[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 21 Introduced in House (IH)]







111th 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 6, 2009

   Mr. Farr 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.

    This Act may be cited as the ``Ocean Conservation, Education, and 
National Strategy for the 21st Century Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purpose.
Sec. 4. Definitions.
                   TITLE I--NATIONAL OCEAN GOVERNANCE

Sec. 101. National Ocean Policy and principles.
Sec. 102. National Ocean Advisor.
Sec. 103. Committee on Ocean Policy.
Sec. 104. Coordination plan.
Sec. 105. Council of Advisors on Ocean Policy.
 TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT

Sec. 201. National Oceanic and Atmospheric Administration.
Sec. 202. Functions.
Sec. 203. Administration leadership.
Sec. 204. National Weather Service.
Sec. 205. Science Advisory Board.
Sec. 206. Restructuring plan.
Sec. 207. Reprogramming requests.
Sec. 208. Savings provisions.
Sec. 209. Report.
Sec. 210. Function defined.
             TITLE III--REGIONAL COORDINATION AND PLANNING

Sec. 301. Regional ocean coordination.
Sec. 302. Regional Ocean Partnerships.
Sec. 303. Regional Ocean Strategic Plans.
Sec. 304. Regulations.
Sec. 305. Other authority.
 TITLE IV--AUTHORIZATION OF APPROPRIATIONS AND ESTABLISHMENT OF TRUST 
                                  FUND

Sec. 401. Establishment of fund.
Sec. 402. Payments to States.
Sec. 403. Eligibility for funding.
Sec. 404. Funding procedures.
Sec. 405. Equitable allocation.
Sec. 406. Authorization of appropriations.
Sec. 407. Healthy Ocean Stamp.
Sec. 408. Limitation on use of available amounts for administration.
Sec. 409. Recordkeeping requirements.
Sec. 410. Maintenance of effort and matching funding.

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 and implementing a National Ocean Policy;
            (2) promoting ecologically sustainable ocean resource use 
        and management by strengthening and empowering ocean governance 
        on regional and Federal levels;
            (3) promoting ecosystem-based approaches to management of 
        United States ocean waters, coastal waters, and ocean 
        resources; and
            (4) establishing an ocean and Great Lakes conservation 
        trust fund to support the purposes and policies of this Act.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration''means the 
        National Oceanic and Atmospheric Administration provided for in 
        section 201.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (3) Advisor.--The term ``Advisor''means the National Ocean 
        Advisor appointed under section 102.
            (4) 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)).
            (5) 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.).
            (6) Coastal state.--The term ``coastal State''--
                    (A) subject to subparagraph (B), 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 
                American Samoa.
            (7) 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.
            (8) Ecosystem-based management.--The term ``ecosystem-based 
        management'' means an integrated approach to management that--
                    (A) considers the entire ecosystem, including 
                humans, and accounts for interactions among the 
                ecosystem, the range of activities affecting the 
                ecosystem, and the management of such activities;
                    (B) aims to maintain ecosystems in a healthy, 
                productive, sustainable, and resilient condition so 
                that they can provide the services humans want and 
                need;
                    (C) emphasizes the protection of ecosystem 
                structure, function, patterns, and important processes;
                    (D) considers the impacts, including cumulative 
                impacts, of the range of activities affecting an 
                ecosystem that fall within geographical boundaries of 
                the ecosystem;
                    (E) explicitly accounts for the interconnectedness 
                within an ecosystem, such as food webs, and 
                acknowledges the interconnectedness among systems, such 
                as between air, land, and sea; and
                    (F) integrates ecological, social, economic, and 
                institutional perspectives, recognizing their strong 
                interdependences.
            (9) Federal agency.--The term ``Federal agency'' means any 
        department, agency, or instrumentality of the United States.
            (10) Important ecological area.--The term ``important 
        ecological area'' means an area that contributes significantly 
        to local or larger marine ecosystem health or is an especially 
        unique or sensitive marine ecosystem.
            (11) Marine ecosystem health.--The term ``marine ecosystem 
        health''means the ability of an ecosystem in ocean waters or 
        coastal waters to support and maintain patterns, important 
        processes, and productive, sustainable, and resilient 
        communities of organisms, having a species composition, 
        diversity, and functional organization resulting from the 
        natural habitat of the region, such that it is capable of 
        supporting a variety of activities and 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, patterns, and processes; and
                    (B) a physical, chemical, geological, and microbial 
                environment that is supportive of the requirements of 
                this paragraph.
            (12) National ocean policy.--The term ``National Ocean 
        Policy''means the policy set forth in section 101(a).
            (13) Ocean region.--The term ``ocean region'' means such a 
        region designated under section 301(c).
            (14) Ocean resources.--The term ``ocean resources''means 
        any living, nonliving, or cultural amenities in ocean waters or 
        coastal waters.
            (15) Ocean waters.--The term ``ocean waters''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.

                   TITLE I--NATIONAL OCEAN GOVERNANCE

SEC. 101. NATIONAL OCEAN POLICY AND PRINCIPLES.

