[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 668 Reported in Senate (RS)]

                                                       Calendar No. 185
111th CONGRESS
  1st Session
                                 S. 668

                          [Report No. 111-90]

To reauthorize the Northwest Straits Marine Conservation Initiative Act 
 to promote the protection of the resources of the Northwest Straits, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2009

  Mrs. Murray (for herself and Ms. Cantwell) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                            October 21, 2009

             Reported by Mr. Rockefeller, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Northwest Straits Marine Conservation Initiative Act 
 to promote the protection of the resources of the Northwest Straits, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Northwest Straits Marine 
Conservation Initiative Reauthorization Act of 2009''.</DELETED>

<DELETED>SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MARINE 
              CONSERVATION INITIATIVE ACT.</DELETED>

<DELETED>    The Northwest Straits Marine Conservation Initiative Act 
(title IV of Public Law 105-384; 112 Stat. 3458) is amended--</DELETED>
        <DELETED>    (1) in section 402, by striking ``(in this title 
        referred to as the `Commission')''; and</DELETED>
        <DELETED>    (2) by striking sections 403, 404, and 405 and 
        inserting the following:</DELETED>

<DELETED>``SEC. 403. FINDINGS.</DELETED>

<DELETED>    ``Congress makes the following findings:</DELETED>
        <DELETED>    ``(1) The marine waters and ecosystem of the 
        Northwest Straits in Puget Sound in the State of Washington 
        represent a unique resource of enormous environmental and 
        economic value to the people of the United States.</DELETED>
        <DELETED>    ``(2) During the 20th century, the environmental 
        health of the Northwest Straits declined dramatically as 
        indicated by impaired water quality, declines in marine 
        wildlife, collapse of harvestable marine species, loss of 
        critical marine habitats, ocean acidification, and sea level 
        rise.</DELETED>
        <DELETED>    ``(3) At the start of the 21st century, the 
        Northwest Straits have been threatened by sea level rise, ocean 
        acidification, and other effects of climate change.</DELETED>
        <DELETED>    ``(4) In 1998, the Northwest Straits Marine 
        Conservation Initiative Act (title IV of Public Law 105-384) 
        was enacted to tap the unprecedented level of citizen 
        stewardship demonstrated in the Northwest Straits and create a 
        mechanism to mobilize public support and raise capacity for 
        local efforts to protect and restore the ecosystem of the 
        Northwest Straits.</DELETED>
        <DELETED>    ``(5) The Northwest Straits Marine Conservation 
        Initiative helps the National Oceanic and Atmospheric 
        Administration and other Federal agencies with their marine 
        missions by fostering local interest in marine issues and 
        involving diverse groups of citizens.</DELETED>
        <DELETED>    ``(6) The Northwest Straits Marine Conservation 
        Initiative shares many of the same goals with the National 
        Oceanic and Atmospheric Administration, including fostering 
        citizen stewardship of marine resources, general ecosystem 
        management, and protecting federally managed marine 
        species.</DELETED>
        <DELETED>    ``(7) Ocean literacy and identification and 
        removal of marine debris projects are examples of on-going 
        partnerships between the Northwest Straits Marine Conservation 
        Initiative and the National Oceanic and Atmospheric 
        Administration.</DELETED>

<DELETED>``SEC. 404. DEFINITIONS.</DELETED>

<DELETED>    ``In this title:</DELETED>
        <DELETED>    ``(1) Commission.--The term `Commission' means the 
        Northwest Straits Advisory Commission established by section 
        402.</DELETED>
        <DELETED>    ``(2) Indian tribe.--The term `Indian tribe' has 
        the meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).</DELETED>
        <DELETED>    ``(3) Northwest straits.--The term `Northwest 
        Straits' means the marine waters of the Strait of Juan de Fuca 
        and of Puget Sound from the Canadian border to the south end of 
        Snohomish County.</DELETED>

