[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 21 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                 H. R. 21

   To establish a national policy for our oceans, to strengthen the 
    National Oceanic and Atmospheric Administration, to establish a 
    national and regional ocean governance structure, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2007

   Mr. Farr (for himself, Mr. Allen, Mr. Gilchrest, and Mr. Saxton) 
 introduced the following bill; which was referred to the Committee on 
  Natural Resources, and in addition to the Committee on Science and 
Technology, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To establish a national policy for our oceans, to strengthen the 
    National Oceanic and Atmospheric Administration, to establish a 
    national and regional ocean governance structure, 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 ``Oceans 
Conservation, Education, and National Strategy for the 21st Century 
Act''.
    (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--ESTABLISHMENT OF A NATIONAL OCEANS POLICY

Sec. 101. National oceans policy.
 TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT

Sec. 201. National Oceanic and Atmospheric Administration.
Sec. 202. Administration leadership.
Sec. 203. National Weather Service.
Sec. 204. Resource management.
Sec. 205. Operations and services.
Sec. 206. Research and technology development.
Sec. 207. Education and outreach.
Sec. 208. Science Advisory Board.
Sec. 209. Reports.
Sec. 210. Public-private partnerships.
Sec. 211. Reorganization plan.
Sec. 212. Facility evaluation process.
Sec. 213. Administration budget.
Sec. 214. Baselines and cost controls.
Sec. 215. Offshore performance of contracts for the procurement of 
                            goods and services.
         TITLE III--NATIONAL OCEAN LEADERSHIP AND COORDINATION

Sec. 301. National Oceans Advisor.
Sec. 302. Committee on Ocean Policy.
Sec. 303. Establishing a coordinated management regime for activities 
                            in Federal waters.
Sec. 304. Council of Advisors on Oceans Policy.
         TITLE IV--REGIONAL COORDINATION AND ECOSYSTEM PLANNING

Sec. 401. Findings.
Sec. 402. Regional Ocean Partnerships.
Sec. 403. Regional Ocean Strategic Plans.
Sec. 404. National Academy of Sciences study of regional oceans 
                            governance.
Sec. 405. Ocean ecosystem resource information systems.
Sec. 406. Regulations.
Sec. 407. Other authority.
Sec. 408. Authorization of appropriations.
         TITLE V--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND

Sec. 501. Establishment of fund.
Sec. 502. Limitation on use of available amounts for administration.
Sec. 503. Recordkeeping requirements.
Sec. 504. Maintenance of effort and matching funding.
Sec. 505. Community assistance formula and payments.
Sec. 506. Approval of State funding and spending plans.
Sec. 507. Special postage stamp.
                    TITLE VI--ADMINISTRATION FUNDING

Sec. 601. Authorization of appropriations.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) United States ocean waters and the ocean resources they 
        contain are vital for the national security, environment, 
        economy, and culture of the United States.
            (2) The National Oceanic and Atmospheric Administration is 
        the lead ocean agency in the United States, performing critical 
        services and activities for the nation and its citizens.
            (3) Recent reports by the United States Commission on Ocean 
        Policy and the Pew Oceans Commission call for, among other 
        things--
                    (A) a more comprehensive and integrated ecosystem-
                based management approach to address current and future 
                ocean and coastal challenges;
                    (B) coordination and increased efficiency of ocean 
                governance;
                    (C) a strengthened National Oceanic and Atmospheric 
                Administration to enhance its ability to fulfill its 
                core missions; and
                    (D) the need for a dedicated source of funds for 
                improved management and understanding of ocean and 
                coastal resources.
            (4) Consistent with customary international law, the United 
        States exercises sovereign rights over ocean resources within 
        United States ocean waters.
            (5) These 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 to 
        preserve the full range of their benefits for present and 
        future generations.
            (6) Knowledge of the world's oceans is critically important 
        to the operations of the United States Armed Forces, 
        particularly the Navy and Coast Guard operations, and therefore 
        to the national security of the United States.
            (7) Marine, terrestrial, and atmospheric systems are 
        interdependent, requiring that policy, information transfer, 
        and the management of human activities be coordinated across 
        systems.
            (8) Healthy and productive coastal and marine ecosystems 
        are the keys to securing the full range of benefits from ocean 
        resources, including important economic uses such as productive 
        fisheries, for the people of the United States.
            (9) 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) global climate change;
                    (B) chemical, nutrient, and biological pollution;
                    (C) unwise land use and coastal development;
                    (D) habitat damage;
                    (E) overfishing;
                    (F) bycatch; and
                    (G) invasive species.
            (10) These threats are exacerbated by the legal and 
        geographic fragmentation of authority over ocean space and 
        ocean resources.
            (11) Activities harming coastal and marine ecosystems 
        jeopardize the economies and social structure of coastal 
        communities dependent on these resources.
            (12) Healthy marine ecosystems provide more goods and 
        services, such as seafood and tourism opportunities, than 
        degraded marine ecosystems.
            (13) 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 a unified and comprehensive public policy toward 
        the ocean waters and resources.
            (14) To better enable the various levels of government with 
        authority over coastal and ocean waters, habitats, and 
        resources, and ocean resources to fulfill their public trust 
        responsibilities, a unified national oceans policy is needed to 
        govern the range of human activities affecting the health and 
        productivity of marine ecosystems.

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 
ecological, economic, educational, social, cultural, nutritional, and 
recreational benefits of healthy marine ecosystems, by--
            (1) establishing a comprehensive national oceans policy 
        regarding all covered actions that may significantly affect 
        United States ocean waters and ocean resources;
            (2) requiring covered actions to be consistent with the 
        policies and standards of this Act;
            (3) setting clear standards against which compliance with 
        the national oceans policy can be measured;
            (4) providing standards through which compliance with this 
        Act can be assured;
            (5) promoting ecologically sustainable ocean resource use 
        and management by strengthening and empowering ocean governance 
        on regional and Federal levels;
            (6) promoting ecosystem-based approaches to management of 
        ocean waters and resources;
            (7) enhancing responsible ocean stewardship through 
        education, information collection, and citizen involvement; and
            (8) establishing a ocean and great lakes conservation trust 
        fund to support the purposes and policies of this Act.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) United states ocean waters or oceans.--The term 
        ``United States ocean waters'' or ``oceans'' means the zone 
        extending from the baseline from which the breadth of the 
        United States territorial sea is measured to the extent of the 
        Exclusive Economic Zone as specified in Presidential 
        Proclamation Number 5030, dated March 10, 1983, including the 
        territorial waters of the Great Lakes and the waters of the 
        continental shelf to which the United States is granted 
        sovereign rights under international law.
            (2) Coastal waters.--The term ``coastal waters'' means the 
        waters within the coastal zone as defined in section 304 of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453), which 
        includes such waters as bays and estuaries.
            (3) Ocean resources or coastal resources.--The term ``ocean 
        resources'' or ``coastal resources'' means any living, 
        nonliving, or cultural amenity in United States ocean waters or 
        coastal waters.
            (4) Covered action.--The term ``covered action'' 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.
            (5) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration provided for in 
        section 201.
            (6) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (7) Advisor.--The term ``Advisor'' means the National 
        Oceans Advisor appointed under section 301.
            (8) Function.--The term ``function'', when used in 
        reference to a function of a government agency or official, 
        includes authorities, powers, rights, privileges, immunities, 
        programs, projects, activities, duties, and responsibilities.
            (9) Biological diversity.--The term ``biological 
        diversity'' means a collection of genomes, species, and 
        ecosystems occurring in a geographically defined region.
            (10) Ecologically sustainable.--The term ``ecologically 
        sustainable'' means capable of maintaining biological diversity 
        and ecosystem structure and functioning from one human 
        generation to the next, so as not to deny future generations 
        the goods and services that healthy marine ecosystems provide.
            (11) Marine.--The term ``marine'' includes of or relating 
        to United States ocean and coastal waters.
            (12) Marine ecosystem health and health of marine 
        ecosystems.--Each of the terms ``marine ecosystem health'' and 
        ``health of marine ecosystems'' means the ability of a marine 
        ecosystem to support and maintain a productive and resilient 
        community of organisms, having a species composition, 
        diversity, and functional organization resulting from the 
        natural habitat of the region, such that it provides a complete 
        range of ecological benefits, including--
                    (A) a complete diversity of native species and 
                habitats wherein each native species is able to 
                maintain an abundance, population structure, and 
                distribution supporting its ecological and evolutionary 
                functions and processes; and
                    (B) a physical, chemical, geological, and microbial 
                environment that is supportive of the requirements of 
                this paragraph.
            (13) Healthy marine ecosystem.--The term ``healthy marine 
        ecosystem'' means a marine ecosystem with the ability to 
        support and maintain a productive and resilient community of 
        organisms, having a species composition, diversity, and 
        functional organization resulting from the natural habitat of 
        the region, such that it provides a complete range of 
        ecological benefits, including--
                    (A) a complete diversity of native species and 
                habitats wherein each native species is able to 
                maintain an abundance, population structure, and 
                distribution supporting its ecological and evolutionary 
                functions and processes; and
                    (B) a physical, chemical, geological, and microbial 
                environment that is supportive of the requirements of 
                this paragraph.
            (14) Ecosystem-based management.--The term ``ecosystem-
        based management'' means an integrated approach to management 
        that--
                    (A) considers the entire ecosystem, including 
                humans;
                    (B) has as its goal the maintenance of ecosystems 
                in a healthy, productive, and resilient condition so 
                that they can provide the services humans want and 
                need;
                    (C) accounts for the interactions among species, 
                activities, and sectors of management;
                    (D) considers the cumulative impacts of different 
                sectors;
                    (E) emphasizes the protection of ecosystem 
                structure, functioning, and key processes;
                    (F) is place-based in focusing on a specific 
                ecosystem and the range of activities affecting it;
                    (G) explicitly accounts for the interconnectedness 
                within systems, recognizing the importance of 
                interactions between many target species or key 
                services and other non-target species;
                    (H) acknowledges interconnectedness among systems, 
                such as between air, land, and sea; and
                    (I) integrates ecological, social, economic, and 
                institutional perspectives, recognizing their strong 
                interdependences.
            (15) Important ecological area.--The term ``Important 
        Ecological Area'' means an area that contributes significantly 
        to the health of the local or larger marine ecosystem, such as 
        areas that are critical habitats because they are breeding, 
        feeding, spawning or nursery grounds for one or more species 
        and/or are especially unique or sensitive marine ecosystems.
            (16) Federal agency.--The term ``Federal agency'' means any 
        department, agency, or instrumentality of the United States.
            (17) Regional ocean partnerships.--The term ``Regional 
        Ocean Partnerships'' means such a council established by the 
        Administrator under section 402.
            (18) Ocean region.--The term ``ocean region'' means such a 
        region designated under section 402(b).
            (19) Coastal state.--The term ``coastal State''--
                    (A) means a State of the United States in, or 
                bordering on, the Atlantic, Pacific, or Arctic Ocean, 
                the Gulf of Mexico, Long Island Sound, or one or more 
                of the Great Lakes; and
                    (B) includes Puerto Rico, the Virgin Islands, Guam, 
                the Commonwealth of the Northern Mariana Islands, and 
                the Trust Territories of the Pacific Islands, and 
                American Samoa.
            (20) Coastal political subdivision.--The term ``coastal 
        political subdivision'' means a political subdivision of a 
        coastal State all or part of which political subdivision is 
        within the coastal zone (as defined in section 304 of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453)).
            (21) Coastal population density.--The term ``coastal 
        population density'' means the population as determined by the 
        most recent census data in the State's coastal zone as 
        determined pursuant to the Coastal Zone Management Act of 1972 
        (16 U.S.C. 1451 et seq.).
            (22) Ocean stewardship.--The term ``ocean stewardship'' 
        means the careful and responsible management of coastal and 
        ocean resources by current generations such that it ensures 
        future generations can obtain the full range of benefits from 
        those resources.
            (23) Precautionary approach.--The term ``precautionary 
        approach'' means the approach used to ensure the health and 
        sustainability of marine ecosystems for the benefit of current 
        and future generations, in which lack of full scientific 
        certainty shall not be used as a justification for postponing 
        action to prevent environmental degradation.

           TITLE I--ESTABLISHMENT OF A NATIONAL OCEANS POLICY

SEC. 101. NATIONAL OCEANS POLICY.

    (a) Policy.--It is the continuing policy of the United States to 
protect, maintain, and restore the health of marine ecosystems in order 
to fulfill the ecological, economic, educational, social, cultural, 
nutritional, recreational and other requirements of current and future 
generations of Americans.
    (b) National Standards.--
            (1) In general.--To the fullest extent possible, the 
        policies, regulations, and Public Laws of the United States 
        shall be interpreted and administered by any Federal agency in 
        accordance with the policy in subsection (a) for any covered 
        actions.
            (2) Covered actions.--
                    (A) Covered actions affecting United States ocean 
                waters or ocean resources must be conducted in a manner 
                that is consistent with the protection, maintenance, 
                and restoration of healthy ecosystems.
                    (B) Any covered action that may significantly 
                affect United States ocean waters or ocean resources 
                may proceed only if the covered action, individually 
                and in combination with other covered actions--
                            (i) is not likely to significantly harm the 
                        health of any marine ecosystem; and
                            (ii) is not likely to significantly impede 
                        the restoration of the health of any marine 
                        ecosystem.
                    (C) In the case of incomplete or inconclusive 
                information as to the effects of a covered action on 
                United States ocean waters or ocean resources, 
                decisions shall be made using the precautionary 
                approach to ensure protection, maintenance, and 
                restoration of healthy marine ecosystems.
                    (D) Adverse social and economic impacts on 
                communities that are significantly resource dependent 
                shall be minimized to the extent practicable, while 
                remaining consistent with other provisions of this Act 
                that include the other national standards under this 
                subsection. Consideration of impacts on resource 
                dependent communities shall include, but not be limited 
                to, cumulative impacts.
    (c) Regulations.--Within 1 year after the date of enactment of this 
Act, the Administrator, in consultation with the Committee on Ocean 
Policy, shall issue such regulations as are necessary to implement this 
section of the Act.
    (d) Implementation.--Each Federal agency that undertakes, 
authorizes, or funds a covered action shall ensure, in consultation 
with and with the assistance of the Administrator, that any covered 
action by such agency complies with the policy and national standards 
in subsection (a) and (b) of this section, in accordance with the 
following schedule:
            (1) Not less than 180 days prior to taking final agency 
        action on a covered action, the head of each Federal agency 
        shall certify whether the action complies with the policy and 
        national standards, and submit the certification to the 
        Administrator for review.
            (2) Not later than 90 days after receipt of the agency's 
        certification under subparagraph (a), the administrator shall 
        determine whether he concurs with the agency's finding and 
        provide the head of such agency a written analysis documenting 
        the basis for the administrator's determination. this analysis 
        shall include--
                    (A) a summary of the information on which the 
                Administrator's determination is based;
                    (B) a detailed assessment of the effects the 
                covered action has on marine ecosystem health; and
                    (C) recommendations to remedy any identified 
                deficiencies.
    (e) Savings Clause.--Nothing in this Act shall be construed to 
supersede or diminish the authority and responsibility, under any other 
provision of law, of any Federal agency or State, or any political 
subdivision thereof, to establish or implement more stringent 
requirements to conserve ocean resources.
    (f) Judicial Review.--Regulations promulgated by the Administrator 
and determinations on covered actions, under this section of the Act, 
shall be subject to judicial review to the extent authorized by, and in 
accordance with, chapter 7 of title 5, United States Code.

 TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT

SEC. 201. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) In General.--There shall be an agency known as the National 
Oceanic and Atmospheric Administration. Reorganization Plan No. 4 of 
1970 shall have no further force or effect.
    (b) Mission.--The mission of the administration is to--
            (1) act as the nonmilitary Federal agency with 
        responsibility for providing oversight of all United States 
        coastal, ocean, and Great Lakes waters and resources;
            (2) understand the systems of the Earth's oceans and 
        atmosphere and predict changes in the Earth's oceans and 
        atmosphere and the effects of such changes on the land 
        environment;
            (3) conserve and manage coastal, ocean, and Great Lakes 
        resources and ecosystems to meet national economic, social, and 
        environmental needs, and promote the ecologically sustainable 
        use of these resources so such future needs of the nation can 
        be met;
            (4) protect, maintain, and restore the health of coastal, 
        ocean, and Great Lakes ecosystems; and
            (5) educate the public about these topics.
    (c) Functions.--The functions of the Administration, through which 
it shall carry out the policy and standards set forth in section 101, 
shall include--
            (1) conducting and supporting basic and applied research, 
        development, and technology transfer as may be necessary to 
        carry out the mission described in subsection (b);
            (2) protecting, restoring, and maintaining the health and 
        sustainability of the coasts, oceans, and Great Lakes through 
        ecosystem-based research, development, demonstration, and 
        management;
            (3) collecting, through observation and other means, 
        communicating, analyzing, processing, and disseminating 
        comprehensive scientific data and information about weather and 
        climate, solar and geophysical events on the Sun and in the 
        space environment, and about the coasts, oceans, Great Lakes, 
        upper reaches of estuaries, and hydrologic systems;
            (4) operating and maintaining a system for the storage, 
        retrieval, and dissemination of data relating to weather and 
        climate, solar and geophysical events on the Sun and in the 
        space environment, and about the coasts, oceans, Great Lakes, 
        upper reaches of estuaries, and hydrologic systems;
            (5) using observational data and technologies developed by 
        other Federal agencies to improve the Administration's 
        operations;
            (6) coordinating efforts of Federal agencies with respect 
        to meteorological and oceanic services, and acting as a focal 
        point regarding oceans research and management;
            (7) using the best available technology to explore and map 
        the coastal, ocean, and Great Lakes waters of the United 
        States, and work collaboratively with other countries to use 
        the best available technology to explore and map their coastal 
        and ocean waters and other significant water bodies, in order 
        to better understand ocean dynamics;
            (8) issuing weather, water, climate, space weather, 
        tsunami, and other forecasts and warnings related to Earth's 
        oceans and atmosphere as to enhance society's preparedness for 
        responding to such weather-related conditions;
            (9) working with other Federal agencies, State, tribal, and 
        local governments, and the public to improve regional 
        coordination and integration and promote ecosystem-based 
        management of coasts, oceans, and Great Lakes;
            (10) understanding the science of Earth's climate and the 
        impact of related systems on climate variability and change, 
        and undertaking research and development to enhance society's 
        ability to plan for and respond to climate variability and 
        change;
            (11) administering public outreach and education programs 
        and services to increase scientific and environmental literacy 
        about--
                    (A) coasts, oceans, Great Lakes, upper reaches of 
                estuaries, and hydrologic systems;
                    (B) weather and climate;
                    (C) solar and geophysical events on the Sun and in 
                the space environment; and
                    (D) direct and indirect human impacts on the 
                systems of Earth's oceans, atmosphere, and related 
                systems;
            (12) providing, as appropriate and in cooperation with the 
        Secretary of State, representation at all international 
        meetings and conferences relating to the mission of the 
        Administration, including meteorological, climate, and Earth 
        and ocean observing issues;
            (13) any other function assigned to the Administration by 
        law; and
            (14) such other functions as are necessary to accomplish 
        the mission described in subsection (b).

SEC. 202. ADMINISTRATION LEADERSHIP.

    (a) Under Secretary of Commerce for Oceans and Atmosphere and 
Administrator.--
            (1) In general.--There shall be, as the Administrator of 
        the Administration, an Under Secretary of Commerce for Oceans 
        and Atmosphere. The Administrator shall be appointed by the 
        President, by and with the advice and consent of the Senate. 
        The term of office of any individual appointed after the date 
        of enactment of this Act to serve as Administrator shall be 6 
        years, with eligibility for reappointment.
            (2) Functions.--The Administrator, as head of the 
        Administration, shall be responsible for--
                    (A) ensuring that the functions of the 
                Administration under section 201(c) are fulfilled;
                    (B) general management and supervision of the 
                operations of the Administration;
                    (C) policy development and guidance;
                    (D) formulation, guidance, and execution of budget 
                for the Administration, including submission of annual 
                budget requests to the Director of the Office of 
                Management and Budget;
                    (E) serving as the Department of Commerce official 
                for all ocean and atmosphere issues with other elements 
                of the Department of Commerce and with other Federal 
                agencies, State, tribal, and local governments, and the 
                public; and
                    (F) such other duties with respect to the 
                Administration as the Secretary may prescribe.
            (3) Delegation of authority.--The Administrator may, except 
        as otherwise prohibited by law--
                    (A) delegate any functions, powers, or duties of 
                the Administrator to such officers and employees of the 
                Administration as the Administrator may designate; and
                    (B) authorize such successive redelegations of such 
                functions, powers, or duties within the Administration 
                as the Administrator considers necessary or 
                appropriate.
            (4) Pay.--The Administrator shall be paid at the rate of 
        basic pay for level III of the Executive Schedule under section 
        5314 of title 5, United States Code.
            (5) Authorities.--
                    (A) In general.--As may be necessary or proper to 
                carry out the Administration's functions under this Act 
                or as otherwise provided by law, the Administrator 
                may--
                            (i) promulgate rules and regulations;
                            (ii) hire personnel, including the 
                        selection, appointment, distribution, 
                        supervision, compensation, and separation of 
                        personnel;
                            (iii) enter into and perform contracts, 
                        leases, grants, and cooperative agreements with 
                        Federal agencies, State and local governments, 
                        regional and interstate agencies, Indian 
                        tribes, international organizations, foreign 
                        governments, educational institutions, research 
                        institutions, nonprofit organizations, and 
                        commercial organizations;
                            (iv) use, with their consent, and with or 
                        without reimbursement, the services, equipment, 
                        personnel, and facilities of other departments, 
                        agencies, and instrumentalities of the Federal 
                        Government;
                            (v) conduct education and outreach in 
                        direct support of the mission described in 
                        section 201(b);
                            (vi) take reasonable steps to ensure that 
                        information systems and databases of the 
                        Administration are compatible with each other 
                        and with appropriate databases of other 
                        agencies;
                            (vii) procure services of experts and 
                        consultants in accordance with section 3109 of 
                        title 5, United States Code; and
                            (viii) prescribe external affairs, 
                        including legal, legislative, and public 
                        affairs.
                    (B) Exception.--The authorities conferred on the 
                Administrator by this paragraph do not include the 
                authority to contract for services that are an 
                inherently governmental function as defined in section 
                5 of the Federal Activities Inventory Reform Act of 
                1998 (31 U.S.C. 501 note).
    (b) Assistant Secretary for Oceans and Atmosphere and Deputy 
Administrator.--
            (1) In general.--There shall be, as Deputy Administrator of 
        the Administration, an Assistant Secretary of Commerce for 
        Oceans and Atmosphere. The Deputy Administrator shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate. The Deputy Administrator shall be the 
        Administrator's first assistant for purposes of subchapter III 
        of chapter 33 of title 5, United States Code.
            (2) Functions.--The deputy administrator shall--
                    (A) serve as an advisor to the Administrator on all 
                program and policy issues;
                    (B) perform such functions and exercise such powers 
                as the Administrator may prescribe; and
                    (C) act as Administrator during the absence or 
                disability of the Administrator or in the event of a 
                vacancy in the office of Administrator.
            (3) Pay.--The Assistant Secretary shall be paid at the rate 
        of basic pay for level IV of the Executive Schedule.
    (c) Deputy Under Secretary for Oceans and Atmosphere and Chief 
Operating Officer.--
            (1) In general.--There shall, be as the Chief Operating 
        Officer of the Administration, a Deputy Under Secretary of 
        Commerce for Oceans and Atmosphere. The Deputy Under Secretary 
        shall be appointed by the Secretary. The position of Deputy 
        Under Secretary shall be a Senior Executive Service position 
        authorized under section 3133 of title 5, United States Code.
            (2) Functions.--The Deputy Under Secretary shall--
                    (A) ensure the timely and effective implementation 
                of Administration policies and objectives;
                    (B) be responsible for all aspects of the 
                Administration's operations and management, including 
                budget, financial operations, information services, 
                facilities, human resources, procurements, and 
                associated services;
                    (C) act as Assistant Secretary during the absence 
                or disability of the Assistant Secretary or in the 
                event of a vacancy in such position; and
                    (D) perform such other duties as the Administrator 
                shall prescribe.
    (d) Deputy Assistant Secretaries.--
            (1) In general.--There may be in the Administration no more 
        than three Deputy Assistant Secretaries.
            (2) Functions.--The functions of the Deputy Assistant 
        Secretaries shall be designated by the Secretary and must be 
        consistent with at least one of the three primary functions of 
        the Administration--
                    (A) assessment, prediction, and operations;
                    (B) management, especially ecosystem-based; and
                    (C) research and education.
            (3) Qualifications.--The Deputy Assistant Secretaries shall 
        be appointed by the Secretary from among individuals who are 
        qualified by reason of background and experience to direct the 
        implementation and administration of the functions for which 
        they are responsible. The positions of Deputy Assistant 
        Secretaries shall be Senior Executive Service positions 
        authorized under section 3133 of title 5, United States Code.
    (e) Assistant Administrators.--
            (1) In general.--There shall be in the Administration no 
        more than five Assistant Administrators who shall head one of 
        each of the operating offices of the Administration, overseeing 
        the programs and activities of each such office.
            (2) Functions.--The functions of the Assistant 
        Administrators shall be specified by the Administrator to 
        fulfill the duties of the offices they oversee and must be 
        consistent with at least one of the three primary functions of 
        the Administration, while minimizing overlap of such functions 
        between them, including--
                    (A) assessment, prediction, and operations;
                    (B) management, especially ecosystem-based; and
                    (C) research and education.
            (3) Qualifications.--Each Assistant Administrator shall be 
        appointed by the Administrator from among individuals who are 
        qualified by reason of background and experience to direct the 
        implementation and administration of the functions for which 
        they are responsible shall be designated by the Secretary and 
        must be consistent with at least one of the three primary 
        functions of the Administration--
                    (A) assessment, prediction, and operations;
                    (B) management, especially ecosystem-based; and
                    (C) research and education.
    (f) General Counsel.--
            (1) In general.--There shall be in the Administration a 
        General Counsel. The General Counsel shall be appointed by the 
        Secretary. The General Counsel shall be paid at the rate of 
        basic pay for level V of the Executive Schedule.
            (2) Functions.--The General Counsel shall--
                    (A) serve as the chief legal officer of the 
                Administration for all legal matters that arise in 
                connection with the conduct of the functions of the 
                Administration; and
                    (B) perform such other functions and exercise such 
                powers as the Administrator may prescribe.
    (g) Continuation of Service.--Any individual serving on the 
effective date of this Act in a position provided for in this Act may 
continue to serve in that position until a successor is appointed under 
this Act. Nothing in this Act shall be construed to require the 
appointment of a successor under this Act sooner than would have been 
required under law as in effect before the effective date of this Act.

SEC. 203. NATIONAL WEATHER SERVICE.