    (a) National Ocean Policy.--
            (1) In general.--It is the policy of the United States to 
        protect, maintain, and restore marine ecosystem health in order 
        to fulfill the ecological, economic, educational, social, 
        cultural, nutritional, recreational, and other requirements of 
        current and future generations of Americans.
            (2) Principles.--The National Ocean Policy shall be 
        implemented in accordance with the following principles:
                    (A) Policies, programs, and activities should 
                minimize negative environmental impacts to ocean 
                waters, coastal waters, and ocean resources and be 
                conducted so that by themselves or cumulatively they do 
                not undermine efforts to protect, maintain, and restore 
                marine ecosystem health.
                    (B) Ocean waters, coastal waters, and ocean 
                resources should be managed to meet the needs of the 
                present generation without compromising the ability of 
                future generations to meet their needs.
                    (C) Ocean waters, coastal waters, and ocean 
                resources should be managed using ecosystem-based 
                management.
                    (D) The lack of scientific certainty should not be 
                used as justification for postponing action to prevent 
                negative environmental impacts. In cases in which 
                significant threats to marine ecosystem health exist, 
                the best of the available science should be used to 
                manage ocean waters, coastal waters, and ocean 
                resources in a manner that gives the greatest weight to 
                the protection, maintenance, and restoration of marine 
                ecosystem health.
                    (E) Policies, programs, and activities recognize 
                the interconnectedness of the land, atmosphere 
                including climate, and oceans including ocean waters, 
                coastal waters, and ocean resources, and should 
                recognize that actions affecting one of these, such as 
                the climate, are likely to affect another, such as 
                ocean resources.
                    (F) Potential uses of ocean waters, coastal waters, 
                and ocean resources should be managed in a way that 
                balances competing uses and does not undermine efforts 
                to protect, maintain, and restore marine ecosystem 
                health.
    (b) Implementation.--
            (1) Requirement.--To the fullest extent possible and to the 
        extent not inconsistent with other laws, each Federal agency 
        shall interpret and administer policies, regulations and laws 
        in accordance with the National Ocean Policy.
            (2) Guidance.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the National Ocean 
                Advisor shall develop and issue guidance, consistent 
                with the National Ocean Policy, for the development of 
                Federal agency regulations to implement the National 
                Ocean Policy.
                    (B) Public participation.--The National Ocean 
                Advisor shall provide adequate opportunity for public 
                comment and review during the development of the 
                guidance under subparagraph (A).
    (c) Agency Actions.--
            (1) Regulations.--
                    (A) In general.--Within 2 years after the issuance 
                of the guidance under subsection (b)(2), each Federal 
                agency shall issue new or revised regulations as 
                necessary to ensure consistency with the National Ocean 
                Policy for actions undertaken, authorized, or funded by 
                the agency that may significantly affect ocean waters, 
                coastal waters, or ocean resources.
                    (B) Public comment.--The head of each Federal 
                agency shall--
                            (i) publish proposed regulations under this 
                        subsection in the Federal Register; and
                            (ii) provide a period for public comment of 
                        not less than 60 days before final regulations 
                        are published under this subsection.
            (2) Review.--Within 1 year after the issuance of the 
        guidance under subsection (b)(2), each Federal agency, shall--
                    (A) conduct a review of the existing policies, 
                regulations, and laws that apply to the agency and 
                identify any inconsistencies that preclude the agency 
                from fully implementing the National Ocean Policy; and
                    (B) submit to the Committee on Ocean Policy, the 
                Committee on Natural Resources of the House of 
                Representatives, and the Committee on Commerce, 
                Science, and Transportation of the Senate a report on 
                such review that includes proposals as may be necessary 
                to eliminate such inconsistencies.

SEC. 102. NATIONAL OCEAN ADVISOR.

    (a) Establishment.--
            (1) In general.--There is established in the Executive 
        Office of the President a National Ocean Advisor, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate, and shall not be an employee of any Federal 
        agency represented on the Committee on Ocean Policy.
            (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.
            (3) Qualifications.--The individual appointed as the 
        Advisor must be a person who, as a result of his or her 
        training, experience, and attainments, is well qualified--
                    (A) to analyze and interpret marine ecosystem 
                trends and all relevant information related to such 
                trends;
                    (B) to appraise programs and activities of the 
                Federal Government in light of the National Ocean 
                Policy; and
                    (C) to formulate and recommend actions and 
                decisions to promote marine ecosystem health.
    (b) Functions.--The Advisor shall--
            (1) advise the President on implementation of this Act, 
        activities of the Committee on Ocean Policy, and other matters 
        relating to ocean waters, coastal waters, ocean resources, and 
        maintaining marine ecosystem health;
            (2) serve as the chair of the Committee on Ocean Policy 
        established by section 103;
            (3) lead efforts to coordinate Federal agency actions to 
        implement the National Ocean Policy;
            (4) establish a process, in consultation with the Committee 
        on Ocean Policy, for resolving interagency disputes and advise 
        Federal agencies as requested regarding the implementation of 
        the National Ocean Policy; and
            (5) develop, issue, and revise as needed, the guidance 
        required under section 101(b)(2).
    (c) Staffing.--
            (1) Staff.--The Advisor may employ such staff as may be 
        necessary to carry out his or her functions under this Act.
            (2) Uncompensated services.--The Advisor may accept, 
        utilize, and terminate voluntary and uncompensated services in 
        furtherance of his or her functions.

SEC. 103. COMMITTEE ON OCEAN POLICY.

    (a) Establishment.--There is established in the Executive Office of 
the President a Committee on Ocean Policy, 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 unless 
otherwise stated by this Act.
    (b) Functions.--The Committee shall--
            (1) within 2 years after the date of enactment of this Act, 
        review and appraise the various laws, programs, and activities 
        of the Federal Government for consistency with the National 
        Ocean Policy, determine whether existing Federal agencies' 
        authorities are adequate to implement the National Ocean 
        Policy, and prepare recommendations regarding any resources or 
        new authorities that are needed for that implementation;
            (2) review and prepare recommendations regarding agency 
        ocean budgets and their sufficiency to achieve the National 
        Ocean Policy;
            (3) obtain and provide information to facilitate and 
        advance the efforts of Regional Ocean Partnerships in 
        accordance with title III; and
            (4) facilitate coordination and integration of Federal 
        activities in ocean waters and coastal waters and develop, and 
        update as needed, a coordination plan in accordance with 
        section 104.
    (c) Chair.--The National Ocean Advisor shall be the Chair of the 
Committee, and shall, in that 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 Energy.
                    (I) The Administrator of the Environmental 
                Protection Agency.
                    (J) The Director of the Office of Management and 
                Budget.
                    (K) The Director of the National Science 
                Foundation.
                    (L) Six State Governors appointed by the National 
                Governors Association, who shall represent State and 
                local interests.
                    (M) The Administrator of the National Aeronautics 
                and Space Administration.
                    (N) The Chair of the Council on Environmental 
                Quality.
            (2) Delegation.--A member of the Committee may delegate the 
        authority to perform the Committee or subcommittee functions of 
        the member, to any individual who is employed by 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) Requirement.--The members appointed under 
                paragraph (1)(L) shall be chosen to provide broad 
                geographical representation. Of those members, at least 
                4 shall be Governors of coastal States.
                    (B) Limitation on appointment.--A Governor of a 
                State may not be appointed under paragraph (1)(L) to 
                serve on the Committee in the 4-year period following 
                the prior service on the Committee by a Governor of 
                that State.
                    (C) Term; reappointment.--A member appointed under 
                paragraph (1)(L)--
                            (i) shall be appointed for a term of 4 
                        years; and
                            (ii) shall be eligible for reappointment 
                        consistent with subparagraph (B).
                    (D) Replacement.--Any member who cannot serve the 
                full length of the member's term may be replaced by 
                another individual who can serve the remainder of that 
                term.
    (e) Subcommittees.--The Chair of the Committee, in consultation 
with the Administrator, may 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 Ocean Advisor shall ensure appropriate 
coordination of the activities of the Committee and other policy 
coordination structures relating to ocean or maritime issues.
    (g) Staff.--
            (1) In general.--The Chair may employ such employees as may 
        be necessary to carry out the functions of the Committee under 
        this Act.
            (2) Voluntary and uncompensated services.--The Chair may 
        accept, utilize, and terminate voluntary and uncompensated 
        services in furtherance of the functions of the Committee.
    (h) Information.--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 shall 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.
    (i) Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Committee on Ocean Policy, 
        or any of its subcommittees formed in accordance with 
        subsection (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 membership;
                    (B) provision of public notice regarding its 
                activities;
                    (C) open meetings; and
                    (D) public access to documents created by the 
                Committee.

