel for a period of 2 years 
                after the date on which the last entry in the book is 
                made; and
                    ``(B) under the control of the vessel's owner for 
                an additional period of 3 years.
            ``(4) Regulations.--In the regulations prescribed under 
        this section, the Secretary shall require, at a minimum, that--
                    ``(A) each entry in the ballast water record book 
                be signed and dated by the officer in charge of the 
                ballast water operation recorded; and
                    ``(B) each completed page in the ballast water 
                record book be signed and dated by the master of the 
                vessel.
            ``(5) Alternative means of recordkeeping.--The 
        Administrator may provide by regulation for alternative methods 
        of recordkeeping, including electronic recordkeeping, to comply 
        with the requirements of this subsection.
    ``(e) Ballast Water Exchange Requirements.--
            ``(1) In general.--Until a vessel conducts ballast water 
        treatment in accordance with the requirements of subsection (f) 
        of this section, the operator of a vessel to which this section 
        applies may not conduct the uptake or discharge of ballast 
        water unless the operator conducts ballast water exchange, in 
        accordance with regulations prescribed by the Administrator, in 
        a manner that results in an efficiency of at least 95 percent 
        volumetric exchange of the ballast water for each ballast water 
        tank.
            ``(2) Special rule for vessels in the great lakes.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subsection, under regulations 
                prescribed by the Administrator to prevent the 
                introduction and spread of aquatic nuisance species 
                into the Great Lakes through the ballast water of 
                vessels, operators of vessels equipped with ballast 
                water tanks that enter a United States port on the 
                Great Lakes after operating on the waters beyond the 
                exclusive economic zone shall--
                            ``(i) carry out exchange of ballast water 
                        on the waters beyond the exclusive economic 
                        zone prior to entry into any port within the 
                        Great Lakes; or
                            ``(ii) carry out an exchange of ballast 
                        water in other waters where the exchange does 
                        not pose a threat of infestation or spread of 
                        aquatic nuisance species in the Great Lakes and 
                        other waters of the United States, as 
                        recommended by the Task Force under section 
                        1102(a)(1).
                    ``(B) Additional matters covered by the 
                regulations.--The regulations shall--
                            ``(i) not affect or supersede any 
                        requirements or prohibitions pertaining to the 
                        discharge of ballast water into waters of the 
                        United States under the Federal Water Pollution 
                        Control Act (33 U.S.C. 1251 et seq.);
                            ``(ii) provide for sampling procedures to 
                        monitor compliance with the requirements of the 
                        regulations;
                            ``(iii) prohibit the operation of a vessel 
                        in the Great Lakes if the master of the vessel 
                        has not certified to the Secretary or the 
                        Secretary's designee by not later than the 
                        departure of that vessel from the first lock in 
                        the St. Lawrence Seaway that the vessel has 
                        complied with the requirements of the 
                        regulations;
                            ``(iv) protect the safety of--
                                    ``(I) each vessel; and
                                    ``(II) the crew and passengers of 
                                each vessel;
                            ``(v) take into consideration different 
                        operating conditions; and
                            ``(vi) be based on the best scientific 
                        information available.
                    ``(C) Hudson river port.--The regulations under 
                this paragraph also apply to vessels that enter a 
                United States port on the Hudson River north of the 
                George Washington Bridge.
                    ``(D) Education and technical assistance 
                programs.--The Administrator may carry out education 
                and technical assistance programs and other measures to 
                promote compliance with the regulations issued under 
                this paragraph.
            ``(3) Exchange areas.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B), (C), and (D), the operator of a 
                vessel to which this section applies shall conduct 
                ballast water exchange in accordance with regulations 
                prescribed by the Administrator--
                            ``(i) at least 200 nautical miles from the 
                        nearest land; and
                            ``(ii) in water at least 200 meters in 
                        depth.
                    ``(B) Minimum distance and depth.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (C), if the operator of a vessel 
                        is unable to conduct ballast water exchange in 
                        accordance with subparagraph (A), the ballast 
                        water exchange shall be conducted in water that 
                        is--
                                    ``(I) as far as possible from land;
                                    ``(II) at least 50 nautical miles 
                                from land; and
                                    ``(III) in water of at least 200 
                                meters in depth.
                            ``(ii) Limitation.--The operator of a 
                        vessel may not conduct ballast water exchange 
                        in accordance with clause (i) in any area with 
                        respect to which the Administrator has 
                        determined, after consultation with the 
                        Administrator of the Environmental Protection 
                        Agency, that ballast water exchange in the area 
                        will have an adverse impact, notwithstanding 
                        the fact that the area meets the distance and 
                        depth criteria of clause (i).
                    ``(C) Exchange in designated area.--
                            ``(i) In general.--If the operator of a 
                        vessel is unable to conduct ballast water 
                        exchange in accordance with subparagraph (B), 
                        the operator of the vessel may conduct ballast 
                        water exchange in an area that does not meet 
                        the distance and depth criteria of subparagraph 
                        (B) in such areas as may be designated by the 
                        Administrator, determined in consultation with 
                        the Secretary and the Administrator of the 
                        Environmental Protection Agency, for that 
                        purpose.
                            ``(ii) Charting.--The Administrator, in 
                        consultation with the Secretary, shall 
                        designate such areas on nautical charts.
                            ``(iii) Limitation.--The Administrator may 
                        not designate an area under clause (i) if a 
                        ballast water exchange in that area could have 
                        an adverse impact, as determined by the 
                        Secretary in consultation with the 
                        Administrator of the Environmental Protection 
                        Agency.
                    ``(D) Safety or stability exception.--
                            ``(i) In general.--Subparagraphs (A), (B), 
                        and (C) do not apply to the discharge or uptake 
                        of ballast water if the master of a vessel 
                        determines that compliance with subparagraph 
                        (A), (B), or (C), whichever applies, would 
                        threaten the safety or stability of the vessel, 
                        its crew, or its passengers because of adverse 
                        weather, ship design or stress, equipment 
                        failure, or any other relevant condition.
                            ``(ii) Notification required.--Whenever the 
                        master of a vessel conducts a ballast water 
                        discharge or uptake under the exception 
                        described in clause (i), the master of the 
                        vessel shall notify the Administrator as soon 
                        as practicable thereafter but no later than 24 
                        hours after the ballast water discharge or 
                        uptake commenced.
                            ``(iii) Limitation on volume.--The volume 
                        of any ballast water taken up or discharged 
                        under the exception described in clause (i) may 
                        not exceed the volume necessary to ensure the 
                        safe operation of the vessel.
                            ``(iv) Review of circumstances.--If the 
                        master of a vessel conducts a ballast water 
                        discharge or uptake under the exception 
                        described in clause (i) on more than 2 out of 6 
                        sequential voyages, the Administrator shall 
                        review the circumstances to determine whether 
                        those ballast water discharges or uptakes met 
                        the requirements of this subparagraph. The 
                        review under this clause shall be in addition 
                        to any other enforcement activity by the 
                        Administrator.
                    ``(E) Inability to comply with exchange area 
                requirements.--
                            ``(i) Deviation or delay of voyage.--In 
                        determining the ability of the operator of a 
                        vessel to conduct ballast water exchange in 
                        accordance with the requirements of 
                        subparagraph (A) or (B), a vessel is not 
                        required to deviate from its intended voyage or 
                        unduly delay its voyage to comply with those 
                        requirements.
                            ``(ii) Partial compliance.--An operator of 
                        a vessel that is unable to comply fully with 
                        the requirements of subparagraph (A) or (B), 
                        shall conduct ballast water exchange to the 
                        maximum extent feasible in compliance with 
                        those subparagraphs.
                    ``(F) Special rule for the great lakes.--This 
                paragraph does not apply to vessels subject to the 
                regulations under paragraph (2).
    ``(f) Ballast Water Treatment Requirements.--
            ``(1) In general.--Subject to the implementation schedule 
        in paragraph (3), before discharging ballast water in waters 
        subject to the jurisdiction of the United States a vessel to 
        which this section applies shall conduct ballast water 
        treatment so that the ballast water discharged will contain--
                    ``(A) less than 0.1 living organisms per cubic 
                meter that are 50 or more micrometers in minimum 
                dimension;
                    ``(B) less than 0.1 living organisms per milliliter 
                that are less than 50 micrometers in minimum dimension 
                and more than 10 micrometers in minimum dimension;
                    ``(C) concentrations of indicator microbes that are 
                less than--
                            ``(i) 1 colony-forming unit of Toxicogenic 
                        vibrio cholera (O1 and O139) per 100 
                        milliliters, or less than 1 colony-forming unit 
                        of that microbe per gram of wet weight of 
                        zoological samples;
                            ``(ii) 126 colony-forming units of 
                        escherichi coli per 100 milliliters; and
                            ``(iii) 33 colony-forming units of 
                        intestinal enterococci per 100 milliliters; and
                    ``(D) concentrations of such indicator microbes as 
                may be specified in regulations promulgated by the 
                Secretary that are less than the amount specified in 
                those regulations.
            ``(2) Reception facility exception.--Paragraph (1) does not 
        apply to a vessel that discharges ballast water into a 
        reception facility that meets standards prescribed by the 
        Administrator, in consultation with the Administrator of the 
        Environmental Protection Agency, for the reception of ballast 
        water that provide for the reception of ballast water and its 
        disposal or treatment in a way that does not impair or damage 
        the environment, human health, property, or resources. The 
        Administrator may not prescribe such standards that are less 
        stringent than any otherwise applicable Federal, State, or 
        local law requirements.
            ``(3) Implementation schedule.--Paragraph (1) applies to 
        vessels in accordance with the following schedule:
                    ``(A) First phase.--Beginning January 1, 2009, for 
                vessels constructed on or after that date with a 
                ballast water capacity of less than 5,000 cubic meters.
                    ``(B) Second phase.--Beginning January 1, 2012, for 
                vessels constructed on or after that date with a 
                ballast water capacity of 5,000 cubic meters or more.
                    ``(C) Third phase.--Beginning January 1, 2014, for 
                vessels constructed before January 1, 2009, with a 
                ballast water capacity of 1,500 cubic meters or more 
                but not more than 5,000 cubic meters.
                    ``(D) Fourth phase.--Beginning January 1, 2016, for 
                vessels constructed--
                            ``(i) before January 1, 2009, with a 
                        ballast water capacity of less than 1,500 cubic 
                        meters or 5,000 cubic meters or more; or
                            ``(ii) on or after January 1, 2009, and 
                        before January 1, 2012, with a ballast water 
                        capacity of 5,000 cubic meters or more.
            ``(4) Review of standards.--
                    ``(A) In general.--In December, 2012, and in every 
                third year thereafter, the Administrator and the 
                Administrator shall review the treatment standards 
                established in paragraph (1) to determine, in 
                consultation with the Administrator of the 
                Environmental Protection Agency, if the standards 
                should be revised to reduce the amount of organisms or 
                microbes allowed to be discharged using the best 
                available technology economically available. The 
                Secretary shall revise such standards as necessary by 
                regulation.
                    ``(B) Application of adjusted standards.--In the 
                regulations, the Administrator shall provide for the 
                prospective application of the adjusted standards 
                prescribed under this paragraph to vessels constructed 
                after the date on which the adjusted standards apply 
                and for an orderly phase-in of the adjusted standards 
                to existing vessels.
            ``(5) Delay of application for vessel participating in 
        promising technology evaluations.--
                    ``(A) In general.--If a vessel participates in a 
                program approved by the Administrator to test and 
                evaluate promising ballast water treatment technologies 
                with the potential to result in treatment technologies 
                achieving a standard that is the same as or more 
                stringent than the standard that applies under 
                paragraph (1) before the first date on which paragraph 
                (1) applies to that vessel, the Administrator may 
                postpone the date on which paragraph (1) would 
                otherwise apply to that vessel for not more than 5 
                years.
                    ``(B) Vessel diversity.--The Administrator--
                            ``(i) shall seek to ensure that a wide 
                        variety of vessel types and voyages are 
                        included in the program; but
                            ``(ii) may not grant a delay under this 
                        paragraph to more than 1 percent of the vessels 
                        to which subparagraph (A), (B), (C), or (D) of 
                        paragraph (3) applies.
                    ``(C) Termination of postponement.--The 
                Administrator may terminate the 5-year postponement 
                period if participation of the vessel in the program is 
                terminated without the consent of the Administrator.
            ``(6) Feasibility review.--
                    ``(A) In general.--Not less than 2 years before the 
                date on which paragraph (1) applies to vessels under 
                each subparagraph of paragraph (3), the Administrator 
                shall complete a review to determine whether 
                appropriate technologies are available to achieve the 
                standards set forth in paragraph (1) for the vessels to 
                which they apply under the schedule set forth in 
                paragraph (3).
                    ``(B) Delay in scheduled application.--If the 
                Administrator determines, on the basis of the review 
                conducted under subparagraph (A), that compliance with 
                the standards set forth in paragraph (1) in accordance 
                with the schedule set forth in any subparagraph of 
                paragraph (3) is not feasible, the Administrator 
                shall--
                            ``(i) extend the date on which that 
                        subparagraph first applies to vessels for a 
                        period of not more than 36 months; and
                            ``(ii) recommend action to ensure that 
                        compliance with the extended date schedule for 
                        that subparagraph is achieved.
            ``(7) Treatment system approval required.--The operator of 
        a vessel may not use a ballast water treatment system to comply 
        with the requirements of this subsection unless the system is 
        approved by the Administrator. The Administrator shall 
        promulgate regulations establishing a process for such 
        approval.
    ``(g) Warnings Concerning Ballast Water Uptake.--
            ``(1) In general.--The Secretary shall notify mariners of 
        any area in waters subject to the jurisdiction of the United 
        States in which vessels should not uptake ballast water due to 
        known conditions.
            ``(2) Contents.--The notice shall include--
                    ``(A) the coordinates of the area; and
                    ``(B) if possible, the location of alternative 
                areas for the uptake of ballast water.
    ``(h) Sediment Management.--
            ``(1) In general.--The operator of a vessel to which this 
        section applies may not remove or dispose of sediment from 
        spaces designed to carry ballast water except in accordance 
        with this subsection and the ballast water management plan 
        required under subsection (c).
            ``(2) Design requirements.--
                    ``(A) New vessels.--No person may remove and 
                dispose of such sediment from a vessel to which this 
                section applies in waters subject to the jurisdiction 
                of the United States that is constructed on or after 
                January 1, 2009, unless the vessel is designed and 
                constructed in a manner that--
                            ``(i) minimizes the uptake and entrapment 
                        of sediment;
                            ``(ii) facilitates removal of sediment; and
                            ``(iii) provides for safe access for 
                        sediment removal and sampling.
                    ``(B) Existing vessels.--The operator of a vessel 
                to which this section applies that was constructed 
                before January 1, 2009, may not remove and dispose of 
                such sediment in waters subject to the jurisdiction of 
                the United States unless--
                            ``(i) the vessel has been modified, to the 
                        extent practicable and in accordance with 
                        regulations promulgated by the Administrator, 
                        to achieve the objectives described in clauses 
                        (i), (ii), and (iii) of subparagraph (A); or
                            ``(ii) the removal and disposal of the 
                        sediment is conducted in such a manner as to 
                        achieve those objectives to the greatest extent 
                        practicable and in accordance with those 
                        regulations.
                    ``(C) Regulations.--The Administrator shall 
                promulgate regulations establishing design and 
                construction standards to achieve the objectives of 
                subparagraph (A) and providing guidance for 
                modifications and practices under subparagraph (B). The 
                Administrator shall incorporate the standards and 
                guidance in the regulations governing the ballast water 
                management plan.
            ``(3) Sediment reception facilities.--
                    ``(A) Standards.--The Administrator of the 
                Environmental Protection Agency in consultation with 
                the Administrator, shall promulgate regulations 
                governing facilities for the reception of vessel 
                sediment from spaces designed to carry ballast water 
                that provide for the disposal of such sediment in a way 
                that does not impair or damage the environment, human 
                health, or property or resources of the disposal area. 
                The Administrator may not prescribe standards under 
                this subparagraph that are less stringent than any 
                otherwise applicable Federal, State, or local law.
                    ``(B) Designation.--The Administrator shall 
                designate facilities for the reception of vessel 
                sediment that meet the requirements of the regulations 
                promulgated under subparagraph (A) at ports and 
                terminals where ballast tanks are cleaned or repaired.
    ``(i) Examinations and Certifications.--
            ``(1) Initial examination.--
                    ``(A) In general.--The Administrator shall examine 
                vessels to which this section applies to determine 
                whether--
                            ``(i) there is a ballast water management 
                        plan for the vessel; and
                            ``(ii) the equipment used for ballast water 
                        and sediment management in accordance with the 
                        requirements of this section and the 
                        regulations promulgated hereunder is installed 
                        and functioning properly.
                    ``(B) New vessels.--For vessels constructed on or 
                after January 1, 2009, the Administrator shall conduct 
                the examination required by subparagraph (A) before the 
                vessel is placed in service.
                    ``(C) Existing vessels.--For vessels constructed 
                before January 1, 2009, the Administrator shall--
                            ``(i) conduct the examination required by 
                        subparagraph (A) before the date on which 
                        subsection (f)(1) applies to the vessel 
                        according to the schedule in subsection (f)(3); 
                        and
                            ``(ii) inspect the vessel's ballast water 
                        record book required by subsection (d).
            ``(2) Subsequent examinations.--The Administrator shall 
        examine vessels no less frequently than once each year to 
        ensure vessel compliance with the requirements of this section.
            ``(3) Inspection authority.--In order to carry out the 
        provisions of this section, the Administrator may take ballast 
        water samples at any time on any vessel to which this section 
        applies to ensure its compliance with this Act.
            ``(4) Required certificate.--
                    ``(A) In general.--If, on the basis of an initial 
                examination under paragraph (1) the Administrator finds 
                that a vessel complies with the requirements of this 
                section and the regulations promulgated hereunder, the 
                Administrator shall issue a certificate under this 
                paragraph as evidence of such compliance. The 
                certificate shall be valid for a period of not more 
                than 5 years, as specified by the Administrator. The 
                certificate or a true copy shall be maintained on board 
                the vessel.
                    ``(B) Foreign certificates.--The Administrator may 
                treat a certificate issued by a foreign government as a 
                certificate issued under subparagraph (A) if the 
                Administrator determines that the standards used by the 
                issuing government are equivalent to or more stringent 
                than the standards used by the Administrator under 
                subparagraph (A).
            ``(5) Notification of violations.--If the Administrator 
        finds, on the basis of an examination under paragraph (1) or 
        (2), sampling under paragraph (3), or any other information, 
        that a vessel is being operated in violation of the 
        requirements of this section and the regulations promulgated 
        hereunder, the Administrator shall--
                    ``(A) notify--
                            ``(i) the master of the vessel; and
                            ``(ii) the captain of the port at the 
                        vessel's next port of call; and
                    ``(B) take such other action as may be appropriate.
    ``(j) Detention of Vessels.--
            ``(1) In general.--The Administrator, by notice to the 
        owner, charterer, managing operator, agent, master, or other 
        individual in charge of a vessel, may detain that vessel if the 
        Administrator has reasonable cause to believe that--
                    ``(A) the vessel is a vessel to which this section 
                applies;
                    ``(B) the vessel does not comply with the 
                requirements of this section or of the regulations 
                issued hereunder or is being operated in violation of 
                such requirements; and
                    ``(C) the vessel is about to leave a place in the 
                United States.
            ``(2) Clearance.--
                    ``(A) In general.--A vessel detained under 
                paragraph (1) may obtain clearance under section 4197 
                of the Revised Statutes (46 U.S.C. App. 91) only if the 
                violation for which it was detained has been corrected.
                    ``(B) Withdrawal.--If the Administrator finds that 
                a vessel detained under paragraph (1) has received a 
                clearance under section 4197 of the Revised Statutes 
                (46 U.S.C. App. 91) before it was detained under 
                paragraph (1), the Administrator shall request the 
                Secretary of the Treasury to withdraw the clearance. 
                Upon request of the Administrator, the Secretary of the 
                Treasury shall withhold or revoke the clearance.
    ``(k) Sanctions.--
            ``(1) Civil penalties.--Any person who violates a 
        regulation promulgated under this section shall be liable for a 
        civil penalty in an amount not to exceed $25,000. Each day of a 
        continuing violation constitutes a separate violation. A vessel 
        operated in violation of the regulations is liable in rem for 
        any civil penalty assessed under this subsection for that 
        violation.
            ``(2) Criminal penalties.--Any person who knowingly 
        violates the regulations promulgated under this section is 
        guilty of a class C felony.
            ``(3) Revocation of clearance.--Except as provided in 
        subsection (j)(2), upon request of the Administrator, the 
        Secretary of the Treasury shall withhold or revoke the 
        clearance of a vessel required by section 4197 of the Revised 
        Statutes (46 U.S.C. App. 91), if the owner or operator of that 
        vessel is in violation of the regulations issued under this 
        section.
            ``(4) Exception to sanctions.--This subsection does not 
        apply to a failure to exchange ballast water if--
                    ``(A) the master of a vessel, acting in good faith, 
                decides that the exchange of ballast water will 
                threaten the safety or stability of the vessel, its 
                crew, or its passengers; and
                    ``(B) the recordkeeping and reporting requirements 
                of the Act are complied with.
    ``(l) Consultation with Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines issued and regulations 
promulgated under this section, the Administrator is encouraged to 
consult with the Government of Canada, the Government of Mexico, and 
any other government of a foreign country that the Administrator, in 
consultation with the Task Force, determines to be necessary to develop 
and implement an effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
    ``(m) International Cooperation.--The Administrator, in cooperation 
with the International Maritime Organization of the United Nations and 
the Commission on Environmental Cooperation established pursuant to the 
North American Free Trade Agreement, is encouraged to enter into 
negotiations with the governments of foreign countries to develop and 
implement an effective international program for preventing the 
unintentional introduction and spread of nonindigenous species. The 
Administrator is particularly encouraged to seek bilateral or 
multilateral agreements with Canada, Mexico, and other nations in the 
Wider Caribbean (as defined in the Convention for the Protection and 
Development of the Marine Environment of the Wider Caribbean (Cartagena 
Convention) under this section.
    ``(n) Non-Discrimination.--The Administrator shall ensure that 
vessels registered outside of the United States do not receive more 
favorable treatment than vessels registered in the United States when 
the Administrator performs studies, reviews compliance, determines 
effectiveness, establishes requirements, or performs any other 
responsibilities under this Act.
    ``(o) Support for Federal Ballast Water Demonstration Project.--In 
addition to amounts otherwise available to the Maritime Administration, 
the National Oceanographic and Atmospheric Administration, and the 
United States Fish and Wildlife Service for the Federal Ballast Water 
Demonstration Project, the Administrator shall provide support for the 
conduct and expansion of the project, including grants for research and 
development of innovative technologies for the management, treatment, 
and disposal of ballast water and sediment, for ballast water exchange, 
and for other vessel vectors of invasive aquatic species such as hull 
fouling. There are authorized to be appropriated to the Administrator 
$25,000,000 for each fiscal year to carry out this subsection.
    ``(p) Consultation With Task Force.--The Administrator shall 
consult with the Task Force in carrying out this section.
    ``(q) Rulemaking.--The Administrator may issue such regulations as 
may be necessary to carry out this section and the terms defined in 
section 1003 that are used in this section.''.
    (b) Definitions.--Section 1003 of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is 
amended--
            (1) by redesignating--
                    (A) paragraphs (1), (2), and (3) as paragraphs (2), 
                (3), and (4), respectively;
                    (B) paragraphs (4), (5), (6), (7), and (8) as 
                paragraphs (8), (9), (10), (11), and (12), 
                respectively;
                    (C) paragraphs (9) and (10) as paragraphs (14) and 
                (15) respectively;
                    (D) paragraphs (11) and (12) as paragraphs (17) and 
                (18), respectively;
                    (E) paragraphs (13), (14), and (15) as paragraphs 
                (20), (21), and (22), respectively;
                    (F) paragraph (16) as paragraph (26); and
                    (G) paragraph (17) as paragraph (23) and inserting 
                it after paragraph (22), as redesignated;
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) `adverse impact' means the direct or indirect result 
        or consequence of an event or process that--
                    ``(A) creates a hazard to the environment, human 
                health, property, or a natural resource;
                    ``(B) impairs biological diversity; or
                    ``(C) interferes with the legitimate use of waters 
                subject to the jurisdiction of the United States;'';
            (3) by striking paragraph (4), as redesignated, and 
        inserting the following:
            ``(4) `ballast water'--
                    ``(A) means water taken on board a vessel to 
                control trim, list, draught, stability, or stresses of 
                the vessel, including matter suspended in such water; 
                but
                    ``(B) does not include potable or technical water 
                that does not contain harmful aquatic organisms or 
                pathogens that is taken on board a vessel and used for 
                a purpose described in subparagraph (A) if such potable 
                or technical water is discharged in compliance with 
                section 312 of the Clean Water Act (33 U.S.C. 1322);'';
            (4) by inserting after paragraph (4) the following:
            ``(5) `ballast water capacity' means the total volumetric 
        capacity of any tanks, spaces, or compartments on a vessel that 
        is used for carrying, loading, or discharging ballast water, 
        including any multi-use tank, space, or compartment designed to 
        allow carriage of ballast water;
            ``(6) `ballast water management' means mechanical, 
        physical, chemical, and biological processes used, either 
        singularly or in combination, to remove, render harmless, or 
        avoid the uptake or discharge of harmful aquatic organisms and 
        pathogens within ballast water and sediment;
            ``(7) `constructed' means a state of construction of a 
        vessel at which--
                    ``(A) the keel is laid;
                    ``(B) construction identifiable with the specific 
                vessel begins;
                    ``(C) assembly of the vessel has begun comprising 
                at least 50 tons or 1 percent of the estimated mass of 
                all structural material of the vessel, whichever is 
                less; or
                    ``(D) the vessel undergoes a major conversion;'';
            (5) by inserting after paragraph (12), as redesignated, the 
        following:
            ``(13) `harmful aquatic organisms and pathogens' means 
        aquatic organisms or pathogens that have been determined by the 
        Administrator of the National Oceanographic and Atmospheric 
        Administration, after consultation with the Administrator of 
        the Environmental Protection Agency, to cause an adverse impact 
        if introduced into the waters subject to the jurisdiction of 
        the United States;'';
            (6) by inserting after paragraph (15), as redesignated, the 
        following:
            ``(16) `major conversion' means a conversion of a vessel, 
        that--
                    ``(A) changes its ballast water carrying capacity 
                by at least 15 percent;
                    ``(B) changes the vessel class;
                    ``(C) is projected to prolong the vessel's life by 
                at least 10 years (as determined by the Administrator); 
                or
                    ``(D) results in modifications to the vessel's 
                ballast water system, except--
                            ``(i) component replacement-in-kind; or
                            ``(ii) conversion of a vessel to meet the 
                        requirements of section 1101(e);'';
            (7) by inserting after paragraph (18), as redesignated, the 
        following:
            ``(19) `sediment' means matter that has settled out of 
        ballast water within a vessel;'';
            (8) by inserting after paragraph (23), as redesignated, the 
        following:
            ``(24) `United States port' means a port, river, harbor, or 
        offshore terminal under the jurisdiction of the United States, 
        including ports located in Puerto Rico, Guam, the Northern 
        Marianas, and the United States Virgin Islands;
            ``(25) `vessel of the Armed Forces' means--
                    ``(A) any vessel owned or operated by the 
                Department of Defense, other than a time or voyage 
                chartered vessel; and
                    ``(B) any vessel owned or operated by the 
                Department of Homeland Security that is designated by 
                the Secretary of the department in which the Coast 
                Guard is operating as a vessel equivalent to a vessel 
                described in subparagraph (A);''; and
            (9) by inserting after paragraph (26), as redesignated, the 
        following:
            ``(27) `waters subject to the jurisdiction of the United 
        States' means navigable waters and the territorial sea of the 
        United States, the exclusive economic zone, and the Great 
        Lakes.''.
    (c) Great Lakes Regulations.--Until vessels described in section 
1101(e)(2) of the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4711(e)(2)), as amended by this Act, are 
required to conduct ballast water treatment in accordance with the 
requirements of section 1101(f) of that Act (16 U.S.C. 1101(f)), as 
amended by this Act, the regulations promulgated by the Secretary of 
Transportation under section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711), as such 
regulations were in effect on the day before the date of enactment of 
this Act, shall remain in full force and effect for, and shall continue 
to apply to, such vessels.