    (a) In General.--The Secretary shall maintain within the 
Administration the National Weather Service.
    (b) Mission.--The mission of the National Weather Service is to 
provide weather, water, climate, tsunami, and space weather forecasts 
and warnings for the United States, its territories, adjacent waters, 
and ocean areas for the protection of life and property and the 
enhancement of the national economy. In carrying out the mission of the 
National Weather Service, the Administrator shall ensure that the 
National Weather Service--
            (1) provides timely and accurate weather, water, climate, 
        tsunami, and space weather forecasts; and
            (2) provides timely and accurate warnings of natural 
        hazards related to weather, water, climate, and tsunamis, and 
        of space weather hazards.
    (c) Functions.--To accomplish the mission described in section 
201(b), and in addition to the functions described in section 201(c), 
the functions of the National Weather Service shall include--
            (1) maintaining a network of local weather forecast 
        offices;
            (2) maintaining a network of observation systems to collect 
        weather and climate data;
            (3) operating national centers to deliver guidance, 
        forecasts, warnings, and analysis about weather, water, 
        climate, tsunami, and space weather phenomena for the 
        Administration and the public;
            (4) providing information to Federal agencies and other 
        organizations responsible for emergency preparedness and 
        response as required by law;
            (5) conducting and supporting applied research to 
        facilitate the rapid incorporation of weather and climate 
        science advances into operational tools; and
            (6) other functions to serve the mission of the National 
        Weather Service described in subsection (b).

SEC. 204. RESOURCE MANAGEMENT.

    (a) In General.--The Secretary shall maintain within the 
Administration programs to protect, maintain and restore the health and 
sustainability of coastal, ocean, and Great Lakes resources through 
ecosystem-based management.
    (b) Functions.--To accomplish the mission described in section 
201(b), and in addition to the functions described in section 201(c), 
the resource management aspects of the Administration shall take an 
ecosystem-based approach to fulfilling its responsibilities with 
respect to--
            (1) management of domestic and international fisheries for 
        increased sustainability;
            (2) conservation of marine mammals, protected species, 
        coral reefs, and other living marine resources;
            (3) protection and management of ocean and coastal areas, 
        including areas designated under the National Marine Sanctuary, 
        National Estuarine Research Reserve, and National Monument 
        systems, other managed areas, areas considered essential fish 
        habitat, and other important ecological areas as appropriate;
            (4) management of coastal zones and watersheds;
            (5) response to, mitigation of, and adequate compensation 
        for pollution events, including oil and other hazardous waste 
        spills;
            (6) restoration of degraded coastal and ocean areas, 
        including through a community-based approach;
            (7) partnerships with other Federal agencies and with 
        States and communities to address the issues of land-based 
        activities and their impact on the ocean environment;
            (8) mitigation of the impacts of natural and manmade 
        hazards;
            (9) control and minimization of invasive species 
        proliferation and marine debris;
            (10) assessment, monitoring, and promotion of the long-term 
        health, productivity, and diversity of the coasts, oceans, and 
        Great Lakes, and their natural resources; and
            (11) such other ecosystem-based resource management 
        functions to serve the mission of the Administration as the 
        Administrator may prescribe.

SEC. 205. OPERATIONS AND SERVICES.

    (a) In General.--The Secretary shall maintain within the 
Administration programs to support efforts, on a continuing basis, to 
collect data and provide information and products regarding satellites, 
observations, and coastal, ocean and Great Lakes information.
    (b) Functions.--To accomplish the mission described in section 
201(b), and in addition to the functions described in section 201(c), 
the operations and service functions of the Administration include--
            (1) acquiring, managing, and operating coastal, ocean, and 
        Great Lakes observing systems;
            (2) contributing to the operation of a global Earth-
        observing system;
            (3) integrating Administration remote sensing and in situ 
        assets that provide critical data needed to support the mission 
        of the Administration, and providing that data to decision-
        makers and the public;
            (4) developing, acquiring, and managing operational 
        environmental satellite programs and associated ground control 
        and data acquisition and delivery facilities to support the 
        mission of the Administration;
            (5) managing and distributing atmospheric, geophysical, and 
        marine data and data products for the Administration through 
        national environmental data centers;
            (6) providing for long-term stewardship of environmental 
        data, products, and information via data processing, storage, 
        reanalysis, reprocessing, and archive facilities;
            (7) issuing licenses for private remote sensing space 
        systems under the Land Remote Sensing Policy Act of 1992;
            (8) administering a national water level observation 
        network, which shall include monitoring of the Great Lakes;
            (9) providing charts and other information for safe 
        navigation of the oceans and inland waters, as provided by law;
            (10) maintaining a fleet of ships and aircraft to support 
        the mission of the Administration; and
            (11) such other operations and services functions to serve 
        the mission of the Administration as the Administrator may 
        prescribe.

SEC. 206. RESEARCH AND TECHNOLOGY DEVELOPMENT.

    (a) In General.--The Secretary shall maintain within the 
Administration programs to conduct and support research and the 
development of technologies relating to weather, climate, and the 
coasts, oceans, and Great Lakes.
    (b) Functions.--To accomplish the mission described in section 
201(b), and in addition to the functions described in section 201(c), 
the research and development functions of the Administration shall 
include--
            (1) conducting and supporting research and technology 
        development to improve the Administration's capabilities to 
        collect, through observation and otherwise, communicate, 
        analyze, process, and disseminate comprehensive scientific data 
        and information about weather, climate, and the coasts, oceans, 
        and Great Lakes;
            (2) improving ecological prediction and management 
        capabilities through ecosystem-based research and technology 
        development;
            (3) contributing information on the Earth's climate and 
        related systems, obtained through research and observation, 
        that addresses questions confronting policymakers, resources 
        managers, and other users;
            (4) reducing uncertainty in projections of how the Earth's 
        climate and related systems may change in the future;
            (5) conducting and supporting research and development of 
        technology for exploration of the oceans;
            (6) maintaining a system of laboratories to perform the 
        functions described in this subsection;
            (7) supporting extramural peer-reviewed competitive grant 
        programs to assist the Administration in performing the 
        functions described in this subsection; and
            (8) such other research and technology development 
        functions to serve the mission of the Administration as the 
        Administrator may prescribe.

SEC. 207. EDUCATION AND OUTREACH.

    (a) In General.--The Secretary shall maintain within the 
Administration the Office of Education.
    (b) Mission.--The mission of the Office of Education is to conduct 
and support education programs and outreach activities related to 
oceans and atmosphere, and to provide interagency and intra-agency 
coordination of such programs and activities on the national, regional, 
State, and local levels.
    (c) Functions.--To accomplish the mission described in section 
201(b), and in addition to the functions described in section 201(c), 
the education and outreach functions of the Administration, through the 
Office of Education, shall include--
            (1) fostering the public's ability to understand and 
        integrate scientific information into considerations of 
        national environmental issues through education and public 
        outreach activities;
            (2) informing the public about how the Earth's climate and 
        related systems may change in the future, based on the best 
        available science;
            (3) supporting and partnering with educational institutions 
        to foster ocean literacy and promote the ocean workforce, 
        especially minority-serving institutions;
            (4) support professional development and a program for 
        certification of individuals engaged in commercial uses of 
        ocean waters;
            (5) create and implement effective approaches to 
        disseminate agency products and ocean information to the 
        general public, including improving access to the 
        Administration's educational resources; and
            (6) such other education and outreach functions to serve 
        the mission of the Administration as the Administrator may 
        prescribe.

SEC. 208. SCIENCE ADVISORY BOARD.

    (a) In General.--There shall be within the Administration a Science 
Advisory Board, which shall provide such scientific advice as may be 
requested by the Administrator, the Committee on Commerce, Science, and 
Transportation of the Senate, or the Committee on Science or on 
Resources of the House of Representatives.
    (b) Purpose.--The purpose of the Science Advisory Board is to 
advise the Administrator and Congress on long-range and short-range 
strategies for research, education, and the application of science to 
coastal, ocean, and Great Lakes resource management and environmental 
assessment and prediction.
    (c) Members.--
            (1) In general.--The Science Advisory board shall be 
        composed of at least 15 members appointed by the administrator. 
        Each member of the board shall--
                    (A) be qualified by education, training, and 
                experience to evaluate scientific and technical 
                information on matters referred to the Board under this 
                section; and
                    (B) collectively represent a balanced group of 
                experts reflecting the full breadth of the 
                Administration's areas of responsibility.
            (2) Terms of service.--Members shall be appointed for 3-
        year terms, renewable once, and shall serve at the discretion 
        of the Administrator. An individual serving a term as a member 
        of the Science Advisory Board on the date of enactment of this 
        Act may complete that term, and may be reappointed once for 
        another term of 3 years unless the term being served on such 
        date of enactment is the second term served by that individual. 
        Vacancy appointments shall be for the remainder of the 
        unexpired term of the vacancy, and an individual so appointed 
        may subsequently be appointed for 2 full 3-year terms if the 
        remainder of the unexpired term is less than one year.
            (3) Chairperson.--The Administrator shall designate a 
        chairperson from among the members of the Board.
            (4) Appointment.--Members of the Science Advisory Board 
        shall be appointed as special Government employees, within the 
        meaning given such term in section 202(a) of title 18, United 
        States Code, and subject to the ethical standards therein.
    (d) Administrative Provisions.--
            (1) Reporting.--The Science Advisory Board shall report to 
        the Administrator and the appropriate requesting party.
            (2) Administrative support.--The Administrator shall 
        provide administrative support to the Science Advisory Board.
            (3) Meetings.--The Science Advisory Board shall meet at 
        least twice each year, and at other times at the call of the 
        Administrator or the Chairperson.
            (4) Compensation and expenses.--A member of the Science 
        Advisory Board shall not be compensated for service on such 
        board, but may be allowed travel expenses, including per diem 
        in lieu of subsistence, in accordance with subchapter I of 
        chapter 57 of title 5, United States Code.
            (5) Subcommittees.--The Science Advisory Board may 
        establish such subcommittees of its members as may be 
        necessary. The Science Advisory Board may establish task forces 
        and working groups consisting of Board members and outside 
        experts as may be necessary.
    (e) Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 App. 
        U.S.C.) shall not apply to the Science Advisory Board.
            (2) Compliance.--Notwithstanding paragraph (1), the Science 
        Advisory Board shall be appointed and operate in a manner 
        consistent with all provisions of the Federal Advisory 
        Committee Act with respect to--
                    (A) the balance of its membership;
                    (B) provision of public notice regarding its 
                activities;
                    (C) open meetings; and
                    (D) public access to documents created by Science 
                Advisory Board.

SEC. 209. REPORTS.

    (a) Report on Status of Ocean Ecosystems and Resources.--
            (1) Contents.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall develop a 
        baseline report on the status and condition of the ocean 
        ecosystems and resources under United States jurisdiction. Once 
        every 3 years thereafter, there shall be updates to the report. 
        In preparing the report, the Administrator shall consult with 
        the heads of other departments and agencies as appropriate. The 
        plan shall include--
                    (A) a description of the related activities of the 
                Administration to perform its functions under section 
                201(c) during the period covered by the report;
                    (B) an assessment of the status and condition of 
                the health of ecosystems in United States coastal, 
                ocean, and Great Lakes waters;
                    (C) an analysis of past, current, and projected 
                trends in the quality, management, and utilization of 
                United States coastal, ocean, and Great Lakes waters 
                and the effects of those trends on the economic, 
                social, educational, ecological, and other needs of the 
                United States;
                    (D) a review of the programs and covered actions 
                (including regulatory activities) of the Federal 
                Government, State and local governments, and 
                nongovernmental entities or individuals with particular 
                reference to their effect on coastal, ocean, and Great 
                Lakes waters and on the conservation, development, and 
                utilization of coastal, ocean, and Great Lakes 
                resources;
                    (E) an analysis of whether the programs and 
                activities (including regulatory activities) of the 
                Administration fully implemented the national oceans 
                policy under section 3 during the period covered by the 
                report; and
                    (F) a program for remedying the deficiencies of 
                existing programs and activities, including 
                recommendations for legislation and funding priorities.
            (2) Transmittal to congress.--The Administrator shall 
        transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Resources of 
        the House of Representatives the report, and subsequent 
        reports, as outlined in paragraph (1) upon completion.
    (b) Report on Data Management, Archival, and Distribution.--
            (1) Contents.--Not later than 1 year after the date of 
        enactment of this Act, and once every 5 years thereafter, the 
        Administrator shall do the following:
                    (A) Enter into an arrangement with the National 
                Academy of Sciences to review the environmental data 
                and information systems of the Administration and to 
                provide recommendations to address any inadequacies 
                identified by the review. The review shall assess the 
                adequacy of the environmental data and information 
                systems of the Administration to--
                            (i) provide adequate capacity to manage, 
                        archive and disseminate environmental 
                        information collected and processed, or 
                        expected to be collected and processed, by the 
                        Administration, including data gathered by 
                        other agencies that is processed or stored by 
                        the Administration;
                            (ii) establish, develop, and maintain 
                        information bases, including necessary 
                        management systems, which will provide for 
                        consistent, efficient, and compatible transfer 
                        and use of data;
                            (iii) develop effective interfaces among 
                        the environmental data and information systems 
                        of the Administration and other appropriate 
                        departments and agencies;
                            (iv) develop and use nationally accepted 
                        formats and standards for data collected by 
                        various national and international sources;
                            (v) integrate and interpret data from 
                        different sources to produce information that 
                        can be used by decision-makers in developing 
                        policies that effectively respond to national 
                        and global environmental concerns; and
                            (vi) reanalyze and reprocess the archived 
                        data as better science is developed to 
                        integrate diverse data sources.
                    (B) Develop a strategic plan, with respect to the 
                environmental data and information systems of the 
                Administration, to--
                            (i) respond to each of the recommendations 
                        in the review conducted under subparagraph (A);
                            (ii) set forth modernization and 
                        improvement objectives for an integrated 
                        national environmental data access and archive 
                        system for the 10-year period beginning with 
                        the year in which the plan is transmitted, 
                        including facility requirements and critical 
                        new technology components that would be 
                        necessary to meet the objectives set forth;
                            (iii) propose specific Administration 
                        programs and activities for implementing the 
                        plan;
                            (iv) identify the data and information 
                        management, reanalysis, reprocessing, archival, 
                        and distribution responsibilities of the 
                        Administration with respect to other Federal 
                        departments and agencies and international 
                        organizations; and
                            (v) provide an implementation schedule and 
                        estimate funding levels necessary to achieve 
                        modernization and improvement objectives.
            (2) Transmittal to congress.--Not later than 18 months 
        after the date of enactment of this Act, the Administrator 
        shall transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science of 
        the House of Representatives the initial review and strategic 
        plan developed under paragraph (1). Subsequent reviews and 
        strategic plans developed under paragraph (1) shall also be 
        transmitted to those committees upon completion.
    (c) Strategic Plan for Research and Development.--
            (1) Contents.--Not later than 1 year after the date of 
        enactment of this Act, and once every 5 years thereafter, the 
        Administrator shall develop a strategic plan for research and 
        development at the Administration. The plan shall include--
                    (A) an assessment of the science and technology 
                needs of the Administration based on the 
                Administration's operational requirements and on input 
                provided by external stakeholders at the national, 
                regional, State, and local levels; and
                    (B) a strategic plan that assigns specific programs 
                within the administration the responsibility to meet 
                each need identified under subparagraph (A) and that 
                describes the extent to which each need identified in 
                subparagraph (A) will be addressed through--
                            (i) intramural research;
                            (ii) extramural, peer-reviewed, competitive 
                        grant programs; and
                            (iii) work done in cooperation with other 
                        Federal agencies.
            (2) National academy of sciences review.--The Administrator 
        shall enter into an arrangement with the National Academy of 
        Sciences for a review of the plan developed under paragraph 
        (1).
            (3) Transmittal to congress.--Not later than 18 months 
        after the date of enactment of this Act, the Administrator 
        shall transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science of 
        the House of Representatives the initial strategic plan 
        developed under paragraph (1) and the review prepared pursuant 
        to paragraph (2). Subsequent strategic plans developed under 
        paragraph (1) shall also be transmitted to those committees 
        upon completion.
    (d) Other Reports.--
            (1) The Administrator shall submit to Congress other 
        reports and written notifications as explicitly described 
        elsewhere in this Act.
            (2) Nothing in this section shall be construed to waive any 
        other reporting required of the Administrator prior to 
        enactment of this Act.