SEC. 104. COORDINATION PLAN.

    (a) Coordination Plan.--The Committee on Ocean Policy shall submit 
to the Congress by not later than 2 years after the date of the 
enactment of this Act, a plan for coordinating Federal activities in 
ocean waters and coastal waters that--
            (1) is consistent with the National Ocean Policy;
            (2) designates a lead Federal agency for each existing 
        activity and new activity in Federal waters and identifies a 
        process for coordination of such activities among agencies;
            (3) identifies the process by which Federal agencies will 
        coordinate with and participate in the Regional Ocean 
        Partnerships established under title III and establishes 
        Federal regional ocean partnership teams to participate in that 
        process;
            (4) considers possible consolidation of oceanic or 
        atmospheric programs, functions, services, or resources within 
        or among Federal agencies, if their consolidation would not 
        undermine the National Ocean Policy;
            (5) includes recommendations prepared under section 
        103(b)(1) for any resources or new authorities that Federal 
        agencies may need to implement the National Ocean Policy;
            (6) includes recommendations prepared under section 
        103(b)(2) regarding agency ocean budgets and their sufficiency 
        to achieve the National Ocean Policy; and
            (7) includes a report on the condition of ocean waters, 
        coastal waters, and ocean resources and the progress toward 
        meeting the goals of the National Ocean Policy.
    (b) Review and Update.--The Committee on Ocean Policy shall review 
and update the coordination plan as needed, but at least every 6 years.

SEC. 105. COUNCIL OF ADVISORS ON OCEAN POLICY.

    (a) Establishment.--There is established the Council of Advisors on 
Ocean Policy, which shall advise the President on policies to protect, 
maintain, and restore marine ecosystem health on a regional and 
national basis.
    (b) Chair.--The President shall designate a non-Federal member of 
the Council to serve as Chair of the Council. The term of the Chair 
shall be 4 years. The Chair shall be responsible for--
            (1) convening meetings at least two times a year; and
            (2) directing the work of the Council.
    (c) Membership.--The Council shall have at least 20 members 
appointed by the President, in consultation with the National Ocean 
Advisor (who shall serve as an ex officio member of the Council). Such 
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 from--
                    (A) local governments;
                    (B) Indian tribes;
                    (C) the marine science research community;
                    (D) the marine science education community;
                    (E) the commercial fishing sector;
                    (F) the commercial seafood sector;
                    (G) the recreational fishing sector;
                    (H) the energy development, the shipping and 
                transportation, and the marine tourism industries;
                    (I) agriculture, which may include timber;
                    (J) watershed organizations (other than 
                organizations represented under subparagraph (J)), 
                which may include resource conservation districts; and
                    (K) nongovernmental organizations (other than 
                organizations represented under subparagraph (I)), 
                including groups interested in marine conservation.
    (d) Terms of Membership.--
            (1) In general.--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.
    (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 
        U.S.C. App.) shall not apply to the Council.
            (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 II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT

SEC. 201. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) In General.--The National Oceanic and Atmospheric 
Administration, as in effect immediately before the enactment of this 
Act, shall be an administration in the Department of Commerce. Except 
as otherwise provided in this Act (including the amendments and repeals 
made by this Act)--
            (1) the Administration shall have the administrative 
        structure, officers, functions, and authorities it had 
        immediately before the enactment of this Act, including under 
        Reorganization Plan No. 4 of 1970 (5 U.S.C. App.); and
            (2) the Administrator shall have the authority, subject to 
        the availability of appropriations--
                    (A) to create, support, and maintain joint centers, 
                and to enter into and perform contracts, leases, 
                grants, or cooperative agreements on terms the 
                Administrator considers appropriate;
                    (B) to disseminate information and conduct 
                education and outreach in direct support of the 
                purposes of this Act; and
                    (C) to accept interagency financing of boards or 
                similar groups to carry out interagency activities for 
                which the Administration serves as a lead agency.
    (b) Mission.--The Administration shall be the civilian agency of 
the Federal Government principally responsible for--
            (1) providing to the Nation oceanic, weather, atmospheric, 
        and climate services and research;
            (2) monitoring changes in the earth's environment; and
            (3) conducting and supporting research, conservation, 
        management, education and outreach regarding ocean and coastal 
        resources, weather, and climate.

SEC. 202. FUNCTIONS.

    (a) In General.--The Administrator shall perform the following 
functions to carry out the mission set forth in section 201(b) in a 
coordinated, integrated, and ecosystem-based manner for the benefit of 
the Nation:
            (1) Management, conservation, protection, and restoration 
        of ocean and coastal resources, including living marine 
        resources, habitats, maritime heritage resources, and ocean 
        ecosystems.
            (2) Observation, monitoring, assessment, forecasting, 
        prediction, operations, and exploration for ocean, coastal, and 
        atmospheric environments including weather, space weather, 
        climate, navigation, and marine resources.
            (3) Research, education and outreach, development of 
        hydrographic products and services, technical assistance, 
        technology development, and innovation activities relating to 
        ocean and atmospheric environments including basic and applied 
        scientific research and activities that support other agency 
        functions and missions.
    (b) State and Federal Coordination.--The Administrator shall ensure 
that Administration programs and activities collaborate with State and 
Federal programs to encourage cooperation, coordination, and 
integration of State and Federal coastal, oceanic, and atmospheric 
programs, including the planning and implementation of regional and 
ecosystem-based activities.
    (c) International Coordination.--
            (1) Cooperation by administrator.--The Administrator shall 
        cooperate to the fullest extent practicable with the Secretary 
        of State in providing representation at all meetings and 
        conferences relating to actions or activities described in this 
        Act in which representatives of the United States and foreign 
        countries participate.
            (2) Consultation with administrator.--The Secretary of 
        State and any other officer of the United States with 
        responsibility for agreements, treaties, or understandings with 
        foreign nations and international organizations shall consult 
        with the Administrator whenever the subject matter or activity 
        involved relates to a function of the Administrator.
            (3) Authority of secretary of commerce not affected.--This 
        subsection does not affect the authority of the Secretary of 
        Commerce with respect to international fishing agreements.
    (d) Partnerships.--The Administrator may promote, support, and 
enter into agreements with academia, industry, conservation groups, 
educators, and other interested persons to improve the effectiveness of 
Administration programs and activities and enhance public awareness and 
understanding of Administration science, service, and stewardship 
missions.

