[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 362 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                 S. 362

_______________________________________________________________________

                                 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. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) The oceans, which comprise nearly three quarters of the 
        Earth's surface, are an important source of food and provide a 
        wealth of other natural products that are important to the 
        economy of the United States and the world.
            (2) Ocean and coastal areas are regions of remarkably high 
        biological productivity, are of considerable importance for a 
        variety of recreational and commercial activities, and provide 
        a vital means of transportation.
            (3) Marine debris, including plastics, derelict fishing 
        gear, and a wide variety of other objects, has a harmful and 
        persistent effect on marine flora and fauna and can have 
        adverse impacts on human health.
            (4) Marine debris is also a hazard to navigation, putting 
        mariners and rescuers, their vessels, and consequently the 
        marine environment at risk, and can cause economic loss due to 
        entanglement of vessel systems.
            (5) Plastic materials persist for decades in the marine 
        environment and therefore pose the greatest potential for long-
        term damage to the marine environment.
            (6) Insufficient knowledge and data on the source, 
        movement, and effects of plastics and other marine debris in 
        marine ecosystems has hampered efforts to develop effective 
        approaches for addressing marine debris.
            (7) Lack of resources, inadequate attention to this issue, 
        and poor coordination at the Federal level has undermined the 
        development and implementation of a Federal program to address 
        marine debris, both domestically and internationally.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish programs 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 other 
        Federal and non-Federal entities;
            (2) to re-establish the Inter-agency Marine Debris 
        Coordinating Committee to ensure a coordinated government 
        response across Federal agencies;
            (3) to develop a Federal information clearinghouse to 
        enable researchers to study the sources, scale and impact of 
        marine debris more efficiently; and
            (4) to take appropriate action in the international 
        community to prevent marine debris and reduce concentrations of 
        existing debris on a global scale.

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.--Through the Marine Debris Prevention and 
Removal Program, the Administrator 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, particularly species identified as 
        endangered or threatened under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.) and species protected under the 
        Marine Mammal Protection Act of 1972 (16 U.S.C. 1631 et seq.), 
        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 the 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.
            (2) Reducing and preventing loss of gear.--The 
        Administrator shall improve efforts and actively seek to 
        prevent and reduce fishing gear losses, as well as to reduce 
        adverse impacts of such 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 voluntary or mandatory measures 
                to reduce the loss and discard of fishing gear, and to 
                aid its recovery, such as incentive programs, reporting 
                loss and recovery of gear, observer programs, toll-free 
                reporting hotlines, computer-based notification forms, 
                and providing adequate and free disposal receptacles at 
                ports.
            (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, 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.--
            (1) In general.--The Administrator shall provide financial 
        assistance, in the form of grants, through the Marine Debris 
        Prevention and Removal Program for projects to accomplish the 
        purposes of this Act.
            (2) 50 percent matching requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), Federal funds for any project 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 natural resource management authority 
        of a State, Federal or other government authority whose 
        activities directly or indirectly affect research or regulation 
        of marine debris, and any educational or nongovernmental 
        institutions with demonstrated expertise in a field related to 
        marine debris, are 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 enactment of this Act, the Administrator shall 
        promulgate necessary guidelines for implementation of the grant 
        program, including development of criteria and priorities for 
        grants. Such priorities may include proposals that would reduce 
        new sources of marine debris and provide additional benefits to 
        the public, such as recycling of marine debris or use of 
        biodegradable materials. In developing those guidelines, the 
        Administrator shall consult with--
                    (A) the Interagency Marine Debris 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) non-governmental organizations involved in 
                marine debris research, prevention, or removal 
                activities.
            (6) Project review and approval.--The Administrator shall 
        review each marine debris project proposal to determine if it 
        meets the grant criteria and supports the goals of the Act. Not 
        later than 120 days after receiving a project proposal under 
        this section, the Administrator shall--
                    (A) provide for external merit-based peer review of 
                the proposal;
                    (B) after considering any written comments and 
                recommendations based on the review, approve or 
                disapprove the proposal; and
                    (C) provide written 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 on the marine 
        debris problem.

SEC. 4. COAST GUARD PROGRAM.

