[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 362 Engrossed Amendment House (EAH)]
109th CONGRESS
2d Session
S. 362
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.,
September 27, 2006.
Resolved, That the bill from the Senate (S. 362) entitled ``An Act to
establish a program within the National Oceanic and Atmospheric Administration
and the United States Coast Guard to help identify, determine sources of,
assess, reduce, and prevent marine debris and its adverse impacts on the marine
environment and navigation safety, in coordination with non-Federal entities,
and for other purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Debris Research, Prevention,
and Reduction Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to help identify, determine sources of, assess, reduce,
and prevent marine debris and its adverse impacts on the marine
environment and navigation safety;
(2) to reactivate the Interagency Marine Debris
Coordinating Committee; and
(3) to develop a Federal marine debris information
clearinghouse.
SEC. 3. NOAA MARINE DEBRIS PREVENTION AND REMOVAL PROGRAM.
(a) Establishment of Program.--There is established, within the
National Oceanic and Atmospheric Administration, a Marine Debris
Prevention and Removal Program to reduce and prevent the occurrence and
adverse impacts of marine debris on the marine environment and
navigation safety.
(b) Program Components.--The Administrator, acting through the
Program and subject to the availability of appropriations, shall carry
out the following activities:
(1) Mapping, identification, impact assessment, removal,
and prevention.--The Administrator shall, in consultation with
relevant Federal agencies, undertake marine debris mapping,
identification, impact assessment, prevention, and removal
efforts, with a focus on marine debris posing a threat to
living marine resources and navigation safety, including--
(A) the establishment of a process, building on
existing information sources maintained by Federal
agencies such as the Environmental Protection Agency
and the Coast Guard, for cataloguing and maintaining an
inventory of marine debris and its impacts found in the
navigable waters of the United States and the United
States exclusive economic zone, including location,
material, size, age, and origin, and impacts on
habitat, living marine resources, human health, and
navigation safety;
(B) measures to identify the origin, location, and
projected movement of marine debris within United
States navigable waters, the United States exclusive
economic zone, and the high seas, including the use of
oceanographic, atmospheric, satellite, and remote
sensing data; and
(C) development and implementation of strategies,
methods, priorities, and a plan for preventing and
removing marine debris from United States navigable
waters and within the United States exclusive economic
zone, including development of local or regional
protocols for removal of derelict fishing gear and
other marine debris.
(2) Reducing and preventing loss of gear.--The
Administrator shall improve efforts to reduce adverse impacts
of lost and discarded fishing gear on living marine resources
and navigation safety, including--
(A) research and development of alternatives to
gear posing threats to the marine environment, and
methods for marking gear used in specific fisheries to
enhance the tracking, recovery, and identification of
lost and discarded gear; and
(B) development of effective nonregulatory measures
and incentives to cooperatively reduce the volume of
lost and discarded fishing gear and to aid in its
recovery.
(3) Outreach.--The Administrator shall undertake outreach
and education of the public and other stakeholders, such as the
fishing industry, fishing gear manufacturers, and other marine-
dependent industries, and the plastic and waste management
industries, on sources of marine debris, threats associated
with marine debris and approaches to identify, determine
sources of, assess, reduce, and prevent marine debris and its
adverse impacts on the marine environment and navigational
safety, including outreach and education activities through
public-private initiatives. The Administrator shall coordinate
outreach and education activities under this paragraph with any
outreach programs conducted under section 2204 of the Marine
Plastic Pollution Research and Control Act of 1987 (33 U.S.C.
1915).
(c) Grants, Cooperative Agreements, and Contracts.--
(1) In general.--The Administrator, acting through the
Program, shall enter into cooperative agreements and contracts
and provide financial assistance in the form of grants for
projects to accomplish the purpose set forth in section 2(1).
(2) Grant cost sharing requirement.--
(A) In general.--Except as provided in subparagraph
(B), Federal funds for any grant under this section may
not exceed 50 percent of the total cost of such
project. For purposes of this subparagraph, the non-
Federal share of project costs may be provided by in-
kind contributions and other noncash support.
(B) Waiver.--The Administrator may waive all or
part of the matching requirement under subparagraph (A)
if the Administrator determines that no reasonable
means are available through which applicants can meet
the matching requirement and the probable benefit of
such project outweighs the public interest in such
matching requirement.
(3) Amounts paid and services rendered under consent.--
(A) Consent decrees and orders.--If authorized by
the Administrator or the Attorney General, as
appropriate, the non-Federal share of the cost of a
project carried out under this Act may include money
paid pursuant to, or the value of any in-kind service
performed under, an administrative order on consent or
judicial consent decree that will remove or prevent
marine debris.