SEC. 203. ADMINISTRATION LEADERSHIP.

    (a) Under Secretary of Commerce for Oceans and Atmosphere and 
Administrator.--
            (1) In general.--There shall be, as the Administrator and 
        head 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.
            (2) Functions.--The Administrator, as head of the 
        Administration, shall be responsible for--
                    (A) the functions under section 202(a);
                    (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;
                    (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.
    (b) Assistant Secretary of Commerce 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.
    (c) Deputy Under Secretary of Commerce 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 the 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 shall be in the Administration three 
        Deputy Assistant Secretaries.
            (2) Functions.--The Secretary shall--
                    (A) designate the functions of each Deputy 
                Assistant Secretary; and
                    (B) assign to each Deputy Assistant Secretary one 
                of the functions under paragraphs (1), (2), and (3) of 
                section 202(a).
            (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) 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.
    (f) Additional Positions.--The Administrator may appoint 
individuals to such additional positions in the Administration as may 
be appropriate to reflect any restructuring of the Administration.
    (g) Conforming Amendments to Reorganization Plan.--
            (1) Reorganization plan no. 4 of 1970.--Reorganization Plan 
        No. 4 of 1970 (5 U.S.C. App.) is amended--
                    (A) in section 1, by adding at the end the 
                following:
    ``(g) The functions vested in the Secretary of the Interior and the 
Secretaries by the Act of June 8 1906, (16 U.S.C. 433 et seq.), 
popularly known as the Antiques Act of 1906, relating to national 
monuments comprised of ocean or coastal resources.''; and
                    (B) in section 2, by striking subsection (e).
            (2) Title 5, u.s.c.--Section 5316 of title 5, United States 
        Code, is amended by striking ``Assistant Administrator for 
        Coastal Zone Management,'' and all that follows through 
        ``Assistant Administrators (3), National Oceanic and 
        Atmospheric Administration.''.

SEC. 204. NATIONAL WEATHER SERVICE.

    (a) In General.--There shall be in 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 seek to 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 202(a), 
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, water, and climate data;
            (3) operating national centers to deliver guidance, 
        forecasts, warnings, and analysis about weather, water, 
        climate, tsunami, and space weather phenomena for use by the 
        Administration and the public;
            (4) providing information to Federal, State, and local 
        agencies and other organizations responsible for emergency 
        preparedness and response;
            (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. 205. SCIENCE ADVISORY BOARD.

    There shall be within the Administration a Science Advisory Board, 
in accordance with the document entitled ``U.S. Department of Commerce 
Charter of the NOAA Science Advisory Board'', dated August 9, 2005.

SEC. 206. RESTRUCTURING PLAN.

    (a) In General.--The Administrator shall develop a plan and budget 
setting forth a proposal for restructuring the Administration and its 
programs, as they existed immediately before enactment of this title, 
that implement this title, are consistent with section 101, and 
consider the recommendations of the U.S. Commission on Ocean Policy so 
as to provide improved services to the Nation.
    (b) Content.--The plan shall--
            (1) describe leadership positions and roles, and program 
        offices and duties;
            (2) consider--
                    (A) regional approaches to management and 
                ecosystem-based management;
                    (B) coordination with outside entities, both 
                nationally and internationally; and
                    (C) needs to expand or downsize employees or 
                facilities (or both);
            (3) be consistent with section 202 and the other provisions 
        of this Act, and maximize the efficiency with which the 
        Administration carries out and assures the effectiveness of the 
        functions of the Administrator described in section 202(a);
            (4) improve the sharing of research and other information 
        and the compilation of available data, that is of use across 
        programmatic themes; and
            (5) to the maximum extent practicable, eliminate 
        duplication of effort or overlapping efforts among offices.
    (c) Consultation.--The Administrator shall develop the plan in 
consultation with interested persons, including representatives of the 
States, academia, industry, conservation organizations, and labor 
organizations certified as the exclusive representatives of 
Administration employees pursuant to chapter 71 of title 5, United 
States Code.
    (d) Schedule.--
            (1) In general.--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) Public comment.--The Federal Register notice shall 
        solicit comments for a period of 60 days.
            (3) Final plan.--Not later than 120 days after the 
        expiration date of the comment period described in paragraph 
        (2), the Administrator shall complete a final plan that takes 
        into account the comments received.
            (4) Transmittal.--Upon completing the final plan, the 
        Administrator shall--
                    (A) transmit the final plan, and an explanation of 
                how the Administrator addressed each issue raised by 
                the public comments received, to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committees on Science and on Natural Resources of 
                the House of Representatives for review; and
                    (B) publish the final plan and explanation in the 
                Federal Register.
    (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).
            (2) Government accountability office review.--Not later 
        than 3 years after the Administration implements the 
        reorganization plan, and every 6 years thereafter, the 
        Comptroller General of the United States shall conduct an 
        independent review of the effectiveness and efficiency of the 
        Administration in fulfilling its mission, as set forth in 
        section 201(b), and carrying out the functions set forth in 
        section 202. Upon completing the review, the Comptroller 
        General shall transmit a report to Congress with his or her 
        findings.

SEC. 207. REPROGRAMMING REQUESTS.

    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 Natural 
Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.

SEC. 208. SAVINGS PROVISIONS.