SEC. 210. PUBLIC-PRIVATE PARTNERSHIPS.

    Not less than once every 5 years, the Secretary shall develop and 
submit to Congress a policy that defines processes for making decisions 
about the roles of the Administration, the private sector, and the 
academic community in providing environmental information, products, 
technologies, and services. The first such submission shall be 
completed not less than 3 years after the date of enactment of this 
Act. At least 90 days before each submission of the policy to Congress, 
the Secretary shall publish the policy in the Federal Register for a 
public comment period of not less than 60 days. Nothing in this section 
shall be construed to require changes in the policy in effect on the 
date of enactment of this Act.

SEC. 211. REORGANIZATION PLAN.

    (a) In General.--The Administrator shall develop a reorganization 
plan for the Administration as described in this section, and in 
accordance with section 101. In developing the plan, the Administrator 
shall consult with interested parties, including the States, academia, 
industry, conservation organizations, and Administration employees.
    (b) Content.--The plan, to the greatest extent practicable, shall--
            (1) consider aspects of the administration, such as--
                    (A) leadership positions and roles;
                    (B) program offices and duties;
                    (C) regional and ecosystem-wide approaches to 
                management;
                    (D) coordination with outside entities, both 
                nationally and internationally; and
                    (E) needs to expand or downsize employees and/or 
                facilities.
            (2) consistent with section 201 and the other provisions of 
        this Act, maximize the efficiency with which the Administration 
        carries out and assures the effectiveness of the functions of--
                    (A) operations and services;
                    (B) research and education; and
                    (C) resource management;
            (3) improve the sharing of research and other information 
        that is of use across programmatic themes; and
            (4) eliminate duplication of effort or overlapping efforts 
        among offices.
    (c) Schedule.--
            (1) Not later than 18 months after the date of enactment of 
        this Act, the Administrator shall develop the plan and shall 
        publish the plan in the Federal Register.
            (2) The Federal Register notice shall solicit comments for 
        a period of 60 days.
            (3) Not later than 120 days after the expiration date of 
        the comment period described in paragraph (2), the 
        Administrator shall complete a revised version of the plan that 
        takes into account the comments received.
            (4) Upon completing the revision, along with an explanation 
        of how the administrator addressed each issue raised by the 
        public comments received, the administrator shall--
                    (A) transmit the revised plan and explanation to 
                the National Oceans Advisor, established in section 301 
                for review;
                    (B) transmit the revised plan and explanation to 
                the Committee on Commerce, Science, and Transportation 
                of the Senate and the Committees on Science and on 
                Resources of the House of Representatives for review; 
                and
                    (C) publish the revised plan and explanation in the 
                Federal Register.
    (d) Implementation.--If no objections are received from the 
National Oceans Advisor or Congress within 90 days of transmittal of 
the revised plan, the Administrator shall implement the such plan.
    (e) Reporting.--
            (1) Administration internal review.--Once every 3 years 
        after implementation of the reorganization plan, the 
        Administrator shall transmit a report to Congress assessing the 
        effectiveness and efficiency of the Administration in carrying 
        out its functions and fulfilling its mission, as set forth in 
        sections 201(b) and 201(c), respectively;
            (2) Government accountability office review.--Not later 
        than 5 years after the Administration implements the 
        reorganization plan, and every 5 years thereafter, the 
        Government Accountability Office shall conduct an independent 
        review of the effectiveness and efficiency of the 
        Administration in carrying out its functions and fulfilling its 
        mission, as set forth in sections 201(b) and 201(c), 
        respectively. Upon completing the review, the Government 
        Accountability Office shall transmit a report to Congress with 
        its findings.

SEC. 212. FACILITY EVALUATION PROCESS.

    (a) Definition.--For purposes of this section--
            (1) the term ``facility'' means a laboratory, operations 
        office, administrative service center, or other establishment 
        of the Administration; and
            (2) the term ``field office'' has the same meaning given 
        that term in section 702 of the Weather Service Modernization 
        Act.
    (b) Public Notification and Assessment Process.--
            (1) In general.--The Administrator shall not close, 
        consolidate, relocate, subdivide, or establish a facility of 
        the Administration, unless and until the Administrator has 
        followed the procedures required by this section.
            (2) Review process.--The Administrator shall not close, 
        consolidate, relocate, subdivide, or establish a facility of 
        the Administration with an annual operating budget of 
        $5,000,000 or greater, or a National Weather Service field 
        office, unless and until--
                    (A) the Administrator has published in the Federal 
                Register the proposed action and a description of the 
                offices, personnel, and activities of the 
                Administration that would be affected by the proposed 
                change, and has provided for a minimum of 60 days for 
                public comment;
                    (B) if the proposed change involves a science 
                facility of the Administration, the Science Advisory 
                Board has reviewed the proposed change and provided to 
                the Administrator written findings regarding the 
                proposed change;
                    (C) if the proposed change involves a National 
                Weather Service field office, the Administrator has 
                prepared a report including--
                            (i) a description of local weather 
                        characteristics and weather-related concerns 
                        which affect the weather services provided 
                        within the service area;
                            (ii) a detailed comparison of the services 
                        provided within the service area and the 
                        services to be provided after the proposed 
                        change;
                            (iii) a description of any recent or 
                        expected modernization of National Weather 
                        Service operations which will enhance services 
                        in the service area;
                            (iv) an identification of any area within 
                        any State which would not receive coverage (at 
                        an elevation of 10,000 feet) due to the 
                        proposed change; and
                            (v) evidence, based on operational 
                        demonstration of National Weather Service 
                        operations, which was considered in reaching 
                        the conclusion that no degradation in service 
                        will result from the proposed change;
                    (D) the Administrator has prepared an analysis of 
                the anticipated costs and savings associated with the 
                proposed facility change, including both costs and 
                savings in the first fiscal year following the change, 
                and changes in operations and maintenance costs and 
                savings over a ten-year period; and
                    (E) the Administrator has prepared an analysis of 
                the effects of the facility change on operations and 
                research of the Administration, and the potential 
                impacts on cooperative institutes, other external 
                Administration partnerships, partnerships with other 
                Federal agencies, and any State and local partnerships.
            (3) Notice to congress.--
                    (A) The Administrator shall provide to Congress, at 
                least 90 days before any closure, consolidation, 
                relocation, subdivision, or establishment of a facility 
                of the Administration with an annual budget of 
                $5,000,000 or greater, or any National Weather Service 
                field office, a summary of the public comments received 
                pursuant to paragraph (2)(A), any written findings 
                prepared under paragraph (2)(B), any report prepared 
                under paragraph (2)(C), and the analyses prepared under 
                paragraph (2)(D) and (E).
                    (B) The Administrator shall provide to Congress, at 
                least 90 days before any closure, consolidation, 
                relocation, subdivision, or establishment of a facility 
                of the Administration not described in subparagraph 
                (A), written notification of the planned closure, 
                consolidation, relocation, subdivision, or 
                establishment.
    (c) National Weather Service Modernization.--Nothing in this Act 
shall be construed to alter the Weather Service Modernization Act (15 
U.S.C. 313 note).

SEC. 213. ADMINISTRATION BUDGET.

    (a) Examination.--When the Administrator submits the annual budget 
request for the Administration and its programs to the Director of the 
Office of Management and Budget, examination shall take place within 
natural resource programs.
    (b) Reprogramming.--Whenever the Administrator transmits a budget 
reprogramming request to the Appropriations Committees of the House of 
Representatives and the Senate, the Administrator shall simultaneously 
submit a copy of the request to the Committee on Science and the 
Committee on Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate.

SEC. 214. BASELINES AND COST CONTROLS.

    (a) Definitions.--For the purposes of this section--
            (1) the term ``development'' means the phase of a program 
        following the formulation phase and beginning with the approval 
        to proceed to implementation;
            (2) the term ``development cost'' means the total of all 
        costs, including construction of facilities and civil servant 
        costs, from the period beginning with the approval to proceed 
        to implementation through the achievement of operational 
        readiness, without regard to funding source or management 
        control, for the life of the program;
            (3) the term ``life-cycle cost'' means the total of the 
        direct, indirect, recurring, and nonrecurring costs, including 
        the construction of facilities and civil servant costs, and 
        other related expenses incurred or estimated to be incurred in 
        the design, development, verification, production, operation, 
        maintenance, support, and retirement of a program over its 
        planned lifespan, without regard to funding source or 
        management control; and
            (4) the term ``major program'' means an activity approved 
        to proceed to implementation that has an estimated life-cycle 
        cost of more than $250,000,000.
    (b) Conditions for Development.--
            (1) In general.--The Administration shall not enter into a 
        contract for the development of a major program unless the 
        Administrator determines that--
                    (A) the technical, cost, and schedule risks of the 
                program are clearly identified and the program has 
                developed a plan to minimize those risks;
                    (B) the technologies required for the program have 
                been demonstrated in a relevant laboratory or test 
                environment; and
                    (C) the program complies with all relevant 
                policies, regulations, and directives of the 
                Administration.
            (2) Report.--The Administrator shall transmit a report 
        describing the basis for the determination required under 
        paragraph (1) to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate at least 30 days before entering 
        into a contract for development under a major program.
            (3) Non-delegation.--The Administrator may not delegate the 
        determination requirement under this subsection, except in 
        cases in which the Administrator has a conflict of interest.
    (c) Major Program Annual Reports.--
            (1) Requirement.--Annually, at the same time as the 
        President's annual budget submission to the Congress, the 
        Administrator shall transmit to the Committee on Science of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        includes the information required by this section for each 
        major program for which the Administration proposes to expend 
        funds in the subsequent fiscal year. Reports under this 
        paragraph shall be known as Major Program Annual Reports.
            (2) Baseline report.--The first Major Program Annual Report 
        for each major program shall include a Baseline Report that 
        shall, at a minimum, include--
                    (A) the purposes of the program and key technical 
                characteristics necessary to fulfill those purposes;
                    (B) an estimate of the life-cycle cost for the 
                program, with a detailed breakout of the development 
                cost, program reserves, and an estimate of the annual 
                costs until development is completed;
                    (C) the schedule for development, including key 
                program milestones;
                    (D) the plan for mitigating technical, cost, and 
                schedule risks identified in accordance with subsection 
                (b)(1)(A); and
                    (E) the name of the person responsible for making 
                notifications under subsection (d), who shall be an 
                individual whose primary responsibility is overseeing 
                the program.
            (3) Information updates.--For major programs for which a 
        Baseline Report has been submitted, each subsequent Major 
        Program Annual Report shall describe any changes to the 
        information that had been provided in the Baseline Report, and 
        the reasons for those changes.
    (d) Notification.--
            (1) Requirement.--The individual identified under 
        subsection (c)(2)(E) shall immediately notify the Administrator 
        any time that individual has reasonable cause to believe that, 
        for the major program for which he or she is responsible--
                    (A) the development cost of the program is likely 
                to exceed the estimate provided in the Baseline Report 
                of the program by 15 percent or more; or
                    (B) a milestone of the program is likely to be 
                delayed by 6 months or more from the date provided for 
                it in the Baseline Report of the program.
            (2) Reasons.--Not later than 30 days after the notification 
        required under paragraph (1), the individual identified under 
        subsection (c)(2)(E) shall transmit to the Administrator a 
        written notification explaining the reasons for the change in 
        the cost or milestone of the program for which notification was 
        provided under paragraph (1).
            (3) Notification of congress.--Not later than 15 days after 
        the Administrator receives a written notification under 
        paragraph (2), the Administrator shall transmit the 
        notification to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
    (e) Fifteen Percent, Six-Month Threshold.--Not later than 30 days 
after receiving a written notification under subsection (d)(2), the 
Administrator shall determine whether the development cost of the 
program is likely to exceed the estimate provided in the Baseline 
Report of the program by 15 percent or more, or whether a milestone is 
likely to be delayed by 6 months or more. If the determination is 
affirmative, the Administrator shall--
            (1) transmit to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate, not later than 15 days after 
        making the determination, a report that includes--
                    (A) a description of the increase in cost or delay 
                in schedule and a detailed explanation for the increase 
                or delay;
                    (B) a description of actions taken or proposed to 
                be taken in response to the cost increase or delay; and
                    (C) a description of any impacts the cost increase 
                or schedule delay, or the actions described under 
                subparagraph (B), will have on any other program within 
                the Administration; and
            (2) if the Administrator intends to continue with the 
        program, promptly initiate an analysis of the program, which 
        shall include, at a minimum--
                    (A) the projected cost and schedule for completing 
                the program if current requirements of the program are 
                not modified;
                    (B) the projected cost and the schedule for 
                completing the program after instituting the actions 
                described under paragraph (1)(B); and
                    (C) a description of, and the projected cost and 
                schedule for, a broad range of alternatives to the 
                program.
        The Administration shall complete an analysis initiated under 
        paragraph (2) not later than 3 months after the Administrator 
        makes a determination under this subsection. The Administrator 
        shall transmit the analysis to the Committee on Science of the 
        House of Representatives and Committee on Commerce, Science, 
        and Transportation of the Senate not later than 30 days after 
        its completion.
    (f) Thirty Percent Threshold.--If the Administrator determines 
under subsection (d) that the development cost of a program will exceed 
the estimate provided in the Baseline Report of the program by more 
than 30 percent, then, beginning 18 months after the date the 
Administrator transmits a report under section (e)(1), the 
Administrator shall not expend any additional funds on the program, 
other than termination costs, unless the Congress has subsequently 
authorized continuation of the program by law. An appropriation for the 
specific program enacted subsequent to a report being transmitted shall 
be considered an authorization for purposes of this subsection. If the 
program is continued, the Administrator shall submit a new Baseline 
Report for the program no later than 90 days after the date of 
enactment of the Act under which Congress has authorized continuation 
of the program.