    (a) In General.--The Commandant of the Coast Guard shall, in 
cooperation with the Administrator, undertake measures to reduce 
violations 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. The measures shall include--
            (1) the development of a strategy to improve monitoring and 
        enforcement of current laws, as well as recommendations for 
        statutory or regulatory changes to improve compliance and for 
        the development of any appropriate amendments to MARPOL;
            (2) regulations to address implementation gaps with respect 
        to the requirement of 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 receptacles for 
        disposing of plastics and other garbage, which may include 
        measures to ensure that a sufficient quantity of such 
        facilities exist at all such ports and terminals, requirements 
        for logging the waste received, and for Coast Guard comparison 
        of vessel and port log books to determine compliance, taking 
        into account potential economic impacts and technical 
        feasibility;
            (3) regulations to close record keeping gaps, which may 
        include requiring fishing vessels under 400 gross tons entering 
        United States ports to maintain records subject to Coast Guard 
        inspection on the disposal of plastics and other garbage, that, 
        at a minimum, include the time, date, type of garbage, 
        quantity, and location of discharge by latitude and longitude 
        or, if discharged on land, the name of the port where such 
        material is offloaded for disposal, taking into account 
        potential economic impacts and technical feasibility;
            (4) regulations to improve ship-board waste management, 
        which may include expanding to smaller vessels existing 
        requirements to maintain ship-board receptacles and maintain a 
        ship-board waste management plan, taking into account potential 
        economic impacts and technical feasibility;
            (5) the development, through outreach to commercial vessel 
        operators and recreational boaters, of a voluntary reporting 
        program, along with the establishment of a central reporting 
        location, for incidents of damage to vessels caused by marine 
        debris, as well as observed violations of existing laws and 
        regulations relating to disposal of plastics and other marine 
        debris; and
            (6) a voluntary program encouraging United States flag 
        vessels to inform the Coast Guard of any ports in other 
        countries that lack adequate port reception facilities for 
        garbage.
    (b) On-shore Oil and Gas Spills.--The Commandant of the Coast Guard 
shall expedite implementation of the Coast Guard's responsibilities 
with respect to on-shore oil and gas spills.

SEC. 5. INTERAGENCY COORDINATION.

    (a) Interagency Marine Debris Committee Established.--There is 
established an Interagency Committee on Marine Debris 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, State 
governments, Indian tribes, and other nations, as appropriate, and to 
foster cost-effective mechanisms to identify, determine sources of, 
assess, reduce, and prevent marine debris, and its adverse impact on 
the marine environment and navigational safety, including the joint 
funding of research and mitigation and prevention strategies.
    (b) Membership.--The Committee shall include a senior official 
from--
            (1) the National Oceanic and Atmospheric Administration, 
        who shall serve as the chairperson of the Committee;
            (2) the United States Coast Guard;
            (3) the Environmental Protection Agency;
            (4) the United States Navy;
            (5) the Maritime Administration of the Department of 
        Transportation;
            (6) the National Aeronautics and Space Administration;
            (7) the U.S. Fish and Wildlife Service;
            (8) the Department of State;
            (9) the Marine Mammal Commission; and
            (10) such other Federal agencies that have an interest in 
        ocean issues or water pollution prevention and control as the 
        Administrator determines appropriate.
    (c) Meetings.--The Committee shall meet at least twice a year to 
provide a public, interagency forum to ensure the coordination of 
national and international research, monitoring, education, and 
regulatory actions addressing the persistent marine debris problem.
    (d) Definition.--The Committee shall develop and promulgate through 
regulation a definition of the term ``marine debris''.
    (e) Reporting.--
            (1) Interagency report on marine debris impacts and 
        strategies.--Not later than 12 months after the date of the 
        enactment of this Act, the Committee, through the chairperson, 
        and in cooperation with the coastal States, Indian tribes, 
        local governments, and non-governmental organizations, shall 
        complete and submit to the Congress a report identifying the 
        source of marine debris, examining the ecological and economic 
        impact of marine debris, alternatives for reducing, mitigating, 
        preventing, and controlling the harmful affects of marine 
        debris, the social and economic costs and benefits of such 
        alternatives, and recommendations regarding both domestic and 
        international marine debris issues.
            (2) Contents.--The report submitted under paragraph (1) 
        shall provide recommendations on--
                    (A) establishing priority areas for action to 
                address leading problems relating to marine debris;
                    (B) developing an effective strategy and approaches 
                to preventing, reducing, removing, and disposing of 
                marine debris, including through private-public 
                partnerships;
                    (C) providing appropriate infrastructure for 
                effective implementation and enforcement of measures to 
                prevent and remove marine debris, especially the 
                discard and loss of fishing gear;
                    (D) establishing effective and coordinated 
                education and outreach activities; and
                    (E) ensuring Federal cooperation with, and 
                assistance to, the coastal States (as defined in 
                section 304(4) of the Coastal Zone Management Act of 
                1972 (16 U.S.C. 1453(4))), Indian tribes, and local 
                governments in the identification, determination of 
                sources, prevention, reduction, management, mitigation, 
                and control of marine debris and its adverse impacts.
            (3) Annual progress reports.--Not later than 2 years after 
        the date of the enactment of this Act, and every year 
        thereafter, the Committee, through the chairperson, shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Resources of 
        the House of Representatives a report that evaluates United 
        States and international progress in meeting the purposes of 
        this Act. The report shall include--
                    (A) the status of implementation of the 
                recommendations of the 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 of this Act, including projects funded and 
                accomplishments relating to reduction and prevention of 
                marine debris;
                    (D) a review of United States 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.
    (f) Monitoring.--The Administrator, in cooperation with the 
Administrator of the Environmental Protection Agency, shall utilize the 
marine debris data derived under this Act and title V of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 2801 et 
seq.) to assist--
            (1) the Committee in ensuring coordination of research, 
        monitoring, education, and regulatory actions; and
            (2) the United States Coast Guard in assessing the 
        effectiveness of this Act and the Act to Prevent Pollution from 
        Ships (33 U.S.C. 1901 et seq.) in ensuring compliance under 
        section 2201 of the Marine Plastic Pollution Research and 
        Control Act of 1987 (33 U.S.C. 1913).
    (g) Conforming Amendment.--Section 2203 of the Marine Plastic 
Pollution Research and Control Act of 1987 (33 U.S.C. 1914) is 
repealed.