SEC. 704. COAST GUARD REPORT ON OTHER VESSEL-RELATED VECTORS OF 
              INVASIVE SPECIES.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Commandant of the Coast Guard shall transmit a report 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation and 
Infrastructure on vessel-related vectors of harmful aquatic organisms 
and pathogens other than ballast water and sediment, including vessel 
hulls and equipment, and from vessels equipped with ballast tanks that 
carry no ballast water on board.
    (b) Best Practices.--As soon as practicable, the Coast Guard shall 
develop best practices standards and procedures designed to reduce the 
introduction of invasive species into and within the United States from 
vessels and establish a timeframe for implementation of those standards 
and procedures by vessels, in addition to the mandatory requirements 
set forth in section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711) for ballast water. 
Such standards and procedures should include designation of 
geographical locations for uptake and discharge of untreated ballast 
water, as well as standards and procedures for other vessel vectors of 
invasive aquatic species. The Commandant shall transmit a report to the 
Committees describing the standards and procedures developed and the 
implementation timeframe, together with any recommendations, including 
legislative recommendations if appropriate, the Commandant deems 
appropriate. The Secretary of the department in which the Coast Guard 
is operating may promulgate regulations to incorporate and enforce 
standards and procedures developed under this subsection.

   Subtitle B--Early Detection; Rapid Response; Control and Outreach

SEC. 711. EARLY DETECTION.

    Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at 
the end the following:

``SEC. 1105. EARLY DETECTION AND MONITORING.