SEC. 215. OFFSHORE PERFORMANCE OF CONTRACTS FOR THE PROCUREMENT OF 
              GOODS AND SERVICES.

    (a) Limitations.--
            (1) Conversions to contractor performance of administration 
        activities.--Except as provided in paragraph (3), an activity 
        or function of the Administration that is converted to 
        contractor performance under Office of Management and Budget 
        Circular A-76 may not be performed by the contractor or any 
        subcontractor at a location outside the United States.
            (2) Contracts for the procurement of services.--
                    (A) Except as provided in paragraph (3), a contract 
                for the procurement of goods or services that is 
                entered into by the Administrator may not be performed 
                outside the United States unless it is to meet a 
                requirement of the Administration for goods or services 
                specifically at a location outside the United States.
                    (B) The President may waive the prohibition in 
                subparagraph (A) in the case of any contract for which 
                the President determines in writing that it is 
                necessary in the national security interests of the 
                United States for goods or services under the contract 
                to be performed outside the United States.
                    (C) The Administrator may waive the prohibition in 
                subparagraph (A) in the case of any contract for which 
                the Administrator determines in writing that essential 
                goods or services under the contract are only available 
                from a source outside the United States.
            (3) Exception.--Paragraphs (1) and (2)(A) shall not apply 
        to the extent that the activity or function under the contract 
        was previously performed by Federal Government employees 
        outside the United States.
            (4) Consistency with international agreements.--The 
        provisions of this section shall not apply to the extent that 
        they are inconsistent with obligations of the United States 
        under international agreements.
    (b) Recordkeeping and Reporting Requirement.--The Administrator 
shall transmit to Congress, not later than 120 days after the end of 
each fiscal year beginning with the first fiscal year after the date of 
enactment of this Act, a report on the contracts and subcontracts 
performed overseas and the amount of purchases directly or indirectly 
by the Administration from foreign entities in that fiscal year. The 
report shall separately indicate--
            (1) the contracts and subcontracts and their dollar values 
        for which the Administrator determines that essential goods or 
        services under the contract are available only from a source 
        outside the United States; and
            (2) the items and their dollar values for which the Buy 
        American Act was waived pursuant to obligations of the United 
        States under international agreements.

         TITLE III--NATIONAL OCEAN LEADERSHIP AND COORDINATION

SEC. 301. NATIONAL OCEANS ADVISOR.

    (a) Establishment.--
            (1) In general.--There is established in the Executive 
        Office of the President a National Oceans Advisor, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Compensation.--The Advisor shall be paid at a rate 
        specified by the President not to exceed the rate payable for 
        Level V of the Executive Schedule under section 5136 of title 
        5, United States Code.
    (b) Functions.--The Advisor shall--
            (1) advise the President on implementation of this Act, 
        activities of the Committee on Ocean Policy, section 302, and 
        other covered actions relating to United States ocean and 
        coastal waters and marine ecosystem health;
            (2) serve as the Executive Director and Chair of the 
        Committee on Ocean Policy established by section 302; and
            (3) in consultation with the Administrator, coordinate 
        Federal agency covered actions related to United States ocean 
        waters and marine ecosystem health.
    (c) Staffing.--
            (1) The Advisor, without regard to the civil service laws 
        and regulations governing employment in the competitive 
        service, may employ such officers and employees as may be 
        necessary to carry out the functions of the National Oceans 
        Advisor under this Act.
            (2) The Advisor may accept, employ, and terminate voluntary 
        and uncompensated services in furtherance of the purposes of 
        the Advisor.

SEC. 302. COMMITTEE ON OCEAN POLICY.

    (a) Establishment.--There is established in the Executive Office of 
the President a Committee on Ocean Policy (in this title referred to as 
the ``Committee''), which succeeds the Committee on Ocean Policy 
established on December 17, 2004, by Executive Order 13366 and shall 
continue the activities of that committee as it was in existence on the 
day before the date of enactment of this Act.
    (b) Functions.--The Committee shall--
            (1) facilitate interagency coordination on Federal agency 
        covered actions related to United States ocean waters and 
        marine ecosystem health and the implementation of this Act;
            (2) review and appraise the various programs and activities 
        of the Federal Government for consistency with the policy and 
        standards set forth in section 101 and make recommendations to 
        the President with respect thereto no later than 18 months 
        after the date of enactment of this Act;
            (3) resolve interagency disputes regarding marine ecosystem 
        health and in particular the implementation of this Act;
            (4) coordinate and certify agency ocean budgets regarding 
        their sufficiency to achieve the policy and standards set forth 
        in section 101;
            (5) in coordination with the Administrator, submit to the 
        President and publish at least once every 3 years a report on 
        the condition of United States ocean waters; and
            (6) obtain and provide information to facilitate and 
        advance ecosystem-based management of Regional Ocean 
        Partnerships in accordance with title IV.
    (c) Chair.--The National Oceans Advisor shall be a non-voting 
member and the chair of the committee as set forth in section 
301(b)(2), and shall, in this capacity, be responsible for--
            (1) regularly convening and presiding at meetings of the 
        Committee;
            (2) directing the work of the Committee; and
            (3) establishing and directing subcommittees of the 
        Committee, as appropriate.
    (d) Membership.--
            (1) In general.--The Committee shall have the following 
        voting members:
                    (A) The Secretary of Commerce.
                    (B) The Secretary of State.
                    (C) The Secretary of the Interior.
                    (D) The Secretary of Defense.
                    (E) The Secretary of Agriculture.
                    (F) The Secretary of Transportation.
                    (G) The Secretary of Homeland Security.
                    (H) The Secretary of Education.
                    (I) The Secretary of Energy.
                    (J) The Secretary of Health and Human Services.
                    (K) The Secretary of Labor
                    (L) The Attorney General
                    (M) The Administrator of the Environmental 
                Protection Agency.
                    (N) The Director of the Office of Management and 
                Budget.
                    (O) The Director of the National Science 
                Foundation.
                    (P) Six State Governors appointed by the National 
                Governors Association, who shall represent State and 
                local interests.
                    (Q) The Administrator of the National Aeronautics 
                and Space Administration.
                    (R) The Chair of the National Research Council 
                Governing Board.
                    (S) The Chair of the Council on Environmental 
                Quality.
            (2) Delegation.--A member of the Committee may designate, 
        to perform the Committee or subcommittee functions of the 
        member, any person who is within such member's department, 
        agency, or office and who is--
                    (A) an officer of the United States appointed by 
                the President;
                    (B) a member of the Senior Executive Service; or
                    (C) an officer or employee within the Executive 
                Office of the President.
            (3) State governor members.--
                    (A) Terms.--Of the members appointed under 
                paragraph (1)(P)--
                            (i) their term as a member shall be 4 
                        years, with eligibility for reappointment;
                            (ii) at least 4 shall be Governors of 
                        coastal States; and
                            (iii) any that cannot serve the full length 
                        of their term shall be replaced by the new 
                        Governor or acting Governor of that State to 
                        carry out the remainder of that term.
                    (B) Limitation on appointment.--A Governor of a 
                State may not be appointed under paragraph (1)(P) to a 
                term on the Committee that begins before the end of the 
                4-year period that begins upon the expiration of a 
                prior term on the Committee served by the Governor.
    (e) Subcommittees.--The Chair of the Committee, with consultation 
with the Administrator, has the authority to create such subcommittees 
of the Committee as necessary to help carry out the functions of the 
Committee.
    (f) Coordination.--The Chair of the Council on Environmental 
Quality and the National Oceans Advisor shall ensure appropriate 
coordination of the activities of the Committee and other policy 
coordination structures relating to ocean or maritime issues.
    (g) Funding.--Consistent with applicable law and subject to the 
availability of appropriations, the Council on Environmental Quality 
shall provide the funding, including through the Office of 
Environmental Quality and administrative support for the Committee 
necessary to implement this section.
    (h) Staff.--
            (1) In general.--The Chair, without regard to the civil 
        service laws and regulations, may employ and terminate such 
        employees as may be necessary to carry out its function under 
        this Act.
            (2) Voluntary and uncompensated services.--The Chair may 
        accept, employ, and terminate voluntary and uncompensated 
        services in furtherance of the purposes of the Committee.
    (i) Resources.--In carrying out its functions under this Act, the 
Committee may secure directly from any Federal agency or department any 
information it considers to be necessary to carry out its functions 
under this Act. Each such agency or department may cooperate with the 
Committee and, to the extent permitted by law, shall furnish such 
information (other than information described in section 552(b)(1)(A) 
of title 5, United States Code) to the Committee, upon request of the 
Committee.
    (j) Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 App. 
        U.S.C.) shall not apply to the Committee on Ocean Policy, or 
        any of its subcommittees formed in accordance with section 
        302(e).
            (2) Compliance.--Notwithstanding paragraph (1), the 
        Committee and its subcommittees shall be appointed and operate 
        in a manner consistent with all provisions of the Federal 
        Advisory Committee Act with respect to--
                    (A) the balance of its of the Committee;
                    (B) provision of public notice regarding its 
                activities;
                    (C) open meetings; and
                    (D) public access to documents created by the 
                Committee.

SEC. 303. ESTABLISHING A COORDINATED MANAGEMENT REGIME FOR ACTIVITIES 
              IN FEDERAL WATERS.

    The Committee shall submit to the Congress by not later than 2 
years after the date of the enactment of this Act recommendations with 
justifications, a plan, and proposed schedule for creating a balanced, 
efficient, and effective ecosystem-based management regime for 
activities in Federal waters that--
            (1) consider the use of ocean zoning and cumulative impacts 
        of multiple uses;
            (2) designate a lead Federal agency for each existing 
        activity and new activity in Federal waters;
            (3) ensure that each such lead Federal agency coordinates 
        with other applicable authorities, including States and 
        Regional Ocean Partnerships established under title IV of this 
        Act;
            (4) consider possible consolidation of oceanic or 
        atmospheric programs, functions, services, or resources within 
        or among Federal agencies, if their consolidation would not 
        undermine policy goals set forth in this Act;
            (5) fully consider the public interest; and
            (6) are consistent with the national ocean policy and 
        standards as set forth in section 101 of this Act.

SEC. 304. COUNCIL OF ADVISORS ON OCEANS POLICY.

    (a) Establishment.--There is established the Council of Advisors on 
Oceans Policy (in this section referred to as the ``Council''), which 
shall advise the President, the National Oceans Advisor, and the 
Committee on Ocean Policy on policies to protect, maintain, and restore 
the health of marine ecosystems on a regional and national basis.
    (b) Membership.--The Council shall have at least 15 members 
appointed by the president, in consultation with the National Ocean 
Advisor established in section 301. Members of the Council shall--
            (1) be appointed based on their knowledge and experience in 
        coastal, ocean, and atmospheric science, policy, and other 
        related areas; and
            (2) include at least 1 representative of each of the 
        following:
                    (A) State governments;
                    (B) Local governments;
                    (C) Indian tribes;
                    (D) The marine science research community;
                    (E) The marine science education community;
                    (F) Fisheries;
                    (G) Non-fishing marine activities;
                    (H) Agriculture, which may include timber;
                    (I) Watershed organizations (other than 
                organizations represented under subparagraph (J)), 
                which may include resource conservation districts; and
                    (J) Nongovernmental organizations (other than 
                organizations represented under subparagraph (I)), 
                including groups interested in marine conservation.
    (c) Terms of Membership.--
            (1) In general.--Except as provided in paragraph (2), the 
        term of a member of the Council shall be 4 years.
            (2) Initial appointees.--Of the members initially appointed 
        to the Council--
                    (A) at least one-half shall be appointed to a 4-
                year term that ends in a Federal election year in which 
                there occurs an election of the President; and
                    (B) at least one-half shall be appointed to a 4-
                year term that ends in a Federal election year in which 
                there does not occur an election of the President.
            (3) Vacancies.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed only for 
        the remainder of that term.
            (4) Limitation.--An individual may not serve more than 2 
        terms as a member of the Council.
    (d) Meetings.--The Council shall meet at least 2 times each year 
and more often at the President's discretion.
    (e) Compensation and Expenses.--A member of the Council shall not 
receive compensation for service on the Council, but upon request by 
the member may be allowed travel expenses, including per diem in lieu 
of subsistence, in accordance with subchapter I of chapter 57 of title 
5, United States Code.
    (f) Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 App. 
        U.S.C.) shall not apply to the Council of Advisors on Oceans 
        Policy.
            (2) Compliance.--Notwithstanding paragraph (1), the Council 
        shall be appointed and operate in a manner consistent with all 
        provisions of the Federal Advisory Committee Act with respect 
        to
                    (A) the balance of its membership;
                    (B) provision of public notice regarding its 
                activities;
                    (C) open meetings; and
                    (D) public access to documents created by the 
                Council.