(B) Other decrees and orders.--The non-Federal
share of the cost of a project carried out under this
Act may not include any money paid pursuant to, or the
value of any in-kind service performed under, any other
administrative order or court order.
(4) Eligibility.--Any State, local, or tribal government
whose activities affect research or regulation of marine
debris, and any institution of higher education, nonprofit
organization, or commercial organization with expertise in a
field related to marine debris, is eligible to submit to the
Administrator a marine debris proposal under the grant program.
(5) Grant criteria and guidelines.--Within 180 days after
the date of the enactment of this Act, the Administrator shall
promulgate necessary guidelines for implementation of the grant
program, including development of criteria and priorities for
grants. In developing those guidelines, the Administrator shall
consult with--
(A) the Interagency Committee;
(B) regional fishery management councils
established under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.);
(C) State, regional, and local governmental
entities with marine debris experience;
(D) marine-dependent industries; and
(E) nongovernmental organizations involved in
marine debris research, prevention, or removal
activities.
(6) Project review and approval.--The Administrator shall--
(A) review each marine debris project proposal to
determine if it meets the grant criteria and supports
the goals of this Act;
(B) after considering any written comments and
recommendations based on the review, approve or
disapprove the proposal; and
(C) provide notification of that approval or
disapproval to the person who submitted the proposal.
(7) Project reporting.--Each grantee under this section
shall provide periodic reports as required by the
Administrator. Each report shall include all information
required by the Administrator for evaluating the progress and
success in meeting its stated goals, and impact of the grant
activities on the marine debris problem.
SEC. 4. COAST GUARD PROGRAM.
(a) Strategy.--The Commandant of the Coast Guard, in consultation
with the Interagency Committee, shall--
(1) take actions to reduce violations of and improve
implementation of MARPOL Annex V and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to
the discard of plastics and other garbage from vessels;
(2) take actions to cost-effectively monitor and enforce
compliance with MARPOL Annex V and the Act to Prevent Pollution
from Ships (33 U.S.C. 1901 et seq.), including through
cooperation and coordination with other Federal and State
enforcement programs;
(3) take actions to improve compliance with requirements
under MARPOL Annex V and section 6 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1905) that all United States
ports and terminals maintain and monitor the adequacy of
receptacles for the disposal of plastics and other garbage,
including through promoting voluntary government-industry
partnerships;
(4) develop and implement a plan, in coordination with
industry and recreational boaters, to improve ship-board waste
management, including recordkeeping, and access to waste
reception facilities for ship-board waste;
(5) take actions to improve international cooperation to
reduce marine debris; and
(6) establish a voluntary reporting program for commercial
vessel operators and recreational boaters to report incidents
of damage to vessels and disruption of navigation caused by
marine debris, and observed violations of laws and regulations
relating to the disposal of plastics and other marine debris.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Commandant of the Coast Guard shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report evaluating the Coast Guard's progress in
implementing subsection (a).
(c) External Evaluation and Recommendations on Annex V.--
(1) In general.--The Commandant of the Coast Guard shall
enter into an arrangement with the National Research Council
under which the National Research Council shall submit, by not
later than 18 months after the date of the enactment of this
Act and in consultation with the Commandant and the Interagency
Committee, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a comprehensive report on the effectiveness of
international and national measures to prevent and reduce
marine debris and its impact.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) an evaluation of international and domestic
implementation of MARPOL Annex V and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.) and
recommendations of cost-effective actions to improve
implementation and compliance with such measures to
reduce impacts of marine debris;
(B) recommendation of additional Federal or
international actions, including changes to
international and domestic law or regulations, needed
to further reduce the impacts of marine debris; and
(C) evaluation of the role of floating fish
aggregation devices in the generation of marine debris
and existing legal mechanisms to reduce impacts of such
debris, focusing on impacts in the Western Pacific and
Central Pacific regions.
SEC. 5. INTERAGENCY COORDINATION.
(a) Interagency Marine Debris Coordinating Committee.--Section 2203
of the Marine Plastic Pollution Research and Control Act of 1987 (33
U.S.C. 1914) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Establishment of Interagency Marine Debris Coordinating
Committee.--There is established an Interagency Marine Debris
Coordinating Committee to coordinate a comprehensive program of marine
debris research and activities among Federal agencies, in cooperation
and coordination with non-governmental organizations, industry,
universities, and research institutions, States, Indian tribes, and
other nations, as appropriate.''; and
(2) in subsection (c), by inserting ``public, interagency''
before ``forum''.
(b) Definition of Marine Debris.--The Administrator and the
Commandant of the Coast Guard, in consultation with the Interagency
Committee established under subsection (a), shall jointly develop and
promulgate through regulations a definition of the term ``marine
debris'' for purposes of this Act.