    Except as otherwise provided in this Act, all rules and 
regulations, determinations, standards, contracts, certifications, 
authorizations, appointments, delegations, results and findings of 
investigations, and other actions duly issued, made, or taken by or 
pursuant to or under the authority of any statute that resulted in the 
assignment of functions or activities to the Secretary of Commerce, the 
Department of Commerce, the Under Secretary of Commerce for Oceans and 
Atmosphere, or any other official of the National Oceanic and 
Atmospheric Administration, as are in effect immediately before the 
enactment of this Act, shall continue in full force and effect after 
enactment of this Act until modified or rescinded.

SEC. 209. REPORT.

    Not later than 1 year after the date of the enactment of this Act, 
the Administrator shall submit a report to the Congress on the 
implementation of this Act, including such recommendations as the 
Administrator considers appropriate regarding changes to existing law 
(including granting of additional authority to the Administrator).

SEC. 210. FUNCTION DEFINED.

    In this title the term ``function'' includes authorities, powers, 
rights, privileges, immunities, programs, projects, activities, duties, 
and responsibilities.

             TITLE III--REGIONAL COORDINATION AND PLANNING

SEC. 301. REGIONAL OCEAN COORDINATION.

    (a) In General.--The purpose of this title is to promote 
coordinated regional efforts to further the implementation of the 
National Ocean Policy through--
            (1) the designation of distinct ocean regions; and
            (2) the establishment of regional ocean partnerships, and 
        the development and implementation of regional ocean strategic 
        plans.
    (b) Objectives of Regional Efforts.--Such regional efforts shall 
achieve the following:
            (1) Provide for more systematic communication, 
        coordination, and alignment of State and Federal governmental 
        authorities and programs with the size, scale, and 
        characteristics of regional marine ecosystems while recognizing 
        regional economic and social patterns.
            (2) Build on and improve existing regional programs and 
        initiatives and foster the creation of new regional efforts in 
        areas where effective interstate and Federal cooperative 
        efforts are currently lacking.
            (3) Provide for regional and subregional ocean assessments, 
        based on the best available science, to determine status and 
        trends and to provide the information needed to improve 
        management decisions.
            (4) Identify shared State and Federal priority issues and 
        address them in a collaborative and coordinated way based on 
        existing legal authorities.
            (5) Improve integration of government efforts and maximize 
        government efficiency.
            (6) Identify and provide data and information needed by the 
        Regional Ocean Partnerships established under section 302.
            (7) Provide for opportunities for public input on regional 
        priorities and plans and for improved citizen and community 
        stewardship of ocean waters, coastal waters, and ocean 
        resources.
    (c) Regions.--
            (1) Designation.--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) 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 Regional Ocean Partnership 
        established under section 302 may establish such subregions, or 
        geographically specified management areas, as necessary for 
        efficient and effective management of region-specific ecosystem 
        issues.

SEC. 302. REGIONAL OCEAN PARTNERSHIPS.