    ``(a) In General.--Not later than 18 months after the date of 
enactment of the National Oceans Protection Act of 2005, in conjunction 
with the Council, the Task Force shall (based on the standard protocol 
for early detection surveys developed under this title), promulgate a 
set of sampling protocols, a geographic plan, and budget to support a 
national system of ecological surveys to rapidly detect recently-
established aquatic invasive species in waters of the United States.
    ``(b) Contents.--The protocols, plan, and budget shall, at a 
minimum--
            ``(1) address a diversity of aquatic ecosystems of the 
        United States (including inland and coastal waters);
            ``(2) encourage State, local, port, and tribal 
        participation in monitoring;
            ``(3) balance scientific rigor with practicability, 
        timeliness, and breadth of sampling activity;
            ``(4) considers the pathways and organisms identified under 
        section 1210; and
            ``(5) include clear lines of communication with appropriate 
        Federal, State, and regional rapid response authorities.
    ``(c) Implementation.--Not later than 3 years after the date of 
enactment of the National Oceans Protection Act of 2005, the Director 
of the United States Geological Survey, the Administrator of the 
National Oceanic and Atmospheric Administration, and the Administrator 
(in consultation with the Invasive Species Council and in coordination 
with other agencies and organizations) shall implement a national 
system of ecological surveys that is--
            ``(1) carried out in cooperation with State, local, port, 
        tribal authorities, and other non-Federal entities (such as 
        colleges and universities); and
            ``(2) based on the protocols, plan, and budget published 
        under subsection (a) and any public comment.''.

SEC. 712. RAPID RESPONSE.

    Subtitle C of title I of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended 
by adding at the end the following:

``SEC. 1210. RAPID RESPONSE.

    ``(a) Emergency Rapid Response Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a revolving fund to assist States in 
        implementing rapid response measures for aquatic invasive 
        species, to be known as the `Emergency Rapid Response Fund' 
        (referred to in this subsection as the `Fund'), consisting of--
                    ``(A) such amounts as are appropriated to the Fund 
                under section 1301(g)(2)(A); and
                    ``(B) any interest earned on investment of amounts 
                in the Fund under paragraph (3).
            ``(2) Expenditures from fund.--
                    ``(A) In general.--Subject to subparagraph (C), on 
                request by the Secretary of the Interior, the Secretary 
                of the Treasury shall transfer from the Fund to the 
                Secretary of the Interior such amounts as the Secretary 
                of the Interior determines are necessary to provide 
                financial assistance to a State or the Federal rapid 
                response team under subparagraph (B) to assist in 
                implementing rapid response measures for aquatic 
                invasive species.
                    ``(B) State assistance.--
                            ``(i) In general.--A State may submit to 
                        the Secretary of the Interior an application 
                        for emergency response assistance from the 
                        Fund.
                            ``(ii) Approval.--If the Secretary of the 
                        Interior approves an application submitted 
                        under clause (i), the Secretary shall use 
                        amounts provided to the Secretary under 
                        subparagraph (A)--
                                    ``(I) in a case in which a State 
                                has in effect a rapid response 
                                contingency strategy that is approved 
                                under subsection (b), to provide 
                                emergency response assistance to the 
                                State; and
                                    ``(II) in a case in which the State 
                                does not have a rapid response 
                                contingency strategy approved under 
                                subsection (b) in effect, to provide 
                                emergency response assistance to the 
                                Federal rapid response team established 
                                under subsection (f).
                            ``(iii) Additional funds.--If additional 
                        amounts are needed for the conduct of emergency 
                        response activities in the State, the Secretary 
                        of the Interior may provide additional 
                        assistance to the State or Federal rapid 
                        response team under this paragraph.
                    ``(C) Administrative expenses.--An amount not to 
                exceed 10 percent of the amounts in the Fund shall be 
                available for each fiscal year to pay the 
                administrative expenses necessary to carry out this 
                Act.
            ``(3) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary of the Treasury, required to 
                meet current withdrawals.
                    ``(B) Interest-bearing obligations.--Investments 
                may be made only in interest-bearing obligations of the 
                United States.
                    ``(C) Acquisition of obligations.--For the purpose 
                of investments under subparagraph (A), obligations may 
                be acquired--
                            ``(i) on original issue at the issue price; 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(D) Sale of obligations.--Any obligation acquired 
                by the Fund may be sold by the Secretary of the 
                Treasury at the market price.
                    ``(E) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
            ``(4) Transfers of amounts.--
                    ``(A) In general.--The amounts required to be 
                transferred to the Fund under this section shall be 
                transferred at least monthly from the general fund of 
                the Treasury to the Fund on the basis of estimates made 
                by the Secretary of the Treasury.
                    ``(B) Adjustments.--Proper adjustment shall be made 
                in amounts subsequently transferred to the extent prior 
                estimates were in excess of or less than the amounts 
                required to be transferred.
    ``(b) State Rapid Response Contingency Strategies.--The Task Force, 
in consultation with the Invasive Species Council, shall approve a 
rapid response contingency strategy of a State if the strategy--
            ``(1) identifies all key governmental and nongovernmental 
        partners to be involved in carrying out the strategy;
            ``(2) clearly designates the authorities and 
        responsibilities of each partner, including the authority of 
        any State or government of an Indian tribe to distribute 
        emergency funds;
            ``(3) specifies criteria for rapid response measures, 
        including a diagnostic system that--
                    ``(A) distinguishes cases in which rapid response 
                has a likelihood of success and cases in which rapid 
                response has no likelihood of success;
                    ``(B) distinguishes rapid response measures from 
                ongoing management and control of established 
                populations of aquatic invasive species; and
                    ``(C) distinguishes instances in which the rate and 
                probability of organism dispersal is significantly 
                altered by vessel movements;
            ``(4) includes an early detection strategy that supports or 
        complements the early detection and monitoring system developed 
        under section 1108;
            ``(5) provides for a monitoring capability to assess--
                    ``(A) the extent of infestations; and
                    ``(B) the effectiveness of rapid response efforts;
            ``(6) to the maximum extent practicable, is integrated into 
        the State aquatic invasive species management plan approved 
        under section 1204;
            ``(7) to the maximum extent practicable, includes rapid 
        response tools that meet environmental criteria developed under 
        subsection (f)(4);
            ``(8) includes a public education and outreach component 
        directed at--
                    ``(A) potential pathways for spread of aquatic 
                invasive species; and
                    ``(B) persons involved in industries and 
                recreational activities associated with those pathways; 
                and
            ``(9) to the extent that the strategy involves vessels, 
        conforms with guidelines issued by the Secretary under 
        subsection (d)(2).
    ``(c) Regional Rapid Response Contingency Strategies.--The Task 
Force, with the concurrence of the Invasive Species Council and in 
consultation with the regional panels of the Task Force established 
under section 1203, shall encourage the development of regional rapid 
response contingency strategies that--
            ``(1) provide a consistent and coordinated approach to 
        rapid response; and
            ``(2) are approved by--
                    ``(A) the Secretary; and
                    ``(B) the Governors and Indian tribes having 
                jurisdiction over areas within a region.
    ``(d) Model Rapid Response Contingency Strategies.--Not later than 
18 months after the date of enactment of the National Oceans Protection 
Act of 2005--
            ``(1) the Task Force, with the concurrence of the Invasive 
        Species Council and the regional panels of the Task Force 
        established under section 1203, shall develop--
                    ``(A) a model State rapid response contingency 
                strategy (including rapid assessment capability) for 
                aquatic invasive species that meets, to the maximum 
                extent practicable, the requirements of paragraphs (1) 
                through (9) of subsection (b); and
                    ``(B) a model regional rapid response contingency 
                strategy (including rapid assessment capability) for 
                aquatic invasive species; and
            ``(2) the Secretary, in concurrence with the Task Force and 
        the regional panels of the Task Force, shall issue guidelines 
        that describe vessel-related requirements that may be used in a 
        rapid response contingency strategy approved under this 
        section.
    ``(e) Cost Sharing.--
            ``(1) State rapid response contingency strategies.--The 
        Federal share of the cost of activities carried out under a 
        State rapid response contingency strategy approved under 
        subsection (b) shall be not less than 50 percent.
            ``(2) Regional rapid response contingency strategies.--The 
        Federal share of the cost of activities carried out under a 
        regional rapid response contingency strategy approved under 
        subsection (c) shall be not less than 75 percent.
            ``(3) Form of non-federal share.--The non-Federal share 
        required under paragraph (1) or (2) may be in the form of in-
        kind contributions.
    ``(f) Federal Rapid Response Teams.--
            ``(1) Establishment of teams.--Not later than 1 year after 
        the date of enactment of the National Oceans Protection Act of 
        2005, the Invasive Species Council, in coordination with the 
        Task Force and the heads of appropriate Federal agencies, shall 
        establish a Federal rapid response team for each of the 10 
        Federal regions that comprise the Standard Federal Regional 
        Boundary System.
            ``(2) Duties of teams.--Each Federal rapid response team 
        shall, at a minimum--
                    ``(A) implement rapid eradication or control 
                responses for newly detected aquatic invasive species 
                on Federal and tribal land;
                    ``(B) carry out, or assist in carrying out, rapid 
                responses for newly detected aquatic invasive species 
                on non-Federal land at the request of a State, Indian 
                tribe, or group of States or Indian tribes;
                    ``(C) provide training and expertise for State, 
                tribal, or regional rapid responders;
                    ``(D) provide central sources of information for 
                rapid responders;
                    ``(E) maintain a list of researchers and rapid 
                response volunteers; and
                    ``(F) in carrying out any rapid response activity 
                with respect to an aquatic noxious weed listed under 
                section 412(f) of the Plant Protection Act (7 U.S.C. 
                7712(f)), include representatives of the Animal and 
                Plant Health Inspection Service.
            ``(3) Criteria for identifying cases of rapid response 
        warranting federal assistance.--Not later than 1 year after the 
        date of enactment of the National Oceans Protection Act of 
        2005, the Task Force, with the concurrence of the Invasive 
        Species Council, shall develop criteria to identify cases 
        warranting Federal assistance for rapid assessment and response 
        under this subsection, including indicative criteria relating 
        to, at a minimum--
                    ``(A) the extent to which infestations of aquatic 
                invasive species may be managed successfully by rapid 
                response;
                    ``(B) the extent to which rapid response efforts 
                may differ from ongoing management and control; and
                    ``(C) the extent to which infestations of 
                nonindigenous aquatic invasive species are considered 
                to be an acute or chronic threat to--
                            ``(i) biodiversity of native aquatic 
                        organisms;
                            ``(ii) habitats of native fish and 
                        wildlife; or
                            ``(iii) human health.
            ``(4) Environmental criteria.--Not later than 1 year after 
        the date of enactment of the National Oceans Protection Act of 
        2005, the Administrator, in consultation with the Invasive 
        Species Council, the Secretary of Transportation, the Task 
        Force (including regional panels of the Task Force established 
        under section 1203), the Director, and the Director of the 
        National Marine Fisheries Service, shall develop environmental 
        criteria to minimize nontarget environmental impacts of rapid 
        responses carried out pursuant to this section.''.

SEC. 713. DISPERSAL BARRIERS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) is amended--
            (1) by redesignating subsections (j) and (k) as subsections 
        (l) and (m), respectively; and
            (2) by inserting after subsection (i) the following:
    ``(j) National Dispersal Barrier Program.--
            ``(1) Chicago river ship and sanitary canal dispersal 
        barrier project.--
                    ``(A) Existing barrier.--The Assistant Secretary 
                shall upgrade and make permanent, at full Federal 
                expense, the existing Chicago sanitary and ship canal 
                dispersal barrier in Chicago, Illinois, constructed as 
                a demonstration project under subsection (i)(3).
                    ``(B) New barrier.--Notwithstanding the project 
                cooperation agreement with the State of Illinois dated 
                November 21, 2003, the Secretary shall construct, at 
                full Federal expense, the Chicago sanitary and ship 
                canal dispersal barrier authorized by section 1135 of 
                the Water Resources Development Act of 1986 (33 U.S.C. 
                2309a).
                    ``(C) Operation and maintenance.--The Chicago 
                sanitary and ship canal dispersal barriers described in 
                subparagraphs (A) and (B) shall be operated and 
                maintained as a system by the Corps of Engineers, at 
                full Federal expense, in such a manner as the Chief 
                Engineer determines optimizes the effectiveness of the 
                barriers.
                    ``(D) Credit.--
                            ``(i) In general.--The Assistant Secretary 
                        shall provide to each State a credit in an 
                        amount equal to the proportion that--
                                    ``(I) the amount of funds 
                                contributed by the State toward the 
                                authorized dispersal barriers described 
                                in subparagraphs (A) and (B); bears to
                                    ``(II) the amount of funds 
                                contributed by all States toward the 
                                authorized dispersal barriers described 
                                in subparagraphs (A) and (B).
                            ``(ii) Use of credit.--A State may apply a 
                        credit received under clause (i) to any 
                        existing or future project of the Corps of 
                        Engineers in that State.
                    ``(E) Feasibility study of chicago river ship and 
                sanitary canal.--
                            ``(i) In general.--Not later than 3 years 
                        after the date of enactment of the National 
                        Oceans Protection Act of 2005, the Assistant 
                        Secretary, in consultation with appropriate 
                        Federal, State, local, and non-governmental 
                        entities, shall conduct a feasibility study of 
                        the full range of options available to prevent 
                        the spread of aquatic invasive species through 
                        the Chicago River Ship and Sanitary Canal 
                        dispersal barrier.
                            ``(ii) Matters to be studied.--The study 
                        shall--
                                    ``(I) provide recommendations 
                                concerning additional measures and 
                                long-term measures necessary to improve 
                                the performance of the Chicago River 
                                Ship and Sanitary Canal dispersal 
                                barrier; and
                                    ``(II) examine methods and measures 
                                necessary to achieve, to the maximum 
                                extent practicable--
                                            ``(aa) 100 percent efficacy 
                                        of the barrier with respect to 
                                        aquatic invasive species of 
                                        fish; and
                                            ``(bb) maximum efficacy of 
                                        the barrier with respect to 
                                        other taxa of aquatic invasive 
                                        species.
                    ``(F) Reimbursement.--The State of Illinois shall 
                be reimbursed for all State funds expended on the 
                planning, design, construction, and operation and 
                maintenance of the project identified, along with any 
                subsequent modifications, in the report entitled 
                `Aquatic Nuisance Species Dispersal Barrier II', dated 
                December 2002, issued under section 1135 of the Water 
                Resources Development Act of 1986 (33 U.S.C. 2294 note; 
                100 Stat. 4251).
            ``(2) Monitoring program.--
                    ``(A) Establishment.--Not later than 1 year after 
                the date of enactment of the National Oceans Protection 
                Act of 2005, the Secretary of the Interior shall 
                establish an interbasin and intrabasin monitoring 
                program.
                    ``(B) Required elements.--The monitoring program 
                shall--
                            ``(i) track aquatic invasive species moving 
                        through--
                                    ``(I) the Chicago River Ship and 
                                Sanitary Canal;
                                    ``(II) the Lake Champlain Canal;
                                    ``(III) other interbasin waterways; 
                                and
                                    ``(IV) major river systems (such as 
                                the Mississippi River), as recommended 
                                by regional panels convened under 
                                section 1203, in which interbasin 
                                transfers of aquatic invasive species 
                                have been shown to pose a significant 
                                threat to fish and wildlife resources;
                            ``(ii) assess the efficacy of dispersal 
                        barriers and other measures in preventing the 
                        spread of aquatic invasive species through the 
                        waterways; and
                            ``(iii) identify waterways suitable for 
                        dispersal barrier demonstration projects, in 
                        addition to the waterways at which dispersal 
                        barrier demonstration projects were carried out 
                        before the date of enactment of the National 
                        Oceans Protection Act of 2005.
                    ``(C) Reports.--The Secretary of the Interior shall 
                issue biennial reports describing the findings of the 
                monitoring program.
            ``(3) Prevention and mitigation plans for corps projects.--
        In developing projects involving interbasin waterways or other 
        hydrologic alterations that could create pathways for aquatic 
        invasive species, the Assistant Secretary shall develop 
        adequate prevention and mitigation plans for controlling the 
        dispersal of the aquatic invasive species.
            ``(4) Technical assistance.--The Administrator of the 
        National Oceanic and Atmospheric Administration, acting through 
        the Great Lakes Environmental Research Laboratory, shall 
        provide technical assistance to appropriate entities to assist 
        in the research conducted under this subsection.
            ``(5) Additional waterways.--The Assistant Secretary, with 
        the concurrence of the Administrator, and other relevant 
        Federal agencies, shall--
                    ``(A) identify additional waterways suitable for 
                the construction of new dispersal barriers (based on 
                the monitoring program established under paragraph 
                (2));
                    ``(B) determine the feasibility of a dispersal 
                barrier project at the Lake Champlain Canal and in the 
                Upper Mississippi River and, if feasible, establish a 
                plan for a dispersal barrier at the Lake Champlain 
                Canal and in the Upper Mississippi River; and
                    ``(C) construct, maintain, and operate such 
                dispersal barriers as necessary.
            ``(6) Reports.--Not later than 3 years after the date of 
        enactment of the National Oceans Protection Act of 2005, the 
        Assistant Secretary and the Director shall jointly submit to 
        Congress a report that describes--
                    ``(A) the efficacy of the Chicago River Ship and 
                Sanitary Canal dispersal barrier project; and
                    ``(B) a plan to provide for additional dispersal 
                barrier demonstration projects and related research 
                projects.''.