         TITLE IV--REGIONAL COORDINATION AND ECOSYSTEM PLANNING

SEC. 401. FINDINGS.

    The Congress finds the following:
            (1) Establishing a national network of governance planning 
        bodies at the regional level is essential for solving many 
        pressing United States ocean and coastal issues.
            (2) Several States and regions have developed ocean 
        management strategies that can be used as templates for 
        coordinating among various government entities. A new national 
        framework is needed to extend, integrate, and support these 
        efforts.
            (3) Large marine ecosystems are biogeographically distinct 
        ecosystem units and provide an appropriate spatial scale for 
        ecosystem-based regional ocean governance.
            (4) Because ecosystems do not align with political 
        jurisdictions, regional ocean governance mechanisms must 
        provide for cooperation and collaboration within and among 
        multiple levels of government, including local, State, tribal, 
        and Federal governments.
            (5) Effective regional ocean governance requires 
        transparency and must include ample opportunities for input and 
        participation by stakeholders and the public.
            (6) Important ecological areas within each large marine 
        ecosystem need to be identified and monitored.
            (7) Additional funding and other resources are necessary to 
        promote regional coordination and collaboration and to 
        implement regional solutions to current and future ocean and 
        coastal management challenges.

SEC. 402. REGIONAL OCEAN PARTNERSHIPS.

    (a) In General.--Within 1 year after the date of the enactment of 
this Act, the Administrator and appropriate States, in consultation 
with the Committee on Ocean Policy, shall establish a Regional Ocean 
Partnership (in this title referred to as ``Partnership'') for each of 
the ocean regions established by this section, and in accordance with 
the policies and standards in section 101, in order to--
            (1) provide for more systematic communication, 
        collaboration, and integration of Federal and State coastal and 
        ocean environmental and resource management efforts;
            (2) provide for regional ecosystem assessment and 
        information programs to guide management decisions;
            (3) provide for the identification and monitoring of 
        important ecological areas;
            (4) provide for the creation of a strategic plan for and 
        implement adaptive, ecosystem-based management of coastal and 
        ocean resources within ocean regions, building on and 
        complementing local, State, and regional efforts; and
            (5) provide for improved citizen and community stewardship 
        of coastal and ocean resources.
    (b) Regions.--
            (1) In general.--There are hereby designated the following 
        ocean regions:
                    (A) North pacific ocean region.--The North Pacific 
                Ocean Region, which shall consist of the coastal zone 
                (as defined in section 304 of the Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1453)) and watershed 
                areas of the State of Alaska that have a significant 
                impact on coastal waters of the State of Alaska seaward 
                to the extent of the Exclusive Economic Zone as 
                specified in Presidential Proclamation Number 5030, 
                dated March 10, 1983.
                    (B) Pacific ocean region.--The Pacific Ocean 
                Region, which shall consist of the coastal zone (as 
                defined in section 304 of the Coastal Zone Management 
                Act of 1972 (16 U.S.C. 1453)) and watershed areas of 
                the States that have a significant impact on coastal 
                waters of the States of Washington, Oregon, and 
                California seaward to the extent of the Exclusive 
                Economic Zone as specified in Presidential Proclamation 
                Number 5030, dated March 10, 1983.
                    (C) Western pacific ocean region.--The Western 
                Pacific Ocean Region, which shall consist of the 
                coastal zone (as defined in section 304 of the Coastal 
                Zone Management Act of 1972 (16 U.S.C. 1453)) and 
                watershed areas of the States that have a significant 
                impact on coastal waters of the States of Hawaii, Guam, 
                American Samoa, and the Northern Mariana Islands 
                seaward to the extent of the Exclusive Economic Zone as 
                specified in Presidential Proclamation Number 5030, 
                dated March 10, 1983, including the territorial waters 
                of the Commonwealths, territories, and possessions of 
                the United States in the Pacific Ocean.
                    (D) Gulf of mexico ocean region.--The Gulf of 
                Mexico Ocean Region, which shall consist of the coastal 
                zone (as defined in section 304 of the Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1453)) and watershed 
                areas of the States that have a significant impact on 
                coastal waters of the States of Texas, Louisiana, 
                Mississippi, Alabama, and Florida seaward to the extent 
                of the Exclusive Economic Zone as specified in 
                Presidential Proclamation Number 5030, dated March 10, 
                1983.
                    (E) Caribbean ocean region.--The Caribbean Ocean 
                Region, which shall consist of the coastal zone (as 
                defined in section 304 of the Coastal Zone Management 
                Act of 1972 (16 U.S.C. 1453)) and watershed areas of 
                the States that have a significant impact on coastal 
                waters of the Virgin Islands and the Commonwealth of 
                Puerto Rico seaward to the extent of the Exclusive 
                Economic Zone as specified in Presidential Proclamation 
                Number 5030, dated March 10, 1983, including the 
                territorial waters of the Caribbean Sea and Atlantic 
                Ocean.
                    (F) Southeast atlantic ocean region.--The Southeast 
                Atlantic Ocean Region, which shall consist of the 
                coastal zone (as defined in section 304 of the Coastal 
                Zone Management Act of 1972 (16 U.S.C. 1453)) and 
                watershed areas of the States that have a significant 
                impact on coastal waters of the States of Florida, 
                Georgia, South Carolina, and North Carolina seaward to 
                the extent of the Exclusive Economic Zone as specified 
                in Presidential Proclamation Number 5030, dated March 
                10, 1983.
                    (G) Northeast atlantic ocean region.--The Northeast 
                Atlantic Ocean Region, which shall consist of the 
                coastal zone (as defined in section 304 of the Coastal 
                Zone Management Act of 1972 (16 U.S.C. 1453)) and 
                watershed areas of the States that have a significant 
                impact on coastal waters of the States of Maine, New 
                Hampshire, Massachusetts, Rhode Island, and Connecticut 
                seaward to the extent of the Exclusive Economic Zone as 
                specified in Presidential Proclamation Number 5030, 
                dated March 10, 1983.
                    (H) Mid-atlantic ocean region.--The Mid-Atlantic 
                Ocean Region, which shall consist of the coastal zone 
                (as defined in section 304 of the Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1453)) and watershed 
                areas of the States that have a significant impact on 
                coastal waters of the States of New York, New Jersey, 
                Delaware, Maryland, Pennsylvania, and Virginia seaward 
                to the extent of the Exclusive Economic Zone as 
                specified in Presidential Proclamation Number 5030, 
                dated March 10, 1983.
                    (I) Great lakes region.--The Great Lakes Region, 
                which shall consist of the coastal zone (as defined in 
                section 304 of the Coastal Zone Management Act of 1972 
                (16 U.S.C. 1453)) and watershed areas of the States 
                that have a significant impact on coastal waters of the 
                States of Wisconsin, Minnesota, Michigan, Illinois, 
                Indiana, Ohio, New York, and Pennsylvania to the extent 
                of the territorial waters of the United States in the 
                Great Lakes.
            (2) Subregions.--Each Partnership may establish such 
        subregions, or geographically specified management areas, as 
        necessary for efficient and effective management of region-
        specific ecosystem issues.
    (c) Membership.--
            (1) Federal representatives.--
                    (A) In general.--Within 90 days after the date of 
                the enactment of this Act, the Administrator, in 
                consultation with the Committee on Ocean Policy, shall 
                coordinate representatives of the Federal Government to 
                form each Partnership. Such representatives shall be 
                officers or employees of Federal agencies and 
                departments that have expertise in and oversee ocean 
                and coastal policy or resource management. Each Federal 
                agency or department shall select and appoint their 
                representatives to each Partnership. The Administrator, 
                or his or her designated representative, shall serve as 
                the chairperson of each Partnership.
                    (B) Included entities.--The representatives 
                appointed to each Partnership under this paragraph 
                shall include one or more officers or employees of the 
                Administration, the Department of the Interior, the 
                Environmental Protection Agency, the Department of 
                Agriculture, the Army Corps of Engineers, the 
                Department of Defense, the Department of Homeland 
                Security, the Department of Commerce, and other Federal 
                agencies and departments as necessary.
            (2) State and tribal representatives.--
                    (A) Coastal state appointments.--The Governor of 
                each Coastal State within the ocean region of a 
                Partnership shall appoint an officer or employee of the 
                State agency with primary responsibility for overseeing 
                ocean and coastal policy or resource management to that 
                Partnership.
                    (B) Inland state appointment.--Where appropriate, 
                the Administrator shall receive nominations and select 
                one representative from each of two of the inland 
                States that, according to maps and data of the United 
                States Geological Survey, have jurisdiction over waters 
                that feed into the ocean region for which a Partnership 
                must prepare a Regional Ocean Strategic Plan.
                    (C) Western pacific and caribbean regional ocean 
                partnerships.--The Governors of American Samoa, Guam, 
                and the Northern Mariana Islands shall each appoint an 
                officer or employee of the agency with primary 
                responsibility for overseeing ocean and coastal policy 
                or resource management to the Western Pacific Regional 
                Ocean Partnership. The Governors of the Virgin Islands 
                and the Commonwealth of Puerto Rico shall each appoint 
                an officer or employee of the agency with primary 
                responsibility for overseeing ocean and coastal policy 
                or resource management to the Caribbean Regional Ocean 
                Partnership.
                    (D) North pacific regional ocean partnership.--The 
                Governor of the State of Washington shall appoint an 
                officer or employee of the Washington State agency with 
                primary responsibility for overseeing ocean and coastal 
                policy or resource management to the North Pacific 
                Regional Ocean Partnership.
            (3) International representatives.--Where appropriate, each 
        Partnership shall foster nonbinding relationships with foreign 
        governments, agencies, States, provinces, and other entities as 
        appropriate, at scales appropriate to the region under the 
        authority of a Partnership, including by providing 
        opportunities for nonvoting participation by foreign 
        representatives at meetings of the Partnership, its advisory 
        committees, and other working groups.
            (4) Regional fisheries management council representative.--
        The executive director of each Regional Fishery Management 
        Council having jurisdiction over the ocean region of a 
        Partnership shall serve as a voting member of the Partnership, 
        and shall be considered a non-federal representative for the 
        purposes of section 402(c)(6)(A).
            (5) Local government representative.--Where appropriate, 
        the Administrator will receive nominations and select one 
        representative from a coastal political subdivision to 
        represent the interests of local and county governments on the 
        Partnership.
            (6) Additional appointments.--
                    (A) Totals.--The Administrator shall determine the 
                total number of additional representatives of Indian 
                tribes, Coastal States, and local governments within an 
                ocean region of a Partnership as is necessary to ensure 
                that the combined number of non-Federal voting 
                representatives equals the number of Federal voting 
                representatives on each Partnership.
                    (B) Soliciting nominations.--The Administrator 
                shall solicit nominations for qualified governmental 
                officers or employees from Indian tribes, States, 
                Commonwealths, territories, and possessions of the 
                United States within an ocean region of a Partnership 
                and select nominees to fill any vacant seats on that 
                Partnership.
                    (C) Selecting nominees.--In selecting among 
                nominees to serve on each Regional Ocean Partnership, 
                the Administrator shall strive to ensure a balanced 
                representation among these governmental entities.
    (d) Advisory Committees.--
            (1) Authority.--Each Partnership may establish and appoint 
        members of advisory committees and working groups as necessary 
        for preparation of a Regional Ocean Strategic Plan under this 
        title.
            (2) Citizens advisory committee.--Each Partnership shall 
        establish and appoint members of a Citizens Advisory Committee 
        comprised of nongovernmental members of the public, including a 
        wide range of citizens interested in multiple uses of United 
        States ocean waters and ocean resources.
            (3) Advice and input.--Each Partnership shall take the 
        advice and input of any Advisory Committee into consideration 
        in the development of a Regional Ocean Strategic Plan.
    (e) Coordination.--
            (1) In general.--Immediately following the appointment of 
        representatives to each Partnership, the representatives shall 
        take steps to identify opportunities and better coordinate and 
        integrate existing programs or activities with the other 
        governmental entities in the ocean region of the Partnership.
            (2) Existing programs.--Each Partnership shall not supplant 
        the functions or authorities of existing regional entities and 
        shall, to the maximum extent possible, build upon current 
        State, multi-state, and regional capacity and governance and 
        institutional mechanisms to manage ocean and coastal resources. 
        This shall include mechanisms to--
                    (A) conduct coastal and ocean monitoring, mapping, 
                assessment, and observations;
                    (B) provide for ecologically sustainable growth;
                    (C) restore and conserve habitat;
                    (D) manage State and Federal fisheries;
                    (E) maintain and improve the quality of coastal and 
                ocean waters; and
                    (F) protect and restore the resources of the 
                Nation's coastal zone.
            (3) Inland regions.--Each Partnership shall collaborate and 
        coordinate as necessary and appropriate with inland States that 
        may significantly impact the health of marine ecosystems in the 
        ocean region.
    (f) Procedures.--
            (1) In general.--Except as provided in paragraph (2), each 
        Partnership shall operate in accordance with procedures 
        established by the Partnership and approved by the 
        Administrator.
            (2) Interim procedures.--Each Partnership shall operate in 
        accordance with interim procedures prescribed by the 
        Administrator until such time as the Administrator approves 
        procedures established by the Partnership under paragraph (1).
            (3) Required procedures.--The Administrator shall prescribe 
        requirements for approval of procedures under paragraph (1), 
        and interim procedures for purposes of paragraph (2), including 
        such requirements and interim procedures that provide for--
                    (A) transparency in decision-making;
                    (B) opportunities for public input and 
                participation; and
                    (C) the use of science, local government, and 
                citizen advisory committees.
    (g) Staff.--
            (1) Hiring authority.--Each Partnership may hire such staff 
        as is necessary to perform the functions of the Partnership.
            (2) Treatment.--Staff hired by a Partnership shall be 
        treated as employees of the Administration.
    (h) Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Regional Ocean Partnerships 
        or to any advisory committees established under this title.
            (2) Compliance.--Notwithstanding paragraph (1), the 
        Partnerships and any advisory committees of the Partnerships 
        shall be appointed and operate in a manner consistent with all 
        provisions of the Federal Advisory Committee Act with respect 
        to--
                    (A) the balance of their membership;
                    (B) provision of public notice regarding their 
                activities;
                    (C) open meetings; and
                    (D) public access to documents created by the 
                Partnerships or advisory committees of the 
                Partnerships.