    (a) In General.--
            (1) Establishment.--Within 1 year after the date of the 
        enactment of this Act, the Administrator, in consultation with 
        the Committee on Ocean Policy and the appropriate coastal 
        States, shall establish or designate a Regional Ocean 
        Partnership for each of the ocean regions established by 
        section 301.
            (2) Functions.--Each Partnership shall, for the ocean 
        region for which it is established or designated--
                    (A) pursue the objectives set forth in section 
                301(b);
                    (B) further the implementation of the National 
                Ocean Policy; and
                    (C) develop and implement a Regional Ocean 
                Strategic Plan under section 303.
    (b) Existing Regional Efforts.--For any ocean region for which a 
regional ocean governance effort already exists, the relevant coastal 
States shall work with the Administrator to determine whether the 
Partnership established or designated for the ocean region should build 
upon and expand that effort, or whether the Administrator should 
initiate a new effort.
    (c) Membership.--
            (1) Federal representatives.--Within 270 days after the 
        date of the enactment of this Act, the Committee on Ocean 
        Policy shall designate the Federal agencies and departments 
        that shall participate in each Partnership. Among the agencies 
        and department designated for each Partnership, the Committee 
        shall include all Federal agencies and departments that have 
        expertise in ocean and coastal policy, oversee ocean and 
        coastal policy or resource management, or engage in activities 
        that significantly affect ocean waters, coastal waters, or 
        ocean resources. The head of each Federal agency or department 
        designated by the Committee on Ocean Policy shall select and 
        appoint officers or employees of their agency or department to 
        serve as their representatives to each Partnership. The 
        Administrator, or his or her designated representative, shall 
        serve as the chairperson of each Partnership.
            (2) State representatives.--
                    (A) Coastal state representatives.--The Governor of 
                each coastal State within each ocean region designated 
                under section 301(c) shall--
                            (i) within 9 months after the date of 
                        enactment of this Act, inform the Administrator 
                        whether or not the State intends to participate 
                        in the Partnership for the ocean region; and
                            (ii) if the State intends to participate in 
                        such Partnership, within 1 year of enactment of 
                        this Act, appoint an officer or employee of the 
                        coastal State agency with primary 
                        responsibility for overseeing ocean and coastal 
                        policy or resource management to that 
                        Partnership.
                    (B) Noncoastal state appointments.--
                            (i) In general.--Within 9 months after the 
                        date of enactment of this Act, the Governor of 
                        each noncoastal State within each ocean region 
                        designated under section 301(c) shall notify 
                        the Administrator whether or not the State 
                        seeks to participate in the Partnership for the 
                        ocean region. The Partnership for that region 
                        shall appoint to the Partnership one or more 
                        representatives of noncoastal States that 
                        notify the Administrator, subject to clause 
                        (ii).
                            (ii) Appointments for more than one 
                        noncoastal state.--If more than one noncoastal 
                        State notifies the Administrator under clause 
                        (i) with respect to a Partnership--
                                    (I) the Partnership shall establish 
                                a process for nominating and appointing 
                                representatives under this 
                                subparagraph;
                                    (II) the total number of 
                                representatives appointed under this 
                                subparagraph for the Partnership may 
                                not exceed the number of coastal State 
                                representatives on the Partnership; and
                                    (III) in appointing representatives 
                                to the Partnership, the Partnership 
                                shall consider the relative impact on 
                                the ocean region for which the 
                                Partnership must prepare a Regional 
                                Ocean Strategic Plan of the waters 
                                under each such noncoastal State's 
                                jurisdiction that feed into the ocean 
                                region.
                    (C) North pacific regional ocean partnership.--The 
                Governor of the State of Washington--
                            (i) within 9 months after the date of 
                        enactment of this Act, shall notify the 
                        Administrator whether or not the State intends 
                        to participate in the North Pacific Regional 
                        Ocean Partnership; and
                            (ii) if such State intends to participate 
                        in such Partnership, within 1 year after the 
                        date of enactment of this Act shall appoint to 
                        such Partnership an officer or employee of the 
                        Washington State agency with primary 
                        responsibility for overseeing ocean and coastal 
                        policy or resource management.
            (3) Regional fishery management council representation.--
        The executive director of each Regional Fishery Management 
        Council with jurisdiction in the ocean region of a Partnership 
        and the executive director of the interstate marine fisheries 
        commission with jurisdiction in the ocean region of a 
        Partnership shall each serve as a member of the Partnership, 
        and shall be considered non-Federal representatives for the 
        purposes of paragraph (5)(A).
            (4) Local government representative.--Each Partnership 
        shall receive nominations and select one representative from a 
        coastal political subdivision to represent the interests of 
        local and county governments on the Partnership.
            (5) Additional appointments.--
                    (A) Balance.--Each Partnership shall--
                            (i) identify the total number of additional 
                        non-Federal representatives within the ocean 
                        region of the Partnership necessary to ensure 
                        that the combined number of non-Federal 
                        representatives on the Partnership equals the 
                        number of Federal representatives on the 
                        Partnership; and
                            (ii) identify a process for selecting such 
                        non-Federal representatives that, to the 
                        maximum extent practicable, assures balanced 
                        and broad non-Federal representation.
                    (B) International representatives.--In cooperation 
                with the Secretary of State, each Partnership may 
                foster nonbinding relationships with foreign 
                governments, agencies, States, provinces, and other 
                entities as appropriate, at scales appropriate to the 
                ocean region under the authority of the Partnership, 
                including by providing opportunities for participation 
                by foreign representatives at meetings of the 
                Partnership, its advisory committees, and other working 
                groups.
    (d) Steering Committee.--
            (1) In general.--Each Partnership may establish a Steering 
        Committee to provide leadership with respect to the development 
        and implementation of the Regional Ocean Strategic Plan under 
        section 303 and to ensure that the goals set forth in such 
        Regional Ocean Strategic Plan are being met within the 
        timelines established by that section.
            (2) Membership.--The Steering Committee shall include--
                    (A) one representative from each coastal State that 
                appoints a representative to the Partnership; and
                    (B) one representative from each of three Federal 
                agencies designated by the Committee on Ocean Policy.
    (e) Advisory Committees.--
            (1) Authority.--Each Partnership may establish and appoint 
        members of advisory committees and working groups as necessary 
        for preparation and implementation of its Regional Ocean 
        Strategic Plan under this title.
            (2) Advice and input.--Each Partnership shall provide 
        opportunities for citizen and stakeholder input in the 
        development and implementation of its Regional Ocean Strategic 
        Plan.
    (f) Coordination.--
            (1) Existing programs.--Each Partnership shall build upon 
        and complement current State, multistate, and regional capacity 
        and governance and institutional mechanisms to manage and 
        protect ocean waters, coastal waters, and ocean resources.
            (2) Inland regions.--Each Partnership shall collaborate and 
        coordinate as necessary and appropriate with noncoastal States 
        that may significantly impact marine ecosystem health in the 
        ocean region or the Partnership.
    (g) Procedures.--
            (1) In general.--Each Partnership shall operate in 
        accordance with procedures established by the Partnership and 
        approved by the Administrator.
            (2) Required procedures.--The Administrator shall prescribe 
        requirements for approval of procedures under paragraph (1) 
        that at minimum provide for--
                    (A) transparency in decisionmaking;
                    (B) opportunities for public input and 
                participation; and
                    (C) the use of advisory committees that may be 
                established under subsection (e).
    (h) 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, except for any 
        staff that are hired by participating States.
    (i) Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to Partnerships, steering 
        committees, or any advisory committee established under this 
        title.
            (2) Compliance.--Notwithstanding paragraph (1), each 
        Partnership and each advisory committee of a Partnership 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. 303. REGIONAL OCEAN STRATEGIC PLANS.