SEC. 714. ENVIRONMENTAL SOUNDNESS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) (as amended by section 713) is 
amended by inserting after subsection (j) the following:
    ``(k) Improvement of Treatment Methods for Aquatic Invasive 
Species.--
            ``(1) Criteria to evaluate environmental soundness of 
        treatment methods.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the National Oceans Protection Act 
                of 2005, the Administrator, in consultation with the 
                Secretary, the Invasive Species Council, and the Task 
                Force (including any regional panels of the Task Force) 
                shall promulgate criteria to evaluate the treatment 
                methods described in subparagraph (B) for the purpose 
                of ensuring that the treatment methods pose no 
                significant threat of adverse effect on human health, 
                public safety, or the environment (including air 
                quality and the aquatic environment) that is acute, 
                chronic, cumulative, or collective.
                    ``(B) Treatment methods.--The treatment methods 
                referred to in subparagraph (A) are all mechanical, 
                physical, chemical, biological, and other treatment 
                methods used in bodies of water of the United States 
                (regardless of whether the bodies of water are 
                navigable and regardless of the origin of the waters), 
                to prevent, treat, or respond to the introduction of 
                aquatic invasive species.
                    ``(C) Consultation.--In carrying out subparagraph 
                (A), the Administrator shall consult with--
                            ``(i) the Secretary of Transportation;
                            ``(ii) the Task Force (including the 
                        regional panels of the Task Force established 
                        under section 1203);
                            ``(iii) the Director;
                            ``(iv) the Assistant Secretary;
                            ``(v) the Director of the National Marine 
                        Fisheries Service; and
                            ``(vi) relevant State agencies.
            ``(2) Publication of information on environmentally sound 
        treatment methods.--The Administrator, in consultation with the 
        Invasive Species Council, shall publish (not later than 1 year 
        after the date of enactment of the National Oceans Protection 
        Act of 2005) and update annually--
                    ``(A) a list of environmentally sound treatment 
                methods that may apply to a potential aquatic invasive 
                species response effort;
                    ``(B) accompanying research that supports the 
                environmental soundness of each approved treatment 
                method; and
                    ``(C) explicit guidelines under which each 
                treatment method can be used in an environmentally 
                sound manner.
            ``(3) Reports.--The Invasive Species Council and Task Force 
        shall include the information described in paragraph (2) in the 
        reports submitted under section 1201(f)(2)(B).''.

SEC. 715. INFORMATION, EDUCATION, AND OUTREACH.

    Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4722(h)) is amended--
            (1) by striking ``(h) education.--The Task Force'' and 
        inserting the following:
    ``(h) Information, Education, and Outreach.--
            ``(1) In general.--The Task Force''; and
            (2) by adding at the end the following:
            ``(2) Activities.--
                    ``(A) In general.--The programs carried out under 
                paragraph (1) shall include the activities described in 
                this paragraph.
                    ``(B) Public outreach.--
                            ``(i) Public warnings.--Not later than 180 
                        days after the date of enactment of the 
                        National Oceans Protection Act of 2005, each 
                        Federal officer of an agency that provides 
                        Federal funds to States for building or 
                        maintaining public access points to United 
                        States water bodies shall amend the guidelines 
                        of the agency, in consultation with relevant 
                        State agencies, to encourage the posting of 
                        regionally-specific public warnings or other 
                        suitable informational and educational 
                        materials at the access points regarding--
                                    ``(I) the danger of spread of 
                                aquatic invasive species through the 
                                transport of recreational watercraft; 
                                and
                                    ``(II) methods for removing 
                                organisms prior to transporting a 
                                watercraft.
                            ``(ii) Cleaning of watercraft at marinas.--
                        Not later than 1 year after the date of 
                        enactment of the National Oceans Protection Act 
                        of 2005, the Under Secretary and the Director 
                        (in cooperation with the Task Force and in 
                        consultation with the States, relevant industry 
                        groups, and Indian tribes) shall develop an 
                        education, outreach, and training program 
                        directed toward marinas and marina operators 
                        regarding--
                                    ``(I) checking watercraft for live 
                                organisms;
                                    ``(II) removing live organisms from 
                                the watercraft before the watercraft 
                                are commercially or recreationally 
                                trailered;
                                    ``(III) encouraging regular hull 
                                cleaning and maintenance, avoiding in-
                                water hull cleaning; and
                                    ``(IV) other activities, as 
                                identified by the Secretary.
                            ``(iii) Proper disposal of nonindigenous 
                        live aquatic organisms in trade.--The Task 
                        Force shall--
                                    ``(I) not later than 1 year after 
                                the date of enactment of the National 
                                Oceans Protection Act of 2005, develop 
                                (in consultation with industry and 
                                other affected parties) guidelines for 
                                proper disposal of live nonindigenous 
                                aquatic organisms in trade; and
                                    ``(II) use the guidelines in 
                                appropriate public information and 
                                outreach efforts.
                    ``(C) 100th meridian program.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the National 
                        Oceans Protection Act of 2005, the Task Force 
                        shall expand the information and education 
                        program directed at recreational boaters in 
                        States from which watercraft are transported 
                        westward across the 100th meridian.
                            ``(ii) Activities.--In carrying out the 
                        program, the task force shall--
                                    ``(I) survey owners of watercraft 
                                transported westward across the 100th 
                                meridian to determine the States of 
                                origin of most such owners;
                                    ``(II) provide information directly 
                                to watercraft owners concerning the 
                                importance of cleaning watercraft 
                                carrying live organisms before 
                                transporting the watercraft; and
                                    ``(III) support education and 
                                information programs of the States of 
                                origin to ensure that the State 
                                programs address westward spread.
                    ``(D) Information and education program by national 
                park service.--The Secretary of the Interior, acting 
                through the Director of the National Park Service, 
                shall develop a program to provide public outreach and 
                other educational activities to prevent the spread of 
                aquatic invasive species by recreational watercraft in 
                parkland or through events sponsored by the National 
                Park Service.
            ``(3) Outreach to industry.--The Task Force, in conjunction 
        with the Invasive Species Council, shall carry out activities 
        to inform and promote voluntary cooperation and regulatory 
        compliance by members of the national and international 
        maritime, horticultural, aquarium, aquaculture, pet trade, and 
        other appropriate industries with screening, monitoring, and 
        control of the transportation of aquatic invasive species.
            ``(4) Public access to monitoring information.--The Task 
        Force, the Invasive Species Council, and other relevant 
        agencies, shall maintain information on the Internet 
        regarding--
                    ``(A) the best approaches for the public and 
                private interests to use in assisting with national 
                early detection and monitoring of aquatic invasive 
                species in waters of the United States;
                    ``(B) contact locations for joining a national 
                network of monitoring stations;
                    ``(C) approved State Management Plans under section 
                1204(a) and Rapid Response Contingency Strategies under 
                subsections (b) and (c) of section 1211; and
                    ``(D) the list of potential invaders under section 
                1201(a)(4).''.

             Subtitle C--Aquatic Invasive Species Research

SEC. 721. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.

    (a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended 
by section 711) is amended by adding at the end the following:

``SEC. 1106. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.

    ``(a) Definition of Administering Agencies.--
            ``(1) In general.--In this section and section 1107, the 
        term `administering agencies' means--
                    ``(A) the Smithsonian Environmental Research 
                Center;
                    ``(B) the United States Geological Survey; and
                    ``(C) the National Oceanic and Atmospheric 
                Administration (including the Great Lakes Environmental 
                Research Laboratory).
            ``(2) Memorandum of understanding.--The administering 
        agencies shall enter into an agreement regarding implementation 
        of this subtitle.
            ``(3) Consultation.--In carrying out this section, the 
        administering agencies shall consult with--
                    ``(A) the Task Force;
                    ``(B) the Environmental Protection Agency;
                    ``(C) the United States Fish and Wildlife Service; 
                and
                    ``(D) other appropriate Federal and State agencies.
            ``(4) Cooperation.--In carrying out this section, the 
        administering agencies shall contract, as appropriate, or 
        otherwise cooperate with academic researchers.
    ``(b) Program.--The administering agencies shall develop (not later 
than 18 months after the date of enactment of the National Oceans 
Protection Act of 2005) and conduct a marine and freshwater research 
program (including ecological and pathway surveys and experimentation) 
to assess rates of, patterns of, and conditions surrounding 
introductions of nonindigenous aquatic species in aquatic ecosystems.
    ``(c) Purpose.--The purpose of the program is to support efforts to 
prevent the introduction of, and detect and eradicate, invasive species 
by--
            ``(1) providing information for--
                    ``(A) early detection and rapid response efforts; 
                and
                    ``(B) relevant policy questions; and
            ``(2) assessing the effectiveness of implemented policies 
        (including any standard) to prevent the introduction and spread 
        of aquatic invasive species.
    ``(d) Protocol Development.--The administering agencies shall--
            ``(1) establish standardized protocols for conducting 
        surveys that are integrated and produce comparable data, and, 
        as practicable, build on existing protocols and data collection 
        methods (including surveys required under subsection (b)), 
        including--
                    ``(A) protocols to support early detection surveys 
                of nonindigenous aquatic species conducted by Federal, 
                State, or local agencies involved in the management of 
                invasive species, including surveys carried out 
                pursuant to section 1105;
                    ``(B) protocols to support comprehensive ecological 
                surveys conducted under this section for purposes of 
                research and analysis of rates and patterns of 
                invasions; and
                    ``(C) protocols to support pathway surveys;
            ``(2) recommend a standardized approach for classifying 
        species;
            ``(3) when proposing protocols, consider recommendations 
        made at the workshop conducted under subsection (h);
            ``(4) subject the protocols to peer review;
            ``(5) complete the protocols not later than 1 year after 
        the date of enactment of the National Oceans Protection Act of 
        2005;
            ``(6) revise protocols as necessary; and
            ``(7) disseminate the protocols to the Task Force and other 
        Federal, State, and local stakeholders.
    ``(e) Ecological and Pathway Survey Requirements.--
            ``(1) In general.--Each comprehensive ecological survey 
        conducted under this section shall, at a minimum--
                    ``(A) document baseline ecological information of 
                the aquatic ecosystem, including--
                            ``(i) to the maximum extent practicable, a 
                        comprehensive inventory of native species, 
                        nonindigenous species, and species of unknown 
                        origin, present in the ecosystem; and
                            ``(ii) the chemical and physical 
                        characteristics of water and underlying 
                        substrate in the ecosystem;
                    ``(B) in the case of nonindigenous species, gather 
                information to assist in identifying--
                            ``(i) the life history of the species;
                            ``(ii) the environmental requirements and 
                        tolerances of the species;
                            ``(iii) the native ecosystems of the 
                        species; and
                            ``(iv) the history of the species spread 
                        from the native ecosystems of the species;
                    ``(C) track the establishment of nonindigenous 
                species, including information about the estimated 
                population of nonindigenous organisms to allow an 
                analysis of the probable date of introduction of the 
                species; and
                    ``(D) identify the likely pathway of entry of 
                nonindigenous species.
            ``(2) Minimum requirements.--Each pathway survey conducted 
        under this section shall, at a minimum--
                    ``(A) identify which nonindigenous aquatic species 
                are being introduced, or have the potential to be 
                introduced, through the pathways under consideration;
                    ``(B) determine the rate of organism introduction 
                through the pathways under consideration; and
                    ``(C) determine the practices that contributed to 
                or could contribute to the introduction of 
                nonindigenous aquatic species through the pathways 
                under consideration.
    ``(f) Number and Location of Survey Sites.--
            ``(1) Required sites.--The administering agencies shall 
        designate the number and location of survey sites necessary to 
        carry out marine and freshwater research required under this 
        section.
            ``(2) Emphasis.--In carrying out paragraph (1) and 
        subsection (g), the administering agencies shall give 
        particular consideration to--
                    ``(A) the geographic diversity of sites; and
                    ``(B) the diversity of human uses and biological 
                characteristics of sites.
    ``(g) Competitive Grant Program.--
            ``(1) In general.--In order to assist in carrying out 
        subsections (b) and (i), the administering agencies (acting 
        through the National Oceanic and Atmospheric Administration) 
        shall administer a program to award grants to academic 
        institutions, State agencies, and other appropriate groups.
            ``(2) Administration.--The program required under this 
        section shall be competitive, peer-reviewed, and merit-based.
    ``(h) Workshop.--Not later than 120 days after the date of 
enactment of the National Oceans Protection Act of 2005, to assist in 
the development of the protocols and design for the surveys under this 
section, the administering agencies shall--
            ``(1) convene a workshop among researchers from Federal and 
        State agencies and academic institutions to obtain 
        recommendations for the development of the protocols and 
        surveys; and
            ``(2) make the results of the workshop widely available to 
        the public.
    ``(i) Experimentation.--The administering agencies shall conduct 
(at existing field stations and such other sites as may be appropriate) 
coordinated experiments on a range of taxonomic groups to identify--
            ``(1) the relationship between the introduction and 
        establishment of nonindigenous aquatic species; and
            ``(2) the circumstances necessary for the species to 
        survive and thrive.
    ``(j) National Pathways and Ecological Surveys Database.--
            ``(1) In general.--The United States Geological Survey 
        shall develop, maintain, and update, in consultation and 
        cooperation with the Smithsonian Environmental Research Center 
        and the National Oceanic and Atmospheric Administration, a 
        central national database of information concerning information 
        collected under subsection (b).
            ``(2) Requirement.--The United States Geological Survey 
        shall--
                    ``(A) make the database widely available to the 
                public;
                    ``(B) update the database not less often than once 
                every 90 days;
                    ``(C) coordinate the database with existing 
                databases collecting similar information; and
                    ``(D) to the maximum extent practicable, format the 
                databases in a manner such that the data is useful for 
                researchers and Federal and State employees managing 
                relevant invasive species programs.''.
    (b) Vessel Pathway Surveys.--Section 1102(b)(2)(B) of Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4712(b)(2)(B)) is amended by striking clause (ii) and inserting the 
following:
                            ``(ii) examine other potential modes for 
                        the introduction of nonindigenous aquatic 
                        species by vessel, including hull fouling.''.