(c) Reports.--
(1) Interagency report on marine debris impacts and
strategies.--
(A) In general.--Not later than 12 months after the
date of the enactment of this Act, the Interagency
Committee, through the chairperson, shall complete and
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Resources of the House of Representatives a report
that--
(i) identifies sources of marine debris;
(ii) the ecological and economic impact of
marine debris;
(iii) alternatives for reducing,
mitigating, preventing, and controlling the
harmful affects of marine debris;
(iv) the social and economic costs and
benefits of such alternatives; and
(v) recommendations to reduce marine debris
both domestically and internationally.
(B) Recommendations.--The report shall provide
strategies and recommendations on--
(i) establishing priority areas for action
to address leading problems relating to marine
debris;
(ii) developing strategies and approaches
to prevent, reduce, remove, and dispose of
marine debris, including through private-public
partnerships;
(iii) establishing effective and
coordinated education and outreach activities;
and
(iv) ensuring Federal cooperation with, and
assistance to, the coastal States (as that term
is defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)),
Indian tribes, and local governments in the
identification, determination of sources,
prevention, reduction, management, mitigation,
and control of marine debris and its adverse
impacts.
(2) Annual progress reports.--Not later than 3 years after
the date of the enactment of this Act, and biennially
thereafter, the Interagency Committee, through the chairperson,
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Resources of the House of Representatives a report that
evaluates United States and international progress in meeting
the purpose of this Act. The report shall include--
(A) the status of implementation of any
recommendations and strategies of the Interagency
Committee and analysis of their effectiveness;
(B) a summary of the marine debris inventory to be
maintained by the National Oceanic and Atmospheric
Administration;
(C) a review of the National Oceanic and
Atmospheric Administration program authorized by
section 3, including projects funded and
accomplishments relating to reduction and prevention of
marine debris;
(D) a review of Coast Guard programs and
accomplishments relating to marine debris removal,
including enforcement and compliance with MARPOL
requirements; and
(E) estimated Federal and non-Federal funding
provided for marine debris and recommendations for
priority funding needs.
SEC. 6. FEDERAL INFORMATION CLEARINGHOUSE.
The Administrator, in coordination with the Interagency Committee,
shall--
(1) maintain a Federal information clearinghouse on marine
debris that will be available to researchers and other
interested persons to improve marine debris source
identification, data sharing, and monitoring efforts through
collaborative research and open sharing of data; and
(2) take the necessary steps to ensure the confidentiality
of such information (especially proprietary information), for
any information required by the Administrator to be submitted
by the fishing industry under this section.
SEC. 7. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Interagency committee.--The term ``Interagency
Committee'' means the Interagency Marine Debris Coordinating
Committee established under section 2203 of the Marine Plastic
Pollution Research and Control Act of 1987 (33 U.S.C. 1914).
(3) United states exclusive economic zone.--The term
``United States exclusive economic zone'' means the zone
established by Presidential Proclamation Numbered 5030, dated
March 10, 1983, including the ocean waters of the areas
referred to as ``eastern special areas'' in article 3(1) of the
Agreement between the United States of America and the Union of
Soviet Socialist Republics on the Maritime Boundary, signed
June 1, 1990.
(4) MARPOL; annex v; convention.--The terms ``MARPOL'',
``Annex V'', and ``Convention'' have the meaning given those
terms under section 2(a) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901(a)).
(5) Navigable waters.--The term ``navigable waters'' means
waters of the United States, including the territorial sea.
(6) Territorial sea.--The term ``territorial sea'' means
the waters of the United States referred to in Presidential
Proclamation No. 5928, dated December 27, 1988.
(7) Program.--The term ``Program'' means the Marine Debris
Prevention and Removal Program established under section 3.
(8) State.--The term ``State'' means--
(A) any State of the United States that is impacted
by marine debris within its seaward or Great Lakes
boundaries;
(B) the District of Columbia;
(C) American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, and the Virgin Islands; and
(D) any other territory or possession of the United
States, or separate sovereign in free association with
the United States, that is impacted by marine debris
within its seaward boundaries.
SEC. 8. RELATIONSHIP TO OUTER CONTINENTAL SHELF LANDS ACT.
Nothing in this Act supersedes, or limits the authority of the
Secretary of the Interior under, the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year 2006
through 2010--
(1) to the Administrator for carrying out sections 3 and 6,
$10,000,000, of which no more than 10 percent may be for
administrative costs; and
(2) to the Secretary of the Department in which the Coast
Guard is operating, for the use of the Commandant of the Coast
Guard in carrying out section 4, $2,000,000, of which no more
than 10 percent may be used for administrative costs.
Attest:
Clerk.