    (a) Initial Ocean Region Assessment.--
            (1) In general.--The Administrator, in consultation with 
        the Regional Ocean Partnership for an ocean region and other 
        experts, shall, within 1 year after establishment or 
        designation of such Partnership, prepare an initial ocean 
        region assessment of the ocean region in order to guide the 
        development of the Regional Ocean Strategic Plan prepared for 
        such ocean region under subsection (b).
            (2) Contents.--Each initial assessment shall include a 
        summary of--
                    (A) the ocean region's marine ecosystem health, 
                culture, and economy;
                    (B) existing, emerging, and cumulative threats to 
                marine ecosystem health of the ocean region;
                    (C) indicators that measure marine ecosystem health 
                of the ocean region; and
                    (D) important ecological areas within the ocean 
                region.
            (3) Public participation.--The Administrator, in 
        consultation with the Regional Ocean Partnership, shall provide 
        opportunities for public input in the development of the 
        assessment and updates of the assessment under subsection (c). 
        Such opportunities shall include opportunities for sharing of 
        the latest science and local knowledge regarding the ocean 
        region's ocean waters, coastal waters, and ocean resources 
        using annual public ecosystem forums.
    (b) Regional Ocean Strategic Plan.--
            (1) Requirement.--Each Regional Ocean Partnership shall, 
        within 2 years after the completion of the initial ocean region 
        assessment, prepare and submit to the Administrator for review, 
        consultation, and approval a Regional Ocean Strategic Plan for 
        adaptive, ecosystem-based management of United States ocean 
        waters, coastal waters, and ocean resources for the ocean 
        region of the Partnership consistent with the National Ocean 
        Policy.
            (2) Contents.--Each Plan prepared by a Regional Ocean 
        Partnership shall--
                    (A) be based on the ocean region assessment 
                required under subsection (a) and (c);
                    (B) describe short-term and long-term goals for 
                improving marine ecosystem health in the ocean region 
                covered by the Plan;
                    (C) recommend long-term monitoring measures for 
                important ecological areas within the ocean region 
                covered by the Plan;
                    (D) identify State and Federal priority issues 
                within the ocean region covered by the Plan;
                    (E) describe ecosystem-based management solutions 
                and policies to address the priority issues;
                    (F) describe short-term and long-term indicators 
                for measuring improvements in economic sustainability 
                in the ocean region that result from improved 
                ecological conditions and improved collaboration and 
                coordination amongst Federal and State agencies;
                    (G) identify research, information, and data needed 
                to carry out the Plan;
                    (H) identify performance measures and benchmarks 
                for purposes of subparagraphs (B), (C), and (E) to be 
                used to evaluate the Plan's effectiveness; and
                    (I) define responsibilities and include an analysis 
                of the gaps in authority, coordination, and resources, 
                including funding, that must be filled in order to 
                fully achieve those performance measures and 
                benchmarks.
            (3) Public participation.--Each Regional Ocean Partnership 
        shall provide adequate opportunities for public input during 
        the development of the Plan and any Plan revisions.
    (c) Updated Ocean Region Assessments.--The Administrator, in 
consultation with the appropriate Regional Ocean Partnership and other 
experts, shall, within 4 years after approval of the Plan and at least 
once every 6 years thereafter, update the initial ocean region 
assessment prepared under subsection (a) to provide more detailed 
information regarding the required elements of the assessment and to 
include any new information that has become available.
    (d) Plan Revision.--Each approved Regional Ocean Strategic Plan 
shall be reviewed and revised by the relevant Regional Ocean 
Partnership at least once every 6 years. Such review and revision shall 
be based on a recently updated ocean region assessment. Any proposed 
revisions to the Plan shall be transmitted to the Administrator for 
review and approval pursuant to this section.
    (e) Action by the Administrator.--
            (1) Review of plans.--
                    (A) Commencement of review.--Within 10 days after 
                transmittal of a Regional Ocean Strategic Plan, or any 
                revision to such a Plan, by a Regional Ocean 
                Partnership, the Administrator shall commence a review 
                of the Plan or the revised Plan, respectively.
                    (B) Public notice and comment.--Immediately after 
                receipt of such a Plan or revision, the Administrator 
                shall publish the plan or revision in the Federal 
                Register and provide an opportunity for the submission 
                of public comment for a 60-day period beginning on the 
                date of such publication.
                    (C) Requirements for approval.--Before approving a 
                plan, or any revision to a plan, the administrator must 
                find that the plan or revision--
                            (i) is consistent with the National Ocean 
                        Policy; and
                            (ii) adequately addresses the required 
                        elements under subsection (b) of this section.
                    (D) Deadline for review.--Within 120 days after 
                transmittal of a Plan, or a revision to a Plan, the 
                Administrator shall approve or disapprove the Plan or 
                revision by written notice.
            (2) Regional information systems.--The Administrator shall, 
        within 1 year after the date of the enactment of this Act and 
        in collaboration with marine laboratories and academic and 
        other relevant institutions, establish a network of regional 
        ocean ecosystem resource information systems for each ocean 
        region--
                    (A) to provide access to geophysical, atmospheric, 
                oceanographic, and marine biological data, including 
                genetic research, studies, data, maps, and analyses 
                necessary to the understanding of the ocean ecosystem;
                    (B) from which to draw information for the 
                establishment of policies and priorities related to the 
                conservation, use, and management of ocean waters, 
                coastal waters, and ocean resources; and
                    (C) to provide information of the development and 
                implementation of Plans.
    (f) Implementation.--Members of a Regional Ocean Partnership shall, 
to the maximum extent practicable, implement a Regional Ocean Strategic 
Plan that is prepared by the Partnership and approved by the 
Administrator under this section, consistent with existing legal 
authorities.

SEC. 304. REGULATIONS.

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

SEC. 305. 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.

 TITLE IV--AUTHORIZATION OF APPROPRIATIONS AND ESTABLISHMENT OF TRUST 
                                  FUND

SEC. 401. 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''. For each fiscal year after the date of 
enactment of this Act, the Secretary of the Treasury shall deposit into 
the Fund the following amounts:
            (1) Healthy ocean stamp.--Amounts received by the United 
        States from the sale of a Healthy Ocean Stamp under section 
        407.
            (2) Amounts not disbursed.--All appropriated but un-
        disbursed amounts deposited under section 402(c) each fiscal 
        year.
            (3) Interest.--All interest earned under subsection (b).
    (b) Interest.--The Secretary of the Treasury shall invest monies in 
the Fund (including interest) 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.
    (c) Use of Fund.--The Administrator may, subject to appropriation, 
use funds available in the Ocean and Great Lakes Conservation Fund to 
supplement appropriations made under section 406(a).

SEC. 402. PAYMENTS TO STATES.

    (a) In General.--The Administrator shall make payments to those 
coastal States that are eligible for funding under section 403, subject 
to the availability of appropriations under section 406. The total of 
the amount paid each fiscal year to coastal States in any ocean region 
shall not exceed the amount allocated for the ocean region for that 
fiscal year under section 405.
    (b) Report Requirement.--No payment shall be made to any State 
under this section until the State has--
            (1) 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
            (2) adopted 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.
    (c) Unexpended Funds.--At the end of each fiscal year, the 
Administrator shall deposit in the Fund established in section 401 any 
amount appropriated under section 406 but not disbursed to a State 
under this section.

SEC. 403. ELIGIBILITY FOR FUNDING.

    (a) Eligibility of State.--A State shall not be eligible for 
funding for purposes of section 402 unless the Administrator, in 
consultation with the Partnership, determines that the State is 
participating actively and sufficiently in the development and 
implementation of the relevant Regional Ocean Strategic Plan under 
section 303.
    (b) Eligible Purposes.--States that receive funds under this title 
may only use such funds for purposes of fulfilling the State's 
obligations and responsibilities for
            (1) implementation of a Regional Ocean Strategic Plan 
        approved under section 303 in accordance with a spending plan 
        approved under section 404(c)(1);
            (2) development of the Regional Ocean Strategic Plan under 
        section 303(b) until such Plan is complete, in accordance with 
        a budget approved under section 404(c)(2);
            (3) providing assistance to the Administrator in conducting 
        the initial ocean region assessment under section 303(a) until 
        such assessment is complete in accordance with a budget 
        approved under section 404(c)(2); and
            (4) implementation of other regional efforts that also 
        implement the National Ocean Policy during the 3-year period 
        beginning on the date of the designation or establishment of 
        the relevant Regional Ocean Partnership under section 302 in 
        accordance with the applications approved under section 
        404(c)(3).

SEC. 404. FUNDING PROCEDURES.