SEC. 722. ANALYSIS.

    (a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended 
by section 721(a)) is amended by adding at the end the following:

``SEC. 1107. ANALYSIS.

    ``(a) Invasion Analysis.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the National Oceans Protection Act of 2005, and 
        annually thereafter, the administering agencies shall analyze 
        data collected under section 1106 and other relevant research, 
        for the purpose of preventing the introduction of, detecting, 
        and eradicating invasive species by--
                    ``(A) providing information for early detection and 
                rapid response efforts;
                    ``(B) providing information for relevant policy 
                questions; and
                    ``(C) assessing the effectiveness of implemented 
                policies to prevent the introduction and spread of 
                invasive species.
            ``(2) Contents.--The analysis required under paragraph (1) 
        shall include, with respect to aquatic invasive species--
                    ``(A) an analysis of pathways to--
                            ``(i) identify, and characterize as
                        high-, medium-, or low-risk, regional and 
                        national pathways for the introduction of 
                        nonindigenous aquatic species into aquatic 
                        ecosystems;
                            ``(ii) identify new and expanding pathways 
                        through which nonindigenous aquatic species may 
                        be introduced into aquatic ecosystems;
                            ``(iii) identify handling practices that 
                        contribute to the introduction of species in 
                        pathways; and
                            ``(iv) assess the risk that species 
                        currently used in commerce pose for 
                        introduction into aquatic ecosystems;
                    ``(B) include patterns and rates of invasion and 
                susceptibility to invasion of various types of bodies 
                of water;
                    ``(C) consider the ways in which the risk of 
                establishment of an aquatic invasive species through a 
                pathway is related to the identity and number of 
                organisms transported;
                    ``(D) consider rates of spread and numbers and 
                types of pathways of spread of new populations of the 
                aquatic invasive species and estimate the potential for 
                the spread and distribution of newly introduced 
                invasive species based on the environmental 
                requirements and historical distribution of the 
                species;
                    ``(E) document factors that influence the 
                vulnerability of an ecosystem to invasion by a 
                nonindigenous aquatic species;
                    ``(F) include a description of the potential for, 
                and impacts of, pathway management programs on invasion 
                rates;
                    ``(G) provide recommendations for improvements on 
                the effectiveness of pathway management;
                    ``(H) to the extent practicable, determine the 
                level of reduction in live organisms of various 
                taxonomic groups required to reduce to an acceptable 
                level the risk of establishment to receiving aquatic 
                ecosystems; and
                    ``(I) evaluate the effectiveness of management 
                actions (including any standard) at reducing species 
                introductions and establishment.
            ``(3) Report.--The administering agencies shall submit to 
        the Task Force a report on analyses conducted under this 
        section.
    ``(b) Research To Assess the Potential of the Establishment of 
Introduced Species.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the National Oceans Protection Act of 2005, the 
        administering agencies shall develop, conduct peer review of, 
        and submit to the Task Force a profile of the general 
        characteristics of invasive species, in order to predict, to 
        the extent practicable, whether a species planned for 
        importation is likely to invade a particular aquatic ecosystem 
        if introduced.
            ``(2) Research.--In developing the profile, the 
        administering agencies shall analyze the research conducted 
        under section 1106 and other research as necessary to 
        determine--
                    ``(A) characteristics of general species and 
                ecosystems (taking into account the opportunity for 
                introduction into any ecosystem); and
                    ``(B) circumstances that may lead to establishment 
                of a nonindigenous aquatic organism.

``SEC. 1108. DISSEMINATION.

    ``(a) In General.--The Invasive Species Council, in coordination 
with the Task Force, and the administering agencies shall disseminate 
the information collected under this Act to Federal, State, and local 
entities (including relevant policymakers and private researchers with 
responsibility over or interest in aquatic invasive species).
    ``(b) Reports.--The Invasive Species Council shall--
            ``(1) not later than 3 years after the date of enactment of 
        the National Oceans Protection Act of 2005, submit to Congress 
        a report that describes the actions and findings carried out 
        under this Act; and
            ``(2) at least once every 3 years thereafter or more often 
        as necessary, update the report.
    ``(c) Response Strategy.--To enable Federal, State, and local 
entities having responsibility for responding to the introduction of 
potentially harmful nonindigenous aquatic species to better and more 
rapidly respond to those introductions, the Invasive Species Council, 
in coordination with the Task Force, the administering agencies, and 
other appropriate Federal and State agencies, shall implement a 
national strategy for the sharing of information collected under this 
Act with those entities.
    ``(d) Pathway Practices.--The Invasive Species Council, in 
coordination with the Task Force, and the administering agencies shall 
disseminate information to, and develop an ongoing educational program 
for, pathway users (including vendors and customers) to inform those 
users about means by which users can prevent the intentional or 
unintentional introduction of nonindigenous aquatic species into 
aquatic ecosystems.

``SEC. 1109. TECHNOLOGY DEVELOPMENT DEMONSTRATION AND VERIFICATION.

    ``(a) Environmentally Sound Technology Development, Demonstration 
and Verification.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the National Oceans Protection Act of 2005, the 
        Administrator, in consultation with the Army Corps of Engineers 
        and the administering agencies, shall develop and implement a 
        grant program to fund research, development, demonstration, and 
        verification of environmentally sound cost-effective 
        technologies and methods to control and eradicate aquatic 
        invasive species.
            ``(2) Purposes.--Proposals funded under this program 
        shall--
                    ``(A) provide funds to support on-going efforts of 
                Federal, State, or local officials to control and 
                eradicate aquatic invasive species in an 
                environmentally sound manner;
                    ``(B) increase the number of environmentally sound 
                technologies or methods Federal, State, or local 
                officials may use to control or eradicate aquatic 
                invasive species;
                    ``(C) provide for the demonstration or 
                dissemination of the technologies or methods to 
                potential end-users; and
                    ``(D) verify that any technology or practice meets 
                any appropriate criteria developed for effectiveness 
                and environmental soundness that are established by the 
                Administrator.
            ``(3) Preference.--In making grants under this subsection, 
        the Administrator shall give preference to proposals that meet 
        criteria developed for environmental soundness that are 
        established by the Administrator.
            ``(4) Merit review.--Grants awarded through this subsection 
        shall be awarded through a competitive, peer-reviewed process 
        and shall be merit-based.
            ``(5) Report.--Not later than 3 years after the date of 
        enactment of the National Oceans Protection Act of 2005, the 
        Administrator shall submit to Congress a report on the program 
        conducted under this subsection, including findings and 
        recommendations of the Secretary with respect to technologies 
        and methods described in paragraph (1).
    ``(b) Dispersal Barrier Research Program.--Not later than 1 year 
after the date of enactment of the National Oceans Protection Act of 
2005, the Assistant Secretary, in conjunction with the Director and 
other appropriate Federal agencies and academic researchers, shall 
establish a research, development, and demonstration program--
            ``(1) to study environmentally sound methods and 
        technologies to reduce dispersal of aquatic invasive species 
        through interbasin waterways; and
            ``(2) to assess the potential for using those methods and 
        technologies in other waterways.''.
    (b) Expansion of Vessel Pathway Technology Demonstration Program.--
Section 1104(b) of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4712(b)) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (7) and (8), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Additional purposes.--The Secretary of the Interior 
        and the Secretary of Commerce may demonstrate and verify 
        technologies under this subsection to monitor and control 
        pathways of organism transport on vessels other than through 
        ballast water.
            ``(5) Priority.--In making grants under this subsection, 
        the Secretary of the Interior and the Secretary of Commerce 
        shall give priority to technologies that meet criteria 
        established in any testing protocol developed under the 
        Environmental Technology Verification program of the 
        Administrator.
            ``(6) Workshop.--The Secretary of the Interior and the 
        Secretary of Commerce shall--
                    ``(A) hold an annual workshop to encourage the 
                exchange of information between and among--
                            ``(i) principal investigators for which 
                        funds are made available under this subsection; 
                        and
                            ``(ii) researchers conducting research 
                        directly relating to vessel pathway technology 
                        development; and
                    ``(B) make the results of the proceedings widely 
                available to the public.''.

SEC. 723. VESSEL PATHWAY STANDARDS RESEARCH.

    Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 
722(a)) is amended by adding at the end the following:

``SEC. 1110. VESSEL PATHWAY STANDARDS RESEARCH.

    ``(a) Research Program.--
            ``(1) In general.--The Secretary and the Administrator (in 
        coordination with the National Oceanic and Atmospheric 
        Administration, the Task Force, and other appropriate Federal 
        agencies and academic researchers) shall develop and conduct a 
        coordinated research program to support the establishment and 
        implementation of standards to prevent the introduction and 
        spread of aquatic invasive species by vessels.
            ``(2) Components.--The research program shall include 
        programs to--
                    ``(A) characterize physical, chemical, and 
                biological harbor conditions relevant to ballast 
                discharge into waters of the United States to provide 
                information for the design and implementation of vessel 
                vector control technologies and practices;
                    ``(B) develop testing protocols for determining the 
                effectiveness of vector monitoring and control 
                technologies and practices;
                    ``(C) research and demonstrate methods for 
                mitigating the spread of aquatic invasive species by 
                coastal voyages, including the exploration of the 
                effectiveness of alternative exchange zones in the near 
                coastal areas and other methods proposed to reduce the 
                transfers of organisms;
                    ``(D) verify the practical effectiveness of any 
                type approval process to ensure that the process 
                produces repeatable and accurate assessments of 
                treatment effectiveness; and
                    ``(E) evaluate the effectiveness and residual risk 
                and environmental impacts associated with any standard 
                established with respect to a ship pathway through 
                experimental research.
    ``(b) Performance Test.--Not later than 1 year after the date of 
enactment of the National Oceans Protection Act of 2005, the Secretary, 
in conjunction with the National Institute of Standards and Technology 
and the Maritime Administration, shall design a performance test for 
ballast water exchange (such as a dye study) to measure the 
effectiveness of ballast water exchange.
    ``(c) National Academy of Sciences Study.--
            ``(1) In general.--The Secretary shall enter into an 
        agreement with the National Academy of Sciences under which the 
        Academy shall--
                    ``(A) identify the relative risk of transfer of 
                various taxonomic groups of invasive species by 
                different vessel modes;
                    ``(B)(i) assess the extent to which a ballast water 
                standard that virtually eliminates the risk of 
                introduction of invasive species by ballast water may 
                relate to the risk of introductions by all vessel 
                modes; and
                    ``(ii) explain the degree of uncertainty in such an 
                assessment; and
                    ``(C)(i) recommend methods for reducing the 
                transfers of invasive species by vessels by addressing 
                all parts and systems of vessels and all related modes 
                of transport of invasive organisms; and
                    ``(ii) identify the research, development, and 
                demonstration needed to improve the information base to 
                support those methods, including economic information.
            ``(2) Report.--Not later than 2 years after the date of 
        enactment of the National Oceans Protection Act of 2005, the 
        Secretary shall submit to Congress a report that describes the 
        results of the study under paragraph (1).
            ``(3) Implementation of recommendations.--Not later than 
        the later of the date that is 1 year after the date of 
        submission of the report under paragraph (2) or the date that 
        is 3 years after the date of enactment of the National Oceans 
        Protection Act of 2005, the Task Force, in conjunction with the 
        Administrator, administering agencies, and other appropriate 
        Federal agencies, shall submit to the Secretary a report that 
        describes recommendations for--
                    ``(A) a vessel pathway treatment standard that 
                incorporates all potential modes of transfer by vessel; 
                and
                    ``(B) methods for type approval and accurate 
                monitoring of treatment performance that are simple and 
                streamlined and follow established protocols.
    ``(d) Working Group.--
            ``(1) In general.--Not later than 2 years after the date of 
        issuance by the Secretary of any standard relating to the 
        introduction by vessels of invasive species, the Secretary 
        shall convene a working group (including the Administrator, the 
        administering agencies, and other appropriate Federal and State 
        agencies and academic researchers) to evaluate the 
        effectiveness of that standard and accompanying implementation 
        protocols.
            ``(2) Duties.--The duties of the working group shall 
        include, at a minimum--
                    ``(A) reviewing the effectiveness of the standard 
                in reducing the establishment of invasive species in 
                aquatic ecosystems, taking into consideration the data 
                collected under section 1106; and
                    ``(B) submitting recommendations to the Secretary 
                (who shall make the recommendations widely available to 
                the public) for the revision of the standard and type 
                approval process in order to ensure--
                            ``(i) effectiveness in reducing 
                        introductions of invasive species; and
                            ``(ii) the effectiveness of accurate 
                        shipboard monitoring of treatment performance 
                        in a simple and streamlined manner.''.

SEC. 724. GRADUATE EDUCATION IN SYSTEMATICS AND TAXONOMY.

    Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 
723) is amended by adding at the end the following:

``SEC. 1111. RESEARCH IN SYSTEMATICS AND TAXONOMY.

    ``(a) In General.--The National Science Foundation shall establish 
a program to award grants to researchers at institutions of higher 
education and museums to carry out research in systematics and 
taxonomy.
    ``(b) Purposes.--The purposes of the program are--
            ``(1) to encourage scientists to pursue careers in 
        systematics and taxonomy to ensure a continuing knowledge base 
        in those disciplines;
            ``(2) to ensure that there will be adequate expertise in 
        systematics and taxonomy to meet Federal, State, and local 
        needs to identify invasive species;
            ``(3) to develop that expertise throughout the United 
        States with an emphasis on regional diversity; and
            ``(4) to draw on existing expertise in systematics and 
        taxonomy at institutions of higher education and museums to 
        train the next generation of systematists and taxonomists.
    ``(c) Administration.--
            ``(1) Merit review.--Grants awarded through this section 
        shall be awarded through a competitive, peer-reviewed process 
        and shall be merit-based.
            ``(2) Preferences.--In making grants under this section, 
        the National Science Foundation shall provide a preference 
        for--
                    ``(A) projects in a diverse set of ecosystems and 
                geographic locations;
                    ``(B) if applicable, projects that are integrated 
                with the Long Term Ecological Research Network created 
                by the National Science Foundation;
                    ``(C) projects that include student participation; 
                and
                    ``(D) projects carried out by institutions of 
                higher education and museums that actively train 
                students to become experts in systematics and 
                taxonomy.''.

                        Subtitle D--Coordination

SEC. 731. PROGRAM COORDINATION.