SEC. 403. REGIONAL OCEAN STRATEGIC PLANS.

    (a) Requirement.--Each Regional Ocean Partnership shall, within 3 
years after establishment of the Partnership, prepare and submit to the 
Administrator and the Committee on Ocean Policy for review and 
consultation and approval by the Administration, pursuant to this 
section, a Regional Ocean Strategic Plan (referred to in this title as 
``Plan'') for the ocean region of the Partnership.
    (b) Contents.--Each Plan prepared by a Partnership shall include 
such information as the following:
            (1) An assessment of the ocean region in order to guide 
        management decisions, including consideration of ecological, 
        economic, educational, social, cultural nutritional, and 
        recreational factors.
            (2) Identification of multiple indicators that measure 
        ecosystem health and the effectiveness of current management 
        efforts, and an analysis of their current status.
            (3) Identification of important ecological areas within the 
        region and recommendations for a long-term monitoring plan of 
        such areas.
            (4) Determination of priority issues within the region and 
        adjoining inland regions and an assessment of the capacity of 
        existing governance mechanisms to address those issues.
            (5) Determination of solutions and specific policies to 
        address the priority problems that take an adaptive, ecosystem-
        based approach.
            (6) Identification of short and long-term ecosystem goals, 
        responsibilities for taking actions to implement solutions to 
        priority problems and to achieve those ecosystem goals, and the 
        necessary resources.
            (7) An analysis of the gaps in authority, coordination, and 
        resources, including funding, that must be filled in order to 
        fully achieve the Plan's goals.
            (8) Identification of model programs whose existing 
        infrastructure aid in implementation of the Plan.
    (c) Meetings.--Each Partnership shall meet--
            (1) at least twice each year--
                    (A) during the development of the Plan; and
                    (B) after completion of such plan to monitor the 
                implementation of the plan's goals and objectives and 
                develop strategies for adaptive management; and
            (2) at other times at the call of the Administrator.
    (d) Amending Plans.--Each approved Plan shall be reviewed and 
revised by the relevant Partnership at least once every four years. Any 
proposed amendments to the plan shall be transmitted to the 
Administrator for review pursuant to this section.
    (e) Action by Administrator.--
            (1) Review of plans.--
                    (A) Commencement of review.--Within 10 days after 
                transmittal of a Plan by a Partnership to the 
                Administrator and the Committee on Ocean Policy, or any 
                amendment to such a Plan, the Administrator in 
                consultation with the Committee on Ocean Policy shall 
                commence a review of the Plan or amendment.
                    (B) Public notice and comment.--Immediately after 
                receipt of such a Plan, the Administrator shall publish 
                in the Federal Register a notice stating that the plan 
                or amendment is available and that public comments may 
                be submitted to the Administrator within 60 days after 
                the date the notice is published.
                    (C) Requirements for approval.--Before approving a 
                Regional Ocean Strategic Plan, or any amendments to 
                such a Plan, submitted by a Regional Ocean Partnership, 
                the Administrator, in consultation with the Committee 
                on Ocean Policy, must find that the Plan--
                            (i) is consistent with the policy and 
                        standards set forth in section 101, and
                            (ii) adequately addresses the required 
                        elements under subsection (a) of this section.
                    (D) Deadline for review.--Within 120 days after 
                transmittal by the Partnership to the Administrator of 
                a Regional Ocean Strategic Plan, or an amendment to 
                such a Plan, the Administrator in consultation with the 
                Committee on Ocean Policy shall approve or disapprove 
                the plan by written notice. If the Administrator 
                disapproves a Plan or amendment, the Administrator in 
                consultation with the Committee on Ocean Policy shall 
                make conforming recommendations to the Partnership. 
                Within 60 days of receiving the recommendations, the 
                Partnership shall submit a revised Plan or amendment(s) 
                to the Administrator and the Committee on Ocean Policy 
                for review under this title.
            (2) Grants.--The Administrator, subject to the availability 
        of funds in the Ocean and Great Lakes Conservation Trust Fund 
        established in section 501, may award grants to members of a 
        Partnership, other than representatives of the Federal 
        Government, to cover appropriate expenses incurred in 
        developing a draft Ocean Strategic plan or to implement an 
        approved plan.
    (f) Implementation.--
            (1) In general.--Indian tribes, States, Commonwealths, 
        territories and possessions of the United States with a 
        representative on a Regional Ocean Partnership, and the Federal 
        Government shall, to the maximum extent practicable, implement 
        an approved Regional Ocean Strategic Plan consistent with 
        existing legal authorities.
            (2) Recommendations for more resources.--If existing legal 
        authority is inadequate or other resources are needed to 
        successfully implement an approved Regional Ocean Strategic 
        Plan in consultation with the Committee on Ocean Policy, the 
        representatives of Indian tribes, States, Commonwealths, 
        territories and possessions of the United States, and of the 
        Federal Government serving on a Regional Ocean Partnership 
        shall make recommendations to the Congress and States regarding 
        necessary changes.

SEC. 404. NATIONAL ACADEMY OF SCIENCES STUDY OF REGIONAL OCEANS 
              GOVERNANCE.

    (a) Study Required.--Not later than 1 year after enactment of this 
Act, the Administrator and the Committee on Ocean Policy shall enter 
into an arrangement with the National Research Council of the National 
Academy of Sciences to carry out a study of existing regional and 
ecosystem-based approaches to coastal and ocean governance.
    (b) Matters Included.--The study required by subsection (a) shall 
evaluate--
            (1) current coastal and oceans approaches to ecosystem-
        based management and their effectiveness at maintaining healthy 
        marine ecosystems;
            (2) approaches to regional governance currently in use in 
        the United States; and
            (3) mechanisms for engaging Federal, State, and local 
        governments, special interest groups, and the general public in 
        the management process.
    (c) Recommendations.--In carrying out the study required by 
subsection (a), the National Research Council may develop 
recommendations it considers appropriate and directly related to the 
subject matter of the study. It is the sense of the Congress that the 
National Research Council should develop recommendations on the best 
methods of creating governance structures, specific to each of the 
Regional Ocean Partnerships created in section 402, that include 
ecosystem-based management strategies and broad participation.
    (d) Reports.--The National Research Council shall submit to the 
Administrator, the Committee on Ocean Policy, and each of the Regional 
Ocean Partnerships created in section 402 by not later than one year 
after entering into the arrangement required by subsection (a), a final 
report on the study that includes all findings, conclusions, and 
recommendations. Upon receipt of the final report, each of the Regional 
Ocean Partnerships shall consider and integrate recommendations of the 
National Research Council to improve regional governance structures.
    (e) Provision of Information.--The Administrator and the Regional 
Ocean Partnerships shall, in a timely manner, make available to the 
National Research Council all information that the National Research 
Council considers necessary to carry out its responsibilities under 
this section.
    (f) Rule of Construction.--This section shall not be construed to 
affect section 402, except to advise on efficient structure and 
operation of the partnerships for the most effective ecosystem-based 
management of resources as practicable.
    (g) Funding.--Of the amounts made available to the National Oceanic 
and Atmospheric Administration pursuant to the authorization of 
appropriations, an appropriate amount shall be available for carrying 
out the study required by this section.

SEC. 405. OCEAN ECOSYSTEM RESOURCE INFORMATION SYSTEMS.

    (a) Findings.--The Congress finds the following:
            (1) Ecosystem-based management will require development of 
        an ocean information systems comprised of a set of information 
        management tools and products capable of integrating and 
        disseminating information essential for informed decision-
        making.
            (2) Information generated by ocean monitoring systems, 
        including the National Environmental Observatory Network, 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.
            (3) Natural resource information systems have been 
        developed and are presently a successful management tool for 
        onshore uses, including some Pacific Coast watersheds, and they 
        should now be applied to the ocean environment to facilitate 
        ecosystem-based management of the United States oceans waters.
    (b) Establishment.--
            (1) Requirement.--The Administrator shall, within 90 days 
        after the date of the enactment of this Act, establish a 
        network of regional ocean ecosystem resource information 
        systems to act as an organized repository of geophysical, 
        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 United States ocean waters and the marine 
        resources therein.
            (2) Included information.--Information maintained 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; and
                    (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 other 
                reliable and relevant information sources.
            (3) Review of included analyses and interpretations.--Each 
        draft analysis and interpretation of data to explain ecosystem 
        relationships that is included in a regional ocean ecosystem 
        resource information system shall be reviewed by qualified 
        experts before being broadly disseminated through the system to 
        the public.
            (4) Contracts and other agreements.--
                    (A) Authority.--The Administrator, subject to the 
                availability of appropriations, may enter into 
                contracts and other agreements with other Federal 
                agencies, State agencies, non-governmental 
                organizations, universities, and private academic 
                institutions for development of portions of each 
                regional ocean ecosystem resource information system.
                    (B) Open-source software and the end-product 
                licenses.--The Administrator shall include in such 
                agreements appropriate provisions requiring use of 
                general public license open-source software and 
                licensing of end-products to the Administration or to 
                any joint authority considered appropriate by the 
                Administrator for efficient regional operations.
            (5) Access to information.--The Administrator shall ensure 
        that information in each regional ocean ecosystem resource 
        information system established under this section shall be 
        readily accessible at no cost, or at nominal cost, to the 
        Congress, all Federal agencies, States, academic and scientific 
        institutions, and the public through the Internet, libraries, 
        and such other mediums as may be appropriate and practical.
    (c) Included Regions and Waters; Schedule.--
            (1) Ocean regions.--The Administrator shall establish by 
        not later than 5 years after the enactment of the Act, a 
        regional ocean ecosystem resource information system for each 
        ocean region.
            (2) Other waters.--The Administrator, in cooperation with 
        the affected States, shall establish by not later than 10 years 
        after the enactment of this Act, a regional ocean ecosystem 
        resource information system for each of the following bodies of 
        water:
                    (A) The United States territorial waters of each of 
                the Great Lakes.
                    (B) Long Island Sound.
                    (C) The Gulf of Maine.
                    (D) Chesapeake Bay.
                    (E) The Mississippi River Delta.
                    (F) San Francisco Bay and Delta.
                    (G) The United States territorial waters of Puget 
                Sound.
            (3) Modification of regions and waters.--The Administrator, 
        with respect to the establishment of regional ocean ecosystem 
        resource information systems, and for purposes of 
        administrative convenience and to ensure the timely completion 
        of such systems, may divide the regions and waters referred to 
        in paragraphs (1) and (2) or include other waters not listed in 
        those paragraphs.
    (d) Coordination.--
            (1) Obtaining information.--In establishing regional ocean 
        ecosystem resource information systems, the Administrator--
                    (A) shall cooperate and coordinate with the United 
                States Geological Survey, the United States Fish and 
                Wildlife Service, the Minerals Management Service, the 
                Environmental Protection Agency, the Coast Guard, and 
                the Navy, and all Administration offices, including the 
                National Marine Sanctuaries program and Regional 
                Fishery Management Councils, in order to obtain from 
                such agencies and offices and use all unclassified 
                information necessary for the development and operation 
                of the systems; and
                    (B) may seek to enter into cooperative agreements 
                with States, local governments, universities, or 
                private academic institutions in order to obtain access 
                to information necessary or useful for the development 
                and operation of the systems.
            (2) Avoidance of duplication.--To avoid duplication, in 
        establishing regional ocean ecosystem resource information 
        systems the Administrator shall coordinate with other ocean 
        data acquisition and distribution systems, including the 
        National Geospatial Data Clearinghouse and the Sanctuary 
        Integrated Monitoring Network program of the Administration.
            (3) Integration of watershed, bay, and estuarine 
        information systems.--The Administrator, in recognition of the 
        effects of land-based and watershed uses on ocean ecosystems, 
        shall facilitate to the extent practical the integration of 
        watershed, bay, and estuarine information systems with the 
        appropriate regional ocean ecosystem resource information 
        system.
            (4) International agreements.--The Administrator may, in 
        consultation with the Secretary of State, enter into agreements 
        with the Governments of Canada, Mexico, and the Russian 
        Federation with respect to establishment of a regional ocean 
        ecosystem resource information system for United States coastal 
        waters that abut the territorial waters of any of those 
        countries, for purposes of inclusion in such a system of any 
        information or data that may be necessary or useful in the 
        development and operation of such system.
    (e) Authorization of Appropriations.--For development and 
implementation of the ocean ecosystem resource information systems for 
ocean regions and other waters under this section, there is authorized 
to be appropriated to the Administrator $12,000,000 for each of the 
fiscal years 2009 through 2018.

SEC. 406. REGULATIONS.

    The Administrator shall issue such regulations as the Administrator 
considers necessary to ensure proper administration of this title.

SEC. 407. OTHER AUTHORITY.

    This title shall not be construed as superseding or diminishing the 
authorities and responsibilities, under any other provision of law, of 
the Administrator or any other Federal, State, or tribal officer, 
employee, department, or agency.

SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator for 
carrying out this title, including development, implementation, and 
monitoring of approved Regional Ocean Strategic Plans, $25,000,000 for 
each of fiscal years 2009 through 2013.