    (a) Requirements.--Each State seeking funding under this title 
shall submit to the Administrator an application for such funds.
    (b) Approval.--The Administrator shall approve an application 
submitted by a State under subsection (a) if, in consultation with the 
Regional Ocean Partnership, the Administrator--
            (1) certifies that the State is eligible for funding under 
        section 403(a);
            (2) finds that the activities proposed in the application 
        are part of an approved spending plan submitted by the relevant 
        Regional Ocean Partnership under subsection (c); and
            (3) ensures that previous payments under this title made to 
        the State and coastal political subdivisions in the State were 
        used in accordance with section 403(b).
    (c) Spending Plans, Budgets, and Other Regional Efforts.--
            (1) Spending plan for implementing regional ocean strategic 
        plans.--Each Regional Ocean Partnership that has participating 
        States that are seeking funding under section 403(b)(1) shall 
        submit to the Administrator a spending plan for such States for 
        each fiscal year. The total funds requested in the spending 
        plan shall not exceed the amount allocated to the Region by the 
        Administrator under section 405 for that fiscal year. In 
        addition to such other requirements as the Administrator by 
        regulation shall prescribe, each spending plan shall include--
                    (A) a list of the States participating in the 
                Regional Ocean Partnership;
                    (B) the name of the State agency for each State 
                listed in subparagraph (A) that will have the authority 
                to represent and act for the State in dealing with the 
                Administrator for purposes of this title;
                    (C) a description of how funds provided under this 
                title will be used by each participating State to 
                implement the Regional Ocean Strategic Plan; and
                    (D) certification by the governor of each 
                participating State that all the funds provided under 
                this title to the State and coastal political 
                subdivisions of that State will be used in a manner 
                consistent with section 403(b)(1) and the National 
                Ocean Policy.
            (2) Budgets for developing regional ocean strategic plans 
        and assisting with initial regional ocean assessments.--Each 
        Regional Ocean Partnership with participating States that are 
        seeking funding under section 403(b)(2) or section 403(b)(3) 
        shall submit an annual budget for approval by the Administrator 
        identifying--
                    (A) a list of the States participating in the 
                Regional Ocean Partnership;
                    (B) the name of the State agency for each State 
                listed in subparagraph (A) that will have the authority 
                to represent and act for the State in dealing with the 
                Administrator for purposes of this title; and
                    (C) the costs under section 303(a) or section 
                303(b) that require financial support from the 
                Administrator.
            (3) Other regional efforts.--Each coastal State seeking 
        funding for other regional efforts under section 403(b)(4) 
        shall submit an application for approval by the Administrator 
        that includes the following:
                    (A) 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 subsection.
                    (B) A description of how funds provided pursuant to 
                this subsection will be used for activities that 
                further the implementation of the National Ocean 
                Policy.
                    (C) Certification by the Governor of the State that 
                all the funds provided pursuant to this subsection to 
                the State will be used in a manner consistent with the 
                National Ocean policy.
            (4) Limitation on other uses.--Not more than 50 percent of 
        amounts paid to a State from amounts appropriated under section 
        406(a)(1)(A) may be used by the State to implement other 
        regional ocean governance efforts that further the 
        implementation of the National Ocean Policy as described in the 
        application under paragraph (3).
    (d) Procedure and Timing; Revisions.--The Administrator shall 
approve or disapprove in accordance with this subsection each spending 
plan submitted under subsection (c)(1). If a Regional Ocean Partnership 
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.
    (e) Spending Plan Amendment or Revision.--Any amendment to or 
revision of the spending plan shall be prepared in accordance with the 
requirements of this section 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.
    (f) Public Comment.--Before approving or disapproving a spending 
plan, or an amendment or revision to such a plan, the Administrator 
shall provide for public comment on the proposed expenditures in the 
spending plan for the forthcoming year.
    (g) Time of Payment.--Payments to States under this title shall be 
made not later than December 31 of each year from appropriations made 
during the immediately preceding fiscal year.

SEC. 405. EQUITABLE ALLOCATION.

    (a) Maximum Amount Available to Each Ocean Region.--Of the amounts 
appropriated under section 406, the Administrator shall determine and 
allocate to each ocean region the maximum amount of funds that the 
Administrator may grant under this title for use in that region, based 
on the following weighted formula:
            (1) 35 percent of such amount shall be determined based on 
        the ratio of the shoreline miles (as that term is used in the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)) 
        of the ocean region to the shoreline miles of all ocean 
        regions.
            (2) 65 percent of such amount shall be determined based on 
        the ratio of the coastal population density of the ocean region 
        to the coastal population density of all ocean regions.
    (b) Payments to Political Subdivisions.--The governor of a State 
that receives funds under this title shall use such funds only--
            (1) for the purposes under section 403(b) that the State 
        applied for and received the funds; or
            (2) for awards to coastal political subdivisions of the 
        State, on a competitive basis, for such purposes.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated the following amounts:
            (1) To the Administrator for making payments to coastal 
        States under this title--
                    (A) $40,000,000 for each of fiscal years 2011, 
                2012, and 2013 for developing a Regional Ocean 
                Strategic Plan under section 403(b)(2), for assisting 
                the Administrator in conducting an initial ocean region 
                assessment under section 403(b)(3), and for 
                implementing other regional efforts under section 
                403(b)(4); and
                    (B) $60,000,000 for each of fiscal years 2014 
                through 2021 and for implementing and updating Regional 
                Ocean Strategic Plans under section 403(b)(1).
            (2) To the Administrator $20,000,000 for each of fiscal 
        years 2011 through 2021 thereafter for purposes of--
                    (A) conducting and updating ocean region 
                assessments under section 303; and
                    (B) supporting efforts by the Regional Ocean 
                Partnerships to develop Regional Ocean Strategic Plans 
                under section 303.
            (3) To the Administrator for allocation, with concurrence 
        of the Committee on Ocean Policy, for carrying out 
        responsibilities of the Federal Government for development and 
        implementation of Regional Ocean Strategic Plans--
                    (A) $30,000,000 for fiscal year 2014;
                    (B) $40,000,000 for fiscal year 2015; and
                    (C) $50,000,000 for each of fiscal years 2016 
                through 2021.

SEC. 407. HEALTHY OCEAN 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 401) 
        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.

SEC. 408. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR ADMINISTRATION.

    Of the amounts made available under 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. 409. 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. 410. 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 Funds 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.
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