    (a) Membership of Task Force.--Section 1201(b) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is 
amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) by redesignating paragraph (7) as paragraph (12); and
            (3) by inserting after paragraph (6) the following:
            ``(7) the Director of the United States Geological Survey;
            ``(8) the Director of the Smithsonian Environmental 
        Research Center;
            ``(9) the Secretary of State;
            ``(10) the Secretary of Transportation;
            ``(11) the Secretary of Homeland Security; and''.
    (b) Coordination With Invasive Species Council.--Section 1201(f) of 
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
(16 U.S.C. 4721(f)) is amended--
            (1) by striking ``Each Task Force member'' and inserting 
        the following:
            ``(1) In general.--Each member of the Task Force''; and
            (2) by adding at the end the following:
            ``(2) Invasive species council.--The Invasive Species 
        Council shall--
                    ``(A) coordinate and cooperate with the Task Force 
                in carrying out the duties of the Invasive Species 
                Council relating to aquatic invasive species;
                    ``(B) not later than 2 years after the date of 
                enactment of the National Oceans Protection Act of 
                2005, and every 3 years thereafter, submit to Congress 
                a report that summarizes the status of the conduct of 
                activities authorized by and required under this Act; 
                and
                    ``(C) establish any regional panels or task forces 
                in coordination with the regional panels of the Task 
                Force convened under section 1203.''.
    (c) Coordination With Other Programs.--Section 1202(c) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4722(c)) is amended by adding at the end the following:
            ``(3) Recommendations for lists.--
                    ``(A) In general.--The Task Force shall annually 
                recommend to Federal agencies of jurisdiction such 
                additions of aquatic invasive species as the Task Force 
                determines to be appropriate for inclusion on--
                            ``(i) any list of species of wildlife 
                        covered by section 42 of title 18, United 
                        States Code (including regulations); or
                            ``(ii) any list of noxious weeds under the 
                        Plant Protection Act (7 U.S.C. 7701 et seq.) 
                        (including regulations promulgated under that 
                        Act contained in part 360 of title 7, Code of 
                        Federal Regulations (or any successor 
                        regulations)).
                    ``(B) Process.--The Task Force may use the 
                screening process developed pursuant to section 1105 to 
                identify species pursuant to subparagraph (A).''.
    (d) Regional Coordination.--Section 1203 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is 
amended by adding at the end the following:
    ``(d) Annual Inter-Regional Meeting.--The Task Force shall annually 
convene all regional panels established pursuant to this Act for the 
purpose of information transfer between and among panels, and between 
the panels and the Task Force, regarding aquatic invasive species 
management.
    ``(e) Organizations.--
            ``(1) In general.--An interstate organization that has a 
        Federal charter authorized by law or executive order for 
        purposes of fisheries or natural resource management may 
        develop and implement--
                    ``(A) regional aquatic invasive species management 
                plans; and
                    ``(B) rapid response activities that are--
                            ``(i) requested by the Governors of the 
                        member States of the organization; and
                            ``(ii) consistent with any relevant State 
                        aquatic invasive species management plans.
            ``(2) Funds.--The interstate organization may receive funds 
        under this Act to implement activities under the regional 
        aquatic invasive species management plan of the 
        organization.''.
    (e) State Aquatic Invasive Species Management Plans.--Section 
1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4724(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by inserting before the 
                semicolon at the end the following: ``, including, in 
                accordance with guidelines issued by the Task Force 
                under paragraph (5)--
                            ``(i) rapid assessment and response 
                        contingency strategies under section 1211;
                            ``(ii) early detection strategies under 
                        section 1211(b)(4); and
                            ``(iii) aquatic plant control programs 
                        conducted pursuant to other laws''; and
                    (B) in subparagraph (D), by inserting ``include'' 
                after ``(D)''; and
            (2) by adding at the end the following:
            ``(5) Guidelines.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the National Oceans Protection Act 
                of 2005, the Task Force shall amend the guidelines of 
                the Task Force for the development of plans under this 
                subsection, including guidelines for reporting progress 
                in implementing the plans, to encourage consistency in 
                implementation of and reporting under those plans.
                    ``(B) Guidelines.--The guidelines published under 
                subparagraph (A) shall include, for the purpose of 
                paragraph (2)(A), guidelines concerning--
                            ``(i) rapid response contingency strategies 
                        under section 1211;
                            ``(ii) early detection strategies under 
                        section 1211(b)(4);
                            ``(iii) aquatic plant control programs 
                        conducted pursuant to other laws; and
                            ``(iv) the review and revision of 
                        requirements of this subsection and the 
                        reapproval process under this subsection.
            ``(6) Relationship to other plans.--
                    ``(A) In general.--A plan approved under paragraph 
                (4) shall be deemed to meet any State planning 
                requirement of the program established under section 
                104 of the River and Harbor Act of 1958 (33 U.S.C. 610) 
                for a plan to control noxious aquatic plant growths.
                    ``(B) Enforcement.--Funds provided to States for 
                implementation of plans pursuant to section 1204 may be 
                used by States to enforce requirements relating to 
                aquatic invasive species under the Plant Protection Act 
                (7 U.S.C. 7701 et seq.) (including regulations 
                promulgated under that Act contained in part 360 of 
                title 7, Code of Federal Regulations (or any successor 
                regulations)).
            ``(7) Eligibility of existing plans.--A plan approved under 
        this section as of the day immediately before the date of 
        enactment of the National Oceans Protection Act of 2005 shall 
        be eligible to receive a grant awarded under this section.
            ``(8) Review and revision.--
                    ``(A) In general.--Each State shall periodically 
                review and, as necessary, revise the management plan of 
                the State in accordance with guidelines of the Task 
                Force.
                    ``(B) Update of existing plans.--A plan approved 
                under this section as of the day immediately before the 
                date of enactment of the National Oceans Protection Act 
                of 2005 shall be updated after the date of enactment of 
                the National Oceans Protection Act of 2005 to conform 
                to the guidelines published under paragraph (5).
            ``(9) Other state management plans.--In addition to the 
        management plans required under this subsection, the Director 
        shall encourage each State to develop and implement new, and 
        expand existing, State management plans to improve State 
        actions to prevent and control aquatic invasive species.''.
    (f) Grant Program.--Section 1204(b)(1) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is 
amended by striking ``subsection (a) for the implementation of those 
plans.'' and inserting the following: ``subsection (a)--
                    ``(A) to develop those plans with a total amount 
                that does not exceed 10 percent of the amounts made 
                available for grants under this section for each fiscal 
                year; and
                    ``(B) to implement those plans.''.

SEC. 732. INTERNATIONAL COORDINATION.

    (a) In General.--Subtitle E of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4751 et seq.) is 
amended--
            (1) by striking the subtitle heading and inserting the 
        following:

                    ``Subtitle E--Administration'';

        and
            (2) by adding at the end the following:

``SEC. 1402. INTERNATIONAL COORDINATION.

    ``(a) In General.--The Task Force, the Invasive Species Council, 
and the Secretary of State shall, to the maximum extent practicable, 
ensure that international efforts to prevent, detect, monitor, assess, 
and control aquatic invasive species (including through the 
International Maritime Organization, the International Convention on 
the Exploration of the Sea, the Global Invasive Species Program, and 
other appropriate programs) are coordinated with policies of the United 
States established by this Act.
    ``(b) Coordination With Neighboring Countries.--
            ``(1) In general.--The Task Force, in consultation with the 
        Secretary of State, shall include in the report required by 
        section 1202(m) a description of the means by which 
        international agreements and regulations with countries that 
        share a border with the United States will be implemented and 
        enforced by Federal agencies (including a clarification of the 
        roles and responsibilities of those agencies).
            ``(2) Negotiations.--As soon as practicable after the date 
        of enactment of the National Oceans Protection Act of 2005, the 
        Secretary of State may enter into negotiations with--
                    ``(A) Canada to issue a request that the 
                International Joint Commission, not later than 18 
                months after the date of enactment of that Act, review, 
                research, conduct hearings on, and submit to the 
                parties represented on the International Joint 
                Commission a report that describes the success of 
                current policies of governments in the United States 
                and Canada having jurisdiction over the Great Lakes in 
                anticipating and preventing biological invasions of the 
                aquatic ecosystem in the Great Lakes, including--
                            ``(i) an analysis of current Federal, State 
                        or Provincial, local, and international laws, 
                        enforcement practices, and agreements;
                            ``(ii) an analysis of prevention efforts 
                        relating to all likely pathways for biological 
                        invasions of the aquatic ecosystem in the Great 
                        Lakes; and
                            ``(iii) recommendations of the 
                        International Joint Commission for means by 
                        which to improve and harmonize the policies and 
                        enforcement practices referred to in clause 
                        (i); and
                    ``(B) Mexico, to ensure coordination of efforts of 
                the United States with efforts of Mexico to manage 
                invasive species established in the United States-
                Mexico border region.''.

              Subtitle E--Authorization of Appropriations

SEC. 741. AUTHORIZATION OF APPROPRIATIONS.

    Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4741) is amended to read as follows:

``SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--Except as otherwise provided in this section, 
there are authorized to be appropriated such sums as are necessary to 
carry out this Act for each of fiscal years 2006 through 2010.
    ``(b) Task Force and Aquatic Invasive Species Program.--There are 
authorized to be appropriated for each of fiscal years 2006 through 
2010--
            ``(1) $8,000,000, to carry out activities of the Task Force 
        under section 1202, of which--
                    ``(A) $4,000,000 shall be used by the Director;
                    ``(B) $3,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(C) $1,000,000 shall be used by the Invasive 
                Species Council;
            ``(2) $30,000,000, to provide grants under section 1204(b); 
        and
            ``(3) $3,000,000, to provide assistance to the regional 
        panels of the Task Force.
    ``(c) International Coordination.--There is authorized to be 
appropriated to the Department of State to carry out section 1403 
$1,000,000 for each of fiscal years 2006 through 2010.
    ``(d) Prevention of Introduction by Vessels of Aquatic Invasive 
Species Into Waters of the United States.--There are authorized to be 
appropriated for each of fiscal years 2006 through 2010--
            ``(1) $6,000,000, to be used by the Secretary to carry out 
        section 1101;
            ``(2) $2,500,000, to be used by the Administrator to carry 
        out section 1101; and
            ``(3) $2,750,000, to be used by the Task Force to carry out 
        section 1101, of which--
                    ``(A) $1,500,000 shall be used by the Director; and
                    ``(B) $1,250,000 shall be used by the National 
                Oceanic and Atmospheric Administration.
    ``(e) Prevention of the Introduction by Nonvessel Pathways of 
Aquatic Invasive Species Into Waters of the United States.--There are 
authorized to be appropriated for each of fiscal years 2006 through 
2010 $5,000,000, to carry out the priority pathway management program 
under section 1210, of which--
            ``(1) $2,000,000 shall be used by the National Oceanic and 
        Atmospheric Administration; and
            ``(2) $3,000,000 shall be used by the Director.
    ``(f) Early Detection and Monitoring.--There is authorized to be 
appropriated, to carry out early detection, monitoring, and survey 
planning and implementation under section 1106, $2,000,000 for each of 
fiscal years 2006 and 2007 and $10,000,000 for each of fiscal years 
2008 through 2010, of which--
            ``(1) for each of fiscal years 2006 and 2007--
                    ``(A) $1,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $1,000,000 shall be used by the Director; and
            ``(2) for each of fiscal years 2008 through 2010--
                    ``(A) $5,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $5,000,000 shall be used by the Director.
    ``(g) Containment and Control.--
            ``(1) Dispersal barriers.--There are authorized to be 
        appropriated for each of fiscal years 2006 through 2010--
                    ``(A) $300,000, to be used by the Assistant 
                Secretary in carrying out operation and maintenance of 
                the Chicago River Canal Dispersal Barrier under section 
                1202(j)(1);
                    ``(B) $1,800,000, to be used by the Assistant 
                Secretary in carrying out the complete construction of 
                the Chicago River Canal Dispersal Barrier;
                    ``(C) $8,000,000, to be used by the Assistant 
                Secretary for the construction of a second long-service 
                life barrier for the Chicago River Canal;
                    ``(D) $500,000, to be used by the Assistant 
                Secretary to carry out a feasibility study for the 
                construction described in subparagraph (C); and
                    ``(E) $2,150,000, to be used by the Director to 
                carry out the monitoring program under section 
                1202(j)(2).
            ``(2) Rapid response.--There are authorized to be 
        appropriated for each of fiscal years 2006 through 2010--
                    ``(A) $25,000,000, to the Emergency Rapid Response 
                Fund established under section 1211(a), to remain 
                available until expended;
                    ``(B) $1,000,000, to be used by the Invasive 
                Species Council in developing the State and regional 
                rapid response contingency strategy under section 1211; 
                and
                    ``(C) $1,500,000, to be used for Federal rapid 
                response teams under section 1211(f), of which--
                            ``(i) $500,000 shall be used by the 
                        National Oceanic and Atmospheric 
                        Administration; and
                            ``(ii) $1,000,000 shall be used by the 
                        Director.
            ``(3) Environmental soundness.--There is authorized to be 
        appropriated for establishment under section 1202(k) of 
        criteria for the improvement of treatment methods for aquatic 
        invasive species $600,000 for each of fiscal years 2006 through 
        2010.
    ``(h) Information, Education and Outreach.--There are authorized to 
be appropriated for each of fiscal years 2006 through 2010--
            ``(1) $500,000, to be used by the Secretary of the Interior 
        to carry out the information and education program under 
        section 1202(h)(2)(D);
            ``(2) $750,000, to be used by the Director in carrying out 
        the 100th meridian program under section 1202(h)(2)(C);
            ``(3) $2,000,000, to be used to carry out informational and 
        educational activities of the Task Force under section 1202(h), 
        of which--
                    ``(A) $1,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $1,000,000 shall be used by the Director; and
            ``(4) $500,000, to be used by the National Oceanic and 
        Atmospheric Administration to carry out section 
        1202(h)(2)(B)(ii).
    ``(i) Research.--
            ``(1) Ecological and pathway research and analysis.--There 
        are authorized to be appropriated for each of fiscal years 2006 
        through 2010--
                    ``(A) $17,000,000, to be used by the National 
                Oceanic and Atmospheric Administration to carry out 
                sections 1106 and 1107, of which $13,000,000 shall be 
                used to carry out the grant program under section 
                1106(g));
                    ``(B) $4,000,000, to be used by the Smithsonian 
                Environmental Research Center to carry out sections 
                1106 and 1107;
                    ``(C) $4,500,000, to be used by the United States 
                Geological Survey to carry out sections 1106 and 1107, 
                of which $500,000 shall be used to develop, maintain, 
                and update the database required under section 
                1106(j)); and
                    ``(D) $1,650,000, to be used by the Great Lakes 
                Environmental Research Laboratory to carry out the 
                demonstration program under section 1202(i).
            ``(2) Dissemination.--There is authorized to be 
        appropriated to provide for the dissemination of information by 
        the Invasive Species Council under section 1108 $500,000 for 
        each of fiscal years 2006 through 2010.
            ``(3) Technology development, demonstration, and 
        verification.--There are authorized to be appropriated for each 
        of fiscal years 2006 through 2010--
                    ``(A) $2,500,000, to be used by the Administrator 
                for the purposes of environmental soundness screening 
                and improvement under section 1109(a);
                    ``(B) $1,000,000, to be used by the Assistant 
                Secretary to carry out the program under section 
                1109(b); and
                    ``(C) $7,500,000, to carry out vessel pathway 
                technology development under sections 1104 and 1301(e).
            ``(4) Vessel pathway standards research.--There are 
        authorized to be appropriated--
                    ``(A) for each of fiscal years 2006 through 2010, 
                $3,000,000, to be used for research in support of 
                vessels pathway standards and technology evaluation 
                under section 1110(a) of which--
                            ``(i) $1,500,000 shall be used by the 
                        Administrator; and
                            ``(ii) $2,000,000 shall be used by the 
                        Secretary of the Coast Guard;
                    ``(B) for each of fiscal years 2006 through 2008, 
                $500,000, to be used by the Coast Guard to carry out 
                the performance test required under section 1110(b); 
                and
                    ``(C) for fiscal year 2006, $500,000, to be used by 
                the Secretary of the Coast Guard to enter into an 
                agreement with the National Academy of Sciences to 
                carry out the study required under section 1110(c).
            ``(5) Research in systematics and taxonomy.--There is 
        authorized to be appropriated for the National Research 
        Foundation to provide research grants for systematics and 
        taxonomy under section 1111 $2,500,000 for each of fiscal years 
        2006 through 2010.''.