         TITLE V--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND

SEC. 501. ESTABLISHMENT OF FUND.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund which shall be known as the ``Ocean and Great 
Lakes Conservation Trust Fund'', in this title referred to as the 
``Fund''. In each fiscal year after fiscal year 2007, the Secretary of 
the Treasury shall deposit into the Fund the following amounts:
            (1) General revenue.--An amount in each such fiscal year 
        equal to the difference between $1,300,000,000 and the amounts 
        deposited in the Fund under paragraphs (2), (3), and (4).
            (2) Healthy ocean stamp.--Amounts generated from the sale 
        of a Healthy Oceans Stamp under section 507.
            (3) Amounts not disbursed.--All allocated but undisbursed 
        amounts returned to the Fund under section 505(a)(2).
            (4) Interest.--All interest earned under subsection (d).
    (b) Transfer for Expenditure.--The Secretary of the Treasury shall 
transfer amounts deposited into the Fund as follows:
            (1) To the Administrator of the National Oceanic and 
        Atmospheric Administration for purposes of making payments to 
        coastal States only for carrying out their responsibilities for 
        developing and implementing Regional Ocean Strategic Plans 
        under title IV--
                    (A) $350,000,000 for fiscal year 2008;
                    (B) $700,000,000 for fiscal year 2009; and
                    (C) $1,000,000,000 for fiscal year 2010 and each 
                fiscal year thereafter.
            (2) To the Administrator for allocation, with concurrence 
        of the Committee on Ocean Policy, only for carrying out 
        responsibilities of the Federal Government for development and 
        implementation of Regional Ocean Strategic Plans required under 
        title IV--
                    (A) $50,000,000 for fiscal year 2008;
                    (B) $100,000,000 for fiscal year 2009; and
                    (C) $300,000,000 for fiscal year 2010 and each 
                fiscal year thereafter.
    (c) Shortfall.--If amounts referred to in paragraphs (1) through 
(3) of subsection (a) in any fiscal year after fiscal year 2007 are 
less than $1,300,000,000, the amounts transferred under paragraphs (1) 
and (2) of subsection (b) for that fiscal year shall each be reduced 
proportionately.
    (d) Interest.--The Secretary of the Treasury shall invest monies in 
the Fund (including interest), and in any fund or account to which 
monies are transferred pursuant to subsection (b) of this section, in 
public debt securities with maturities suitable to the needs of the 
Fund, as determined by the Secretary of the Treasury, and bearing 
interest at rates determined by the Secretary of the Treasury, taking 
into consideration current market yields on outstanding marketable 
obligations of the United States of comparable maturity. Such invested 
monies shall remain invested until needed to meet requirements for 
disbursement for the programs financed under this Act.
    (e) Intent of Congress to Supplement Annual Appropriations for 
Federal Agencies.--Amounts made available by this Act are intended by 
the Congress to supplement, and not detract from, annual appropriations 
for Federal agencies receiving funding under this title.

SEC. 502. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR ADMINISTRATION.

    Notwithstanding any other provision of law, of amounts made 
available by this title (including the amendments made by this title) 
for a particular activity, not more than 2 percent may be used for 
administrative expenses of that activity.

SEC. 503. RECORDKEEPING REQUIREMENTS.

    The Administrator, in consultation with the Committee on Ocean 
Policy, shall establish such rules regarding recordkeeping by State and 
local governments and the auditing of expenditures made by State and 
local governments from funds made available under this Act as may be 
necessary. Such rules shall be in addition to other requirements 
established regarding recordkeeping and the auditing of such 
expenditures under other authority of law.

SEC. 504. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

    (a) In General.--It is the intent of the Congress in this Act that 
States not use this Act as an opportunity to reduce State or local 
resources for the programs funded by this Act. Except as provided in 
subsection (b), no State or local government shall receive any funds 
under this Act during any fiscal year in which its expenditures of non-
Federal funds for recurrent expenditures for programs for which funding 
is provided under this Act will be less than its expenditures were for 
such programs during the preceding fiscal year. No State or local 
government shall receive funding under this Act with respect to a 
program unless the Administrator is satisfied that such a grant will be 
so used to supplement and, to the extent practicable, increase the 
level of State, local, or other non-Federal funds available for such 
program.
    (b) Exception.--The Administrator may provide funding under this 
Act to a State or local government not meeting the requirements of 
subsection (a) if the Administrator determines that a reduction in 
expenditures--
            (1) is attributable to a nonselective reduction in 
        expenditures for the programs of all executive branch agencies 
        of the State or local government; or
            (2) is a result of reductions in State or local revenue as 
        a result of a downturn in the economy.
    (c) Use of Fund to Meet Matching Requirements.--All funds received 
by a State or local government under this Act shall be treated as 
Federal funds for purposes of compliance with any provision in effect 
under any other law requiring that non-Federal funds be used to provide 
a portion of the funding for any program or project.

SEC. 505. COMMUNITY ASSISTANCE FORMULA AND PAYMENTS.

    (a) Conservation Payments to Coastal States.--
            (1) Grant program.--Amounts transferred to the 
        Administrator from the Fund under section 501(b)(1) for 
        purposes of making payments to coastal States under this title 
        in any fiscal year shall be allocated by the Administrator 
        among coastal States as provided in this section each such 
        fiscal year. In each such fiscal year, the Administrator shall, 
        without further appropriation, disburse such allocated funds to 
        those coastal States for which the Administrator has approved a 
        spending plan under section 506 and that have met all other 
        requirements of this title. Payments for all projects shall be 
        made by the Administrator to the Governor of the State or to 
        the State official or agency designated by the Governor or by 
        State law as having authority and responsibility to accept and 
        to administer funds paid hereunder. No payment shall be made to 
        any State until the State has agreed to provide such reports to 
        the Administrator, in such form and containing such 
        information, as may be reasonably necessary to enable the 
        Administrator to perform the duties of the Administrator under 
        this title, and provide such fiscal control and fund accounting 
        procedures as may be necessary to assure proper disbursement 
        and accounting for Federal revenues paid to the State under 
        this title.
            (2) Failure to make sufficient progress at developing or 
        implementing a regional ocean strategic plan.--At the end of 
        each fiscal year, the Administrator shall return to the Fund 
        any amount that the Administrator allocated, but did not 
        disburse, in that fiscal year to a coastal State that, in the 
        judgment of the Administrator, has failed to make sufficient 
        progress in developing or implementing a Regional Ocean 
        Strategic Plan under title IV before the end of the fiscal year 
        in which such grant is allocated, except that the Administrator 
        shall hold in escrow until the final resolution of the appeal 
        any amount allocated, but not disbursed, to a coastal State 
        that has appealed the disapproval of such funding.
    (b) Allocation Among Coastal States.--
            (1) Allocable share for each state.--For each coastal 
        State, the Administrator shall determine the State's allocable 
        share of the total amount transferred from the Fund under 
        section 501(b)(1) for each fiscal year using the following 
        weighted formula:
                    (A) Thirty-five percent of such amount shall be 
                allocated to each coastal State based on the ratio of 
                each State's shoreline miles to the shoreline miles of 
                all coastal States.
                    (B) Sixty-five percent of such amount shall be 
                allocated to each coastal State based on the ratio of 
                each State's coastal population to the coastal 
                population of all coastal States.
            (2) Minimum state share.--
                    (A) In general.--The allocable share determined by 
                the Administrator under this subsection for each 
                coastal State with a management program approved by the 
                Secretary of Commerce under the Coastal Zone Management 
                Act of 1972 (16 U.S.C. 1451 et seq.), or that is making 
                satisfactory progress toward one, shall not be less in 
                any fiscal year than 0.50 percent of the total amount 
                transferred by the Secretary of the Treasury to the 
                Administrator for that fiscal year under section 
                501(b)(1). For any other coastal State the allocable 
                share shall not be less than 0.25 percent of such 
                transferred amount.
                    (B) Recomputation.--If 1 or more coastal States' 
                allocable shares, as computed under paragraphs (1) and 
                (2), are increased by any amount under this paragraph, 
                the allocable share for all other coastal States shall 
                be recomputed and reduced by the same amount so that 
                not more than 100 percent of the amount transferred by 
                the Secretary of the Treasury to the Administrator for 
                that fiscal year under section 501(b)(1) is allocated 
                to all coastal States. The reduction shall be divided 
                pro rata among such other coastal States.
    (c) Payments to Political Subdivisions.--In the case of a coastal 
State, the Governor of the State shall hold 50 percent of the State's 
allocable share, as determined under subsection (b), in a State ocean 
grants fund. The Governor or his designee shall award, on a competitive 
basis, grants to coastal political subdivisions of the State from the 
State ocean grants fund only for activities relating to the development 
and implementation of federally approved Regional Ocean Strategic Plans 
that are consistent with the standard set forth in subsection 506(b).
    (d) Time of Payment.--Payments to coastal States and coastal 
political subdivisions under this section shall be made not later than 
December 31 of each year from revenues received during the immediately 
preceding fiscal year.

SEC. 506. APPROVAL OF STATE FUNDING AND SPENDING PLANS.

    (a) Development and Submission of Regional Ocean Strategic Plans.--
Each coastal State seeking to receive grants under this title shall 
participate in the development and implementation of Regional Ocean 
Strategic Plans under title IV.
    (b) Standard Governing the Expenditure of Funds.--All Funds 
disbursed to coastal States and political subdivisions shall only be 
used for activities that--
            (1) develop or implement federally approved Regional Ocean 
        Strategic Plans, and
            (2) are consistent with the national standards set forth in 
        section 101(b).
    (c) Submission of Spending Plan.--Each coastal State seeking 
funding under this title shall submit annually to the Administrator a 
spending plan for funds provided under this title. In addition to such 
other requirements as the Administrator by regulation shall prescribe, 
each State spending plan shall include--
            (1) The name of the State agency that will have the 
        authority to represent and act for the State in dealing with 
        the Administrator for purposes of this title.
            (2) A description of how funds provided under this title 
        will be used to meet the State's responsibilities to develop 
        and implement the applicable Regional Ocean Strategic Plan.
            (3) A description of how the funds provided under this 
        title will be used by coastal political subdivisions to develop 
        and implement the applicable Regional Ocean Strategic Plan.
            (4) An analysis of how the funds provided under this title 
        to both coastal States and coastal political subdivisions will 
        be consistent with the standard set forth in subsection 506(b).
            (5) Certification by the Governor of the coastal State that 
        all the funds provided under this title to coastal political 
        subdivisions will be used to develop and implement a Regional 
        Ocean Strategic Plan in a manner that is consistent with the 
        standard set forth in subsection 506(b).
    (d) Approval or Disapproval.--
            (1) Requirements.--A coastal State shall receive funding 
        under this title if, in consultation with the Committee on 
        Ocean Policy, the Administrator--
                    (A) certifies that such coastal State is 
                participating actively and sufficiently in the 
                development and implementation of a Regional Ocean 
                Strategic Plan under title IV;
                    (B) approves a spending plan submitted by such 
                State that specifies how funds provided under this 
                title will be used to meet the State's obligations and 
                responsibilities in developing and implementing a 
                Regional Ocean Strategic Plan under title IV; and
                    (C) ensures any payments under this title to 
                coastal States and political subdivisions are used to 
                develop and implement an approved Regional Ocean 
                Strategic Plan in a manner that is consistent with the 
                standard set forth in subsection 506(b).
            (2) Procedure and timing; revisions.--The Administrator 
        shall approve or disapprove each spending plan submitted in 
        accordance with this section. If a State first submits a plan 
        by not later than 90 days before the beginning of the first 
        fiscal year to which the plan applies, the Administrator shall 
        approve or disapprove the plan by not later than 30 days before 
        the beginning of that fiscal year.
            (3) Amendment or revision.--Any amendment to or revision of 
        the plan shall be prepared in accordance with the requirements 
        of this subsection and shall be submitted to the Administrator 
        for approval or disapproval. Any such amendment or revision 
        shall take effect only for fiscal years after the fiscal year 
        in which the amendment or revision is approved by the 
        Administrator.
            (4) Public comment.--Before approving or disapproving a 
        spending plan of a State, amendment, or revision to a plan, the 
        Administrator shall provide for public comment on the State's 
        proposed expenditures for the forthcoming year.

SEC. 507. SPECIAL POSTAGE STAMP.

    (a) In General.--In order to afford a convenient way for members of 
the public to support efforts to protect, maintain, and restore marine 
ecosystems, the United States Postal Service shall provide for a 
special postage stamp in accordance with this section.
    (b) Terms and Conditions.--The issuance and sale of the stamp 
referred to in subsection (a) shall be governed by section 416 of title 
39, United States Code, and regulations under such section, subject to 
the following:
            (1) Transfers.--All amounts becoming available from the 
        sale of such stamp shall be transferred to the Ocean and Great 
        Lakes Conservation Trust Fund (as established by section 501) 
        through payments which shall be made, at least twice a year, in 
        the manner required by subsection (d)(1) of section 416 of such 
        title 39.
            (2) Numerical limitation.--For purposes of applying any 
        numerical limitation referred to in subsection (e)(1)(C) of 
        section 416 of such title 39, such stamp shall not be taken 
        into account.
            (3) Duration.--Such stamp shall be made available to the 
        public over such period of time as the Postal Service may 
        determine, except that such period--
                    (A) shall commence not later than 12 months after 
                the date of the enactment of this Act; and
                    (B) shall terminate not later than the close of the 
                period referred to in section 416(g) of title 39, 
                United States Code.
    (c) Rule of Construction.--Nothing in this section shall be 
considered to permit or require that any determination of the amounts 
becoming available from the sale of the stamp referred to in subsection 
(a) be made in a manner inconsistent with the requirements of section 
416(d) of title 39, United States Code.

                    TITLE VI--ADMINISTRATION FUNDING

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator such 
sums as necessary for the functions and activities carried out by the 
Administration in accordance with this Act. Sums appropriated under 
this section shall remain available until expended.
                                 <all>