[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 362 Enrolled Bill (ENR)]
S.362
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.