                   Subtitle F--Conforming Amendments

SEC. 751. CONFORMING AMENDMENTS.

    (a) In General.--The Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 is amended--
            (1) in section 1102 (16 U.S.C. 4712)--
                    (A) in subsection (a), by striking the subsection 
                heading and inserting the following:
    ``(a) Studies on Introduction of Aquatic Invasive Species by 
Vessels.--''; and
                    (B) in subsection (b)--
                            (i) by striking paragraph (1); and
                            (ii) by redesignating paragraphs (2) and 
                        (3) as paragraphs (1) and (2), respectively;
            (2) in subtitle C (16 U.S.C. 4721 et seq.), by striking the 
        subtitle heading and inserting the following:

   ``Subtitle C--Prevention and Control of Aquatic Invasive Species 
                              Dispersal'';

            (3) in section 1201(a) (16 U.S.C. 4721(a)), by striking 
        ``Nuisance Species'' and inserting ``Invasive Species'';
            (4) in section 1202 (16 U.S.C. 4722), by striking the 
        section heading and inserting the following:

``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.'';

            (5) in section 1204 (16 U.S.C. 4724), by striking the 
        section heading and inserting the following:

``SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.'';

        and
            (6) by striking ``aquatic nuisance species'' each place it 
        appears and inserting ``aquatic invasive species''.
    (b) Short Title.--
            (1) In general.--Section 1001 of the Nonindigenous Aquatic 
        Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701) is 
        amended by striking ``Nonindigenous Aquatic Nuisance'' and 
        inserting ``Nonindigenous Aquatic Invasive Species''.
            (2) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 shall be deemed to be a reference to the Nonindigenous 
        Aquatic Invasive Species Prevention and Control Act of 1990.

                   TITLE VIII--CONTAMINATED SEDIMENTS

SEC. 801. DESIGNATION OF SITES.

    (a) Consultation.--Section 102(c)(3) of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(3)) is amended 
in the second sentence by inserting before the period at the end the 
following: ``and, not later than 3 years after the date of enactment of 
the National Oceans Protection Act of 2005, consult with each other 
concerning development and implementation of the plans''.
    (b) Disposal Impact Evaluation and Reports.--Section 102(c)(4) of 
the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 
1412(c)(4)) is amended--
            (1) in the first sentence, by striking ``After'' and 
        inserting the following:
                    ``(A) Management plans.--
                            ``(i) In general.--After'';
            (2) in the second sentence, by striking ``Beginning'' and 
        inserting the following:
                    ``(B) Prohibitions.--
                            ``(i) In general.--Beginning'';
            (3) in the last sentence, by striking ``Beginning'' and 
        inserting the following:
                            ``(ii) Newport beach, california.--
                        Beginning''; and
            (4) in subparagraph (A) (as designated by paragraph (1)), 
        by adding at the end the following:
                            ``(ii) Disposal impact evaluation and 
                        reports.--
                                    ``(I) In general.--As part of the 
                                management plan required for a site, 
                                the Administrator shall evaluate the 
                                impact of disposal at the site and 
                                submit, as part of an annual report to 
                                Congress, a report describing the 
                                impact.
                                    ``(II) Administration.--In making 
                                the evaluation and preparing the 
                                report, the Administrator shall 
                                consider the types of effects, and make 
                                the determinations, required under 
                                section 228.10 of title 40, Code of 
                                Federal Regulations (or a successor 
                                regulation).
                                    ``(III) Modification or closure of 
                                sites.--As part of the report, the 
                                Administrator shall list sites that are 
                                or should be modified or closed and 
                                describe remedial action that is 
                                necessary for such sites.''.

SEC. 802. SEDIMENT QUALITY SURVEY, MONITORING, CRITERIA, AND STANDARDS.

    (a) In General.--Section 304(a) of the Federal Water Pollution 
Control Act (33 U.S.C. 1314(a)) is amended by adding at the end the 
following:
            ``(10) Sediment quality survey, monitoring, criteria, and 
        standards.--
                    ``(A) Definition of contaminated sediment.--In this 
                paragraph, the term `contaminated sediment' means 
                aquatic sediment that--
                            ``(i) contains a pollutant or naturally 
                        occurring substance in excess of appropriate 
                        geochemical, toxicological, or sediment quality 
                        criteria or measures; or
                            ``(ii) is otherwise considered by the 
                        Administrator to pose a threat to human health 
                        or the environment.
                    ``(B) Survey.--
                            ``(i) In general.--The Administrator, in 
                        consultation with the Administrator of the 
                        National Oceanic and Atmospheric 
                        Administration, the Secretary of the Army, 
                        local agencies, and other interested persons, 
                        shall--
                                    ``(I) conduct a comprehensive 
                                national survey of data regarding 
                                aquatic sediment quality in the United 
                                States;
                                    ``(II) compile all available 
                                information on the quantity, chemical 
                                and physical composition, and 
                                geographic location of pollutants in 
                                aquatic sediment, including the 
                                probable sources and nonpoint sources 
                                of the pollutants and identification of 
                                those sediments that are contaminated 
                                sediments; and
                                    ``(III) not later than October 31, 
                                2006, submit to Congress the findings, 
                                conclusions, and recommendations of the 
                                survey, including recommendations for 
                                actions necessary to prevent 
                                contamination of aquatic sediments and 
                                to control sources of contamination.
                            ``(ii) Update.--Not later than 2 years 
                        after the date of enactment of this paragraph, 
                        the Administrator shall--
                                    ``(I) update the survey required 
                                under clause (i)(I); and
                                    ``(II) submit to Congress a report 
                                described in clause (i)(III) on the 
                                updated survey.
                    ``(C) Monitoring.--
                            ``(i) In general.--The Administrator, in 
                        consultation with the Administrator of the 
                        National Oceanic and Atmospheric Administration 
                        and the Secretary of the Army, shall conduct a 
                        comprehensive and continuing program to monitor 
                        aquatic sediment quality that, at a minimum--
                                    ``(I) identifies the location of 
                                pollutants in aquatic sediment;
                                    ``(II) identifies the extent of 
                                pollutants in sediment (including in 
                                contaminated sediment);
                                    ``(III) establishes methods and 
                                protocols for monitoring the physical, 
                                chemical, and biological effects of 
                                pollutants in aquatic sediment and 
                                contaminated sediment;
                                    ``(IV) develops a system for the 
                                management, storage, and dissemination 
                                of data concerning aquatic sediment 
                                quality;
                                    ``(V) provides an assessment of 
                                aquatic sediment quality trends over 
                                time;
                                    ``(VI) identifies locations at 
                                which pollutants in sediment may pose a 
                                threat to the quality of drinking water 
                                supplies, fisheries resources, and 
                                marine habitats; and
                                    ``(VII) establishes a clearinghouse 
                                for information on technology, methods, 
                                and practices available for the 
                                remediation, decontamination, and 
                                control of sediment contamination.
                            ``(ii) Report.--Not later than October 31, 
                        2005, and biennially thereafter, the 
                        Administrator shall submit to Congress a report 
                        on the findings of the monitoring under clause 
                        (i).
                    ``(D) Criteria and standards.--
                            ``(i) In general.--Not later than 3 years 
                        after the date of enactment of this paragraph, 
                        in carrying out paragraph (1), the 
                        Administrator, in consultation with the 
                        Administrator of the National Oceanic and 
                        Atmospheric Administration and after public 
                        notice and comment, shall promulgate sediment 
                        quality criteria and standards that are fully 
                        protective of the most sensitive aquatic 
                        species at their most sensitive life stages.
                            ``(ii) Information.--The criteria and 
                        standards shall be based on the best available 
                        scientific information from Federal, regional, 
                        State, and local agencies, the private sector, 
                        and academic institutions.''.
    (b) Conforming Amendments.--
            (1) Section 503 of the Water Resources Development Act of 
        1992 (33 U.S.C. 1271) is repealed.
            (2) Section 501(b) of the Water Resources Development Act 
        of 1992 (106 Stat. 4864) is amended by striking ``purposes of 
        sections 502 and 503 of this title'' and inserting ``purpose of 
        section 502''.

SEC. 803. NO PREEMPTION OF STATE OR LOCAL AUTHORITY.

    Nothing in this title or any amendment made by this title preempts 
or otherwise affects the authority of a State or local government to 
establish or enforce any standard that is more stringent than a 
standard established under this title or an amendment made by this 
title.

                   TITLE IX--OCEANS AND WATER QUALITY

SEC. 901. WATER QUALITY CRITERIA AND STANDARDS FOR DISCHARGES OF 
              NUTRIENTS.

    (a) Effluent Limitations.--
            (1) In general.--Section 301(b) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1311(b)) is amended--
                    (A) in paragraph (2)(F), by striking the period at 
                the end and inserting a semicolon;
                    (B) in paragraph (3)(B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) for any advanced wastewater treatment standards in 
        accordance with section 304(d)(5), compliance as expeditiously 
        as practicable, but in no case later than 3 years after the 
        date on which the standards are promulgated under that 
        section.''.
            (2) Conforming amendments.--
                    (A) Section 301(d) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1311(d)) is amended by striking 
                ``paragraph (2)'' and inserting ``paragraphs (2) and 
                (4)''.
                    (B) Section 302 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1312) is amended--
                            (i) in subsection (a), by striking 
                        ``section 301(b)(2) of this Act'' and inserting 
                        ``paragraph (2) or (4) of section 301(b)''; and
                            (ii) in subsection (b)(2)(B)(ii), by 
                        striking ``section 301(b)(2)'' and inserting 
                        ``paragraph (2) or (4) of section 301(b)''.
    (b) Standards for Nutrients.--Section 303(c)(2) of the Federal 
Water Pollution Control Act (33 U.S.C. 1313(c)(2)) is amended--
            (1) in subparagraph (B)--
                    (A) in the first sentence--
                            (i) by inserting ``and, not later than 3 
                        years after the date of promulgation of 
                        standards for nutrients under paragraph (5), 
                        for all criteria under section 304(a)(11) on 
                        which those standards for nutrients are 
                        based,'' after ``304(a),''; and
                            (ii) by inserting ``toxic pollutants or 
                        nutrients'' after ``presence of which'';
                    (B) in the second sentence, by inserting ``and 
                nutrients'' after ``pollutants''; and
            (2) by adding at the end the following:
                    ``(C) Water quality standards for nutrients.--Not 
                later than 1 year after the date of publication of 
                water quality criteria for nutrients under 
                subparagraphs (A)(i) and (B)(i) of section 304(a)(11), 
                each State shall establish, in accordance with this 
                subsection, water quality standards that implement the 
                criteria published under those subparagraphs in the 
                State.''.
    (c) Criteria for Nutrients.--Section 304(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)) (as amended by section 
802(a)) is amended by adding at the end the following:
            ``(11) Criteria for nutrients.--
                    ``(A) Coastal and estuarine waters.--Not later than 
                5 years after the date of enactment of this paragraph, 
                the Administrator shall publish in the Federal Register 
                final ecoregional, numeric water quality criteria for 
                nutrients in coastal and estuarine waters of the United 
                States (including waters of the contiguous zone and the 
                territorial seas).
                    ``(B) Freshwater.--Not later than 1 year after the 
                date of enactment of this paragraph, the Administrator 
                shall publish in the Federal Register final 
                ecoregional, numeric water quality criteria for 
                nutrients in bodies of freshwater in the United 
                States.''.
    (d) Advanced Wastewater Treatment Standards for Nutrient Removal.--
Section 304(d) of the Federal Water Pollution Control Act (33 U.S.C. 
1314(d)) is amended by adding at the end the following:
            ``(5) Advanced wastewater treatment standards for nutrient 
        removal.--
                    ``(A) In general.--As soon as practicable, but in 
                no case later than 3 years, after the date of enactment 
                of this paragraph, based on the best available 
                technology, the Administrator, after consultation with 
                appropriate Federal and State agencies and other 
                interested persons, shall promulgate advanced 
                wastewater treatment standards for the removal of 
                nutrients from discharges into marine and estuarine 
                water and freshwater.
                    ``(B) Determination of standards.--In determining 
                the standards referred to in subparagraph (A), the 
                Administrator shall take into consideration the factors 
                specified in subsection (b)(2)(B).''.
    (e) Pretreatment Standards for Nutrients.--Section 307(d) of the 
Federal Water Pollution Control Act (33 U.S.C. 1317(d)) is amended by 
inserting ``, nutrient standard,'' after ``effluent standard'' each 
place it appears.

SEC. 902. CONTINUING PLANNING PROCESSES FOR TOTAL MAXIMUM DAILY LOADS.

    Section 303(e) of the Federal Water Pollution Control Act (33 
U.S.C. 1313(e)) is amended--
            (1) by striking ``(e)(1) Each State shall have a continuing 
        planning process approved under paragraph (2) of this 
        subsection which'' and inserting the following:
    ``(e) Continuing Planning Process.--
            ``(1) In general.--Each State shall have a continuing 
        planning process approved under paragraph (2) that'';
            (2) in paragraph (2), by striking ``(2) Each'' and all that 
        follows through the end of the first sentence and inserting the 
        following:
            ``(2) Submission.--Not later than 120 days after the date 
        of enactment of the Water Pollution Control Amendments of 1972, 
        each State shall submit to the Administrator, for approval, a 
        plan described in this subsection that is consistent with this 
        Act.'';
            (3) in paragraph (3)--
                    (A) by striking ``(3) The Administrator'' and 
                inserting the following:
            ``(3) Approval.--The Administrator'';
                    (B) by striking ``to him'' and inserting ``to the 
                Administrator'';
                    (C) by striking ``include the following:'' and 
                inserting ``include--'';
                    (D) in subparagraph (H), by striking the period at 
                the end and inserting a semicolon;
                    (E) by adjusting the indentation of subparagraphs 
                (A) through (H) so as to conform to the amendments made 
                by this subsection; and
                    (F) by adding at the end the following:
                    ``(I) an implementation plan for each total maximum 
                daily load approved under this Act;
                    ``(J) a description of measures to be taken to 
                ensure compliance with all applicable water quality 
                standards; and
                    ``(K) a description of special measures to be taken 
                by the State to protect sole source aquifers identified 
                under the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.), and outstanding national resource waters 
                identified under this Act, in the State.''; and
            (4) by adding at the end the following:
            ``(4) Updating of continuing planning process.--
                    ``(A) In general.--Not later than 3 years after the 
                date of enactment of this paragraph, and triennially 
                thereafter, each State shall update, and submit to the 
                Administrator the updated version of, the continuing 
                planning process of the State under this subsection.
                    ``(B) Approval or disapproval.--Not later than 1 
                year after the date on which the Administrator receives 
                an updated version of a continuing planning process 
                under subparagraph (A), the Administrator shall--
                            ``(i) approve the version;
                            ``(ii) disapprove the version; or
                            ``(iii) conditionally approve the version 
                        subject to approval by the Administrator of 
                        additional revisions.
                    ``(C) Conditional approval.--If the Administrator 
                conditionally approves an updated version of a 
                continuing planning process under subparagraph 
                (B)(iii), the Administrator shall--
                            ``(i) provide the State a period of time, 
                        not to exceed 1 year after the date of 
                        conditional approval of the version, during 
                        which the State submitting the version may 
                        revise and resubmit the version; and
                            ``(ii) not later than 90 days after the 
                        date on which the State resubmits the version, 
                        approve or disapprove the resubmitted version.
                    ``(D) Federal intervention.--If the Administrator 
                disapproves an updated version of a continuing planning 
                process of a State under subparagraph (B)(ii) or 
                (C)(ii), the Administrator shall, not later than 2 
                years after the date of disapproval, develop an 
                implementation plan for the State that--
                            ``(i) includes each total maximum daily 
                        load approved under this Act; and
                            ``(ii) ensures compliance with all 
                        applicable water quality standards.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator, for use in carrying 
        out paragraph (4) and assisting States in developing more 
        protective continuing planning processes under this subsection, 
        such sums as may be necessary for each of fiscal years 2006 
        through 2010.''.

