[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.