SEC. 6. INTERNATIONAL COOPERATION.

    The Interagency Marine Debris Committee shall develop a strategy 
that may be pursued by the United States in the International Maritime 
Organization and other appropriate international and regional forums to 
reduce the incidence of marine debris, including--
            (1) the inclusion of effective and enforceable marine 
        debris prevention and removal measures in international and 
        regional agreements, including fisheries agreements and 
        maritime agreements;
            (2) measures to strengthen and to improve compliance with 
        MARPOL Annex V;
            (3) national reporting and information requirements that 
        will assist in improving information collection, identification 
        and monitoring of marine debris;
            (4) the establishment of an international database, 
        consistent with the information clearinghouse established under 
        section 7, that will provide current information on location, 
        source, prevention, and removal of marine debris;
            (5) the establishment of public-private partnerships and 
        funding sources for pilot programs that will assist in 
        implementation and compliance with marine debris requirements 
        in international agreements and guidelines;
            (6) the identification of possible amendments to and 
        provisions in the International Maritime Organization 
        Guidelines for the Implementation of Annex V of MARPOL for 
        potential inclusion in Annex V; and
            (7) when appropriate assist the responsible Federal agency 
        in bilateral negotiations to effectively enforce marine debris 
        prevention.

SEC. 7. FEDERAL INFORMATION CLEARINGHOUSE.

    The Administrator, in coordination with the Committee, shall 
maintain a Federal information clearinghouse on marine debris that will 
be available to researchers and other interested parties to improve 
source identification, data sharing, and monitoring efforts through 
collaborative research and open sharing of data. The clearinghouse 
shall include--
            (1) standardized protocols to map the general locations of 
        commercial fishing and aquaculture activities using Geographic 
        Information System techniques;
            (2) a world-wide database which describes fishing gear and 
        equipment, and fishing practices, including information on gear 
        types and specifications;
            (3) guidance on the identification of types of fishing gear 
        fragments and their sources developed in consultation with 
        persons of relevant expertise; and
            (4) the data on mapping and identification of marine debris 
        to be developed pursuant to section 3(b)(1) of this Act.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Committee.--The term ``Committee'' means the 
        Interagency Marine Debris Committee established by section 5 of 
        this Act.
            (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 5'', and ``Convention'' have the meaning given those 
        terms in paragraphs (3) and (4) of section 2(a) of the Act to 
        Prevent Pollution from Ships (33 U.S.C. 1901(a)).
            (5) Navigable waters.--The term ``navigable waters'' has 
        the meaning given that term by section 502(7) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1362(7)).

SEC. 9. APPLICATION WITH 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. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each fiscal year 2006 
through 2010--
            (1) to the Administrator for the purpose of carrying out 
        sections 3 and 7 of this Act, $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 sections 4 and 6 of this Act, $5,000,000, 
        of which no more than 10 percent may be used for administrative 
        costs.

            Passed the Senate July 1, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                 S. 362

_______________________________________________________________________

                                 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.