SEC. 903. SANITARY SEWER OVERFLOWS.

    (a) Definition of Sanitary Sewer Overflow.--Section 502 of the 
Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by 
adding at the end the following:
            ``(24) Sanitary sewer overflow.--The term `sanitary sewer 
        overflow' means an overflow, spill, release, or diversion of 
        wastewater from a sanitary sewer system. The term includes an 
        overflow or release of wastewater that reaches waters of the 
        United States, an overflow or release of wastewater that does 
        not reach waters of the United States, and a wastewater backup 
        into a building that is caused by a blockage or flow conditions 
        in a sanitary sewer (including in a publicly owned building 
        lateral). The term does not include a combined sewer overflow 
        or other discharge from the combined portions of a combined 
        sewer system, or a wastewater backup into a building caused by 
        a blockage or other malfunction of a building lateral that is 
        privately owned.''.
    (b) Sanitary Sewer Overflows.--
            (1) In general.--Title III of the Federal Water Pollution 
        Control Act (33 U.S.C. 1311 et seq.) is amended by adding at 
        the end the following:

``SEC. 321. SANITARY SEWER OVERFLOWS.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this section, the owner or operator of a publicly owned 
treatment works (as defined in section 212), under a permit issued 
under this section, shall--
            ``(1) institute and use a methodology, technology, or 
        management program that will alert the owner or operator to the 
        occurrence of a sanitary sewer overflow in a timely manner;
            ``(2) notify the public of a sanitary sewer overflow in any 
        area in which the overflow has the potential to affect human 
        health;
            ``(3) notify the public as soon as practicable within 24 
        hours of the time at which the owner or operator becomes aware 
        of the sanitary sewer overflow;
            ``(4) immediately notify public health authorities and 
        owners and operators of other affected entities, such as public 
        water systems, of any sanitary sewer overflow that may 
        imminently and substantially endanger human health;
            ``(5) provide to the Administrator (or the State, in the 
        case of a State that has a permit program approved under this 
        section) an oral and a written or electronic report as soon as 
        practicable, but not later than 24 hours, after the time at 
        which the owner or operator becomes aware of the sanitary sewer 
        overflow;
            ``(6) provide to the Administrator or the State, as the 
        case may be, not later than 5 days after the date on which the 
        owner or operator becomes aware of the sanitary sewer overflow 
        a written report describing--
                    ``(A) the magnitude, duration, and suspected cause 
                of the sanitary sewer overflow;
                    ``(B) the steps taken or planned to reduce, 
                eliminate, and prevent recurrence of the sanitary sewer 
                overflow; and
                    ``(C) the steps taken or planned to mitigate the 
                impact of the sanitary sewer overflow;
            ``(7) report all sanitary sewer overflows to waters of the 
        United States on its monthly discharge monitoring report to the 
        Administrator or the State, as the case may be; and
            ``(8) report to the Administrator or the State, as the case 
        may be, the total number of sanitary sewer overflows (including 
        sanitary sewer overflows that do not reach any waters of the 
        United States) in a calendar year, including the details of--
                    ``(A) the quantity of wastewater that was released 
                in each sanitary sewer overflow;
                    ``(B) the duration of each sanitary sewer overflow;
                    ``(C) the location of the sanitary sewer overflow 
                and any potentially affected receiving waters;
                    ``(D) the responses taken to clean up the sanitary 
                sewer overflow; and
                    ``(E) the actions taken to mitigate impacts and 
                avoid further sanitary sewer overflows at the site.
    ``(b) Database.--The Administrator shall establish, maintain, and 
make available to the public by electronic and other means a unified, 
national sewage spill occurrence database that--
            ``(1) permits full access from a single point of entry; and
            ``(2) includes--
                    ``(A) the information reported to the Administrator 
                under subsection (a)(8);
                    ``(B) the information on sewage spills from 
                combined sewage overflows reported in monthly discharge 
                monitoring reports or under subsection (a)(7); and
                    ``(C) such other information concerning sewage 
                spill incidents made available to the Administrator 
                under Federal or State spill reporting requirements as 
                the Administrator determines to be appropriate.
    ``(c) Report to EPA.--If a State receives a report under paragraph 
(1)(H), the State shall annually submit to the Administrator a report 
that contains the summarized details of reported sanitary sewer 
overflows that occurred in the State during the calendar year covered 
by the report.''.
            (2) Conforming amendment.--Section 402(a)(1) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1342(a)(1)) is amended 
        by inserting ``321,'' after ``308,''.

SEC. 904. STORMWATER RUNOFF FROM CONSTRUCTION AND DEVELOPMENT ACTIVITY.

    Section 402(p) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(p)) is amended by adding at the end the following:
            ``(7) Stormwater runoff from construction and development 
        activity.--As soon as practicable, but in no case later than 3 
        years, after the date of enactment of this paragraph, the 
        Administrator shall issue effluent limitation guidelines for 
        the construction and development industry that are based on 
        standards of performance for the construction and development 
        industry under section 306.''.

SEC. 905. BEACH WATER TESTING.

    Section 406 of the Federal Water Pollution Control Act (33 U.S.C. 
1346) is amended--
            (1) in subsection (b)(3)(A)(i), by striking ``subsection 
        (c)'' and inserting ``subsections (c), (e), and (f)'';
            (2) by redesignating subsections (e) through (i) as 
        subsections (g) through (k);
            (3) in subsection (j) (as redesignated by paragraph (2))--
                    (A) by striking ``subsection (g)(1)(B)'' and 
                inserting ``subsection (h)(1)(B)''; and
                    (B) by striking ``subsection (i)'' and inserting 
                ``subsection (k)'';
            (4) in subsection (k) (as redesignated by paragraph (2)), 
        by striking ``subsection (h)'' and inserting ``subsection 
        (j)''; and
            (5) by inserting after subsection (d) the following:
    ``(e) Routine Monitoring.--
            ``(1) In general.--Each Federal, State, and local program 
        for monitoring and notification shall classify all recreational 
        waters within the jurisdiction of the program into high-, 
        medium-, and low-risk categories in accordance with the 
        publication entitled `National Beach Guidance and Required 
        Performance Criteria for Grants' (EPA-823-B-02-0041).
            ``(2) High and medium risk waters.--During the recreational 
        season of the area served by a program described in paragraph 
        (1), the Administrator (with respect to waters described in 
        subsection (d)) or the State (in the case of waters described 
        in subsection (c)(1)) shall monitor any water classified as 
        high- or medium-risk under paragraph (1).
            ``(3) Closings and public advisories.--If a water sample is 
        collected that does not meet applicable water quality 
        standards, the Administrator or State shall close, or issue a 
        public advisory relating to, any affected beach--
                    ``(A) as soon as practicable; but
                    ``(B) not later than 48 hours after the sample is 
                collected.
            ``(4) Reopening and removing public advisories.--Before 
        reopening, or removing a public advisory relating to, a beach 
        described in paragraph (3), the Administrator or State shall 
        collect at least 1 sample that meets applicable water quality 
        standards.
    ``(f) Testing and Notification After Significant Rain Events.--
            ``(1) In general.--Each Federal, State, and local program 
        for monitoring and notification shall--
                    ``(A) establish a definition of the term 
                `significant rain event' relating to each beach within 
                the jurisdiction of the program; and
                    ``(B) require the conduct of, at the option of the 
                program--
                            ``(i) the testing and notification 
                        described in paragraph (2); or
                            ``(ii) the preemptive action and testing 
                        described in paragraph (3).
            ``(2) Testing and notification.--
                    ``(A) Testing.--Not later than 8 hours after the 
                onset of a significant rain event, the Administrator 
                (with respect to waters described in subsection (d)) or 
                the State (in the case of waters described in 
                subsection (c)(1)) shall test waters described in 
                subsections (c)(1) and (d) to determine whether the 
                waters meet applicable water quality standards.
                    ``(B) Public advisories and closings.--As soon as 
                practicable, but not later than 48 hours after the 
                onset of a significant rain event, if the Administrator 
                or a State determines under subparagraph (A) that the 
                waters fail to meet applicable water quality standards, 
                the Administrator or State shall--
                            ``(i) issue to the media and post on all 
                        affected beaches an advisory that the waters 
                        failed to meet applicable water safety 
                        standards; or
                            ``(ii) close any affected beach.
                    ``(C) Removal of advisories and reopenings.--The 
                Administrator or State may remove an advisory under 
                subparagraph (B)(i), or reopen a beach closed under 
                subparagraph (B)(ii)--
                            ``(i) as soon as practicable after the 
                        Administrator or State collects at least 1 
                        water sample that meets applicable water 
                        quality standards; or
                            ``(ii) 72 hours after the end of the 
                        significant rain event, as determined by the 
                        Administrator or State.
            ``(3) Preemptive action and testing.--
                    ``(A) In general.--If a Federal, State, or local 
                program for monitoring and notification described in 
                paragraph (1) elects not to require the conduct of the 
                testing and public advisories described in paragraph 
                (2), the program shall require the issuance of 
                preemptive beach closures or advisories for each 
                significant rain event described in paragraph (2)(A) 
                that, as determined in accordance with the model 
                described in subparagraph (B), is large enough to pose 
                a significant risk of violation of 1 or more 
                recreational water quality standards established under 
                section 304(a)(9).
                    ``(B) Models.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of this 
                        subparagraph, and annually thereafter, each 
                        Federal, State, and local program for 
                        monitoring and notification described in 
                        subparagraph (A) shall develop a predictive 
                        rainfall model in accordance with the 
                        publication entitled `Review of Potential 
                        Modeling Tools and Approaches to Support the 
                        BEACH Program' (Office of Science and 
                        Technology 823-R-99-002).
                            ``(ii) Requirements.--A model under this 
                        subparagraph shall--
                                    ``(I) be based on an evaluation of 
                                the beach closure and advisory records 
                                and causes for the preceding calendar 
                                year; and
                                    ``(II) be calibrated and 
                                statistically validated.''.

SEC. 906. AGRICULTURAL BEST MANAGEMENT PRACTICES.

    Section 303 of the Federal Water Pollution Control Act (33 U.S.C. 
1313) is amended by adding at the end the following:
    ``(j) Agricultural Best Management Practices.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this subsection, the National Research Council 
        of the National Academy of Sciences (referred to in this 
        subsection as the `Council') shall submit Congress and the 
        Administrator a report that--
                    ``(A) analyzes the effectiveness of best management 
                practices in use by agricultural producers that use 
                fertilizer or animal wastes in agricultural operations, 
                taking into account regional differences, including 
                soil composition and weather conditions;
                    ``(B) identifies the best management practices that 
                are most effective in reducing nutrient pollution of 
                marine and estuarine water and freshwater, including 
                those practices that have the potential to provide 
                financial benefits to agricultural producers;
                    ``(C) evaluates available information sources and 
                technologies used by agricultural producers to estimate 
                nutrient levels needed for successful production of 
                agricultural commodities (as defined in section 102 of 
                the Agricultural Trade Act of 1978 (7 U.S.C. 5602)), 
                including information and technologies used to estimate 
                nutrient inputs from soil, water, air, and plant 
                tissue;
                    ``(D) identifies any outstanding needs; and
                    ``(E) recommends best practices for developing a 
                mass-based, balanced accounting approach to nutrient 
                management.
            ``(2) Nutrient management plans.--
                    ``(A) In general.--Not later than 2 years after the 
                date of submission of the report under paragraph (1), 
                the Administrator shall by regulation require 
                agricultural producers the operations of which cause 
                nutrients to run off or be discharged into waters 
                identified under section 303(d)(1)(A) as failing to 
                meet an applicable water quality standard for nutrients 
                (including bodies of water that flow into those 
                waters), as determined by the Administrator, to develop 
                or update and implement a nutrient management plan.
                    ``(B) Requirements.--A nutrient management plan 
                under subparagraph (A) shall, at a minimum--
                            ``(i) include a mass-based, balanced 
                        accounting of all available nutrient sources 
                        (including soil, water, plant tissue, 
                        atmospheric deposition, and nutrient 
                        applications);
                            ``(ii) ensure that the aggregate mass of 
                        all nutrients applied by the agricultural 
                        producer does not exceed actual nutrient needs 
                        of agricultural commodities (as defined in 
                        paragraph (1)(C)) produced; and
                            ``(iii) to the maximum extent practicable, 
                        as determined by the Administrator, use actual 
                        measurements rather than estimates.''.

SEC. 907. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING FUNDS.

    (a) In General.--Section 601(a) of the Federal Water Pollution 
Control Act (33 U.S.C. 1381(a)) is amended--
            (1) by striking ``and (3)'' and inserting ``(3)''; and
            (2) by inserting before the period at the end the 
        following: ``, and (4) implementation of measures to reduce 
        urban stormwater pollution.''.
    (b) Projects Available for Assistance.--Section 603(c) of the 
Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is amended--
            (1) by striking ``and (3)'' and inserting ``(3)''; and
            (2) by striking ``of this Act.'' and inserting ``of this 
        Act, (4) to any municipality or intermunicipal, interstate, or 
        State agency for implementation of measures to reduce urban 
        stormwater pollution, and (5) to any municipality or 
        intermunicipal, interstate, or State agency for capital or 
        technology costs associated with implementation of requirements 
        to monitor, report, and notify the public of sanitary sewer 
        overflows under section 402.''.
    (c) Authorization of Appropriations.--Section 607 of the Federal 
Water Pollution Control Act (33 U.S.C. 1387) is amended to read as 
follows:

``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
$9,200,000,000 for each of fiscal years 2006 through 2010.''.

SEC. 908. AUTHORIZATION OF APPROPRIATIONS FOR SAFE DRINKING WATER STATE 
              REVOLVING FUND.

    Section 1452(m) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(m)) is amended by striking the first sentence and inserting ``There 
is authorized to be appropriated to carry out this section 
$2,000,000,000 for each of fiscal years 2006 through 2010.''.

SEC. 909. NO PREEMPTION OF STATE OR LOCAL AUTHORITY.

    Nothing in this title or any amendment made by this title preempts 
or otherwise affects the authority of a State or local government to 
establish or enforce any standard that is more stringent than a 
standard established under this title or an amendment made by this 
title.

                   TITLE X--MISCELLANEOUS PROVISIONS

SEC. 1001. 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 11th amendment to the Constitution), that is 
        alleged to be in violation of 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.

SEC. 1002. SAVINGS PROVISIONS.

    Except as specifially provided, nothing in this Act may be 
construed to modify, limit, amend, or repeal any provision of any other 
law or to limit the authority of a local or State government or the 
Federal Government to establish more stringent standards, requirements, 
or restrictions within their respective jurisdictions, in order to 
provide greater protection of ocean and coastal waters or resources, 
than the protection provided under this Act.
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