<DELETED>``SEC. 405. MEMBERSHIP OF THE COMMISSION.</DELETED>

<DELETED>    ``(a) Composition.--The Commission shall be composed of up 
to 14 members who shall be appointed as follows:</DELETED>
        <DELETED>    ``(1) One member appointed by a consensus of the 
        members of a marine resources committee established under 
        section 408 for each of the following counties of the State of 
        Washington:</DELETED>
                <DELETED>    ``(A) San Juan County.</DELETED>
                <DELETED>    ``(B) Island County.</DELETED>
                <DELETED>    ``(C) Skagit County.</DELETED>
                <DELETED>    ``(D) Whatcom County.</DELETED>
                <DELETED>    ``(E) Snohomish County.</DELETED>
                <DELETED>    ``(F) Clallam County.</DELETED>
                <DELETED>    ``(G) Jefferson County.</DELETED>
        <DELETED>    ``(2) Two members appointed by the Secretary of 
        the Interior in trust capacity and in consultation with the 
        Northwest Indian Fisheries Commission or the Indian tribes 
        affected by this title collectively, as the Secretary of the 
        Interior considers appropriate, to represent the interests of 
        such tribes.</DELETED>
        <DELETED>    ``(3) One member appointed by the Governor of the 
        State of Washington to represent the interests of the Puget 
        Sound Partnership.</DELETED>
        <DELETED>    ``(4) Four members appointed by the Governor of 
        the State of Washington who--</DELETED>
                <DELETED>    ``(A) are residents of the State of 
                Washington; and</DELETED>
                <DELETED>    ``(B) are not employed by a Federal, 
                State, or local government.</DELETED>
<DELETED>    ``(b) Vacancies.--A vacancy in the Commission shall be 
filled in the manner in which the original appointment was 
made.</DELETED>
<DELETED>    ``(c) Chairperson.--The Commission shall select a 
Chairperson from among its members.</DELETED>
<DELETED>    ``(d) Meeting.--The Commission shall meet at the call of 
the Chairperson, but not less frequently than quarterly.</DELETED>
<DELETED>    ``(e) Liaison.--The Secretary of Commerce shall, acting 
through the Under Secretary for Oceans and Atmosphere and in 
consultation with the Director of the Commission appointed under 
section 407(a), appoint an employee of the National Oceanic and 
Atmospheric Administration--</DELETED>
        <DELETED>    ``(1) to serve as a liaison among the Commission 
        and the Department of Commerce; and</DELETED>
        <DELETED>    ``(2) to attend meetings and other events of the 
        Commission as a nonvoting participant.</DELETED>

<DELETED>``SEC. 406. GOAL AND DUTIES OF THE COMMISSION.</DELETED>

<DELETED>    ``(a) Goal.--The goal of the Commission is to protect and 
restore the marine waters, habitats, and species of the Northwest 
Straits region to achieve ecosystem health and sustainable resource use 
by--</DELETED>
        <DELETED>    ``(1) designing and initiating projects that are 
        driven by sound science, local priorities, community-based 
        decisions, and the ability to measure results;</DELETED>
        <DELETED>    ``(2) building awareness and stewardship and 
        making recommendations to improve the health of the Northwest 
        Straits marine resources;</DELETED>
        <DELETED>    ``(3) maintaining and expanding diverse membership 
        and partner organizations;</DELETED>
        <DELETED>    ``(4) expanding partnerships with governments of 
        Indian tribes and continuing to foster respect for tribal 
        cultures and treaties; and</DELETED>
        <DELETED>    ``(5) recognizing the importance of economic and 
        social benefits that are dependent on marine environments and 
        sustainable marine resources.</DELETED>
<DELETED>    ``(b) Duties.--The duties of the Commission are the 
following:</DELETED>
        <DELETED>    ``(1) To provide resources and technical support 
        for marine resources committees established under section 
        408.</DELETED>
        <DELETED>    ``(2) To work with such marine resources 
        committees and appropriate entities of Federal and State 
        governments and Indian tribes to develop programs to monitor 
        the overall health of the marine ecosystem of the Northwest 
        Straits.</DELETED>
        <DELETED>    ``(3) To identify factors adversely affecting or 
        preventing the restoration of the health of the marine 
        ecosystem and coastal economies of the Northwest 
        Straits.</DELETED>
        <DELETED>    ``(4) To develop scientifically sound restoration 
        and protection recommendations, informed by local priorities, 
        that address such factors.</DELETED>
        <DELETED>    ``(5) To assist in facilitating the successful 
        implementation of such recommendations by developing broad 
        support among appropriate authorities, stakeholder groups, and 
        local communities.</DELETED>
        <DELETED>    ``(6) To develop and implement regional projects 
        based on such recommendations to protect and restore the 
        Northwest Straits ecosystem.</DELETED>
        <DELETED>    ``(7) To serve as a public forum for the 
        discussion of policies and actions of Federal, State, or local 
        government, an Indian tribe, or the Government of Canada with 
        respect to the marine ecosystem of the Northwest 
        Straits.</DELETED>
        <DELETED>    ``(8) To inform appropriate authorities and local 
        communities about the marine ecosystem of the Northwest Straits 
        and about issues relating to the marine ecosystem of the 
        Northwest Straits.</DELETED>
        <DELETED>    ``(9) To consult with all affected Indian tribes 
        in the region of the Northwest Straits to ensure that the work 
        of the Commission does not violate tribal treaty 
        rights.</DELETED>
<DELETED>    ``(c) Benchmarks.--The Commission shall carry out its 
duties in a manner that promotes the achieving of the benchmarks 
described in subsection (f)(2).</DELETED>
<DELETED>    ``(d) Coordination and Collaboration.--The Commission 
shall carry out the duties described in subsection (b) in coordination 
and collaboration, when appropriate, with Federal, State, and local 
governments and Indian tribes.</DELETED>
<DELETED>    ``(e) Regulatory Authority.--The Commission shall have no 
power to issue regulations.</DELETED>
<DELETED>    ``(f) Annual Report.--</DELETED>
        <DELETED>    ``(1) In general.--Each year, the Commission shall 
        prepare, submit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Energy and 
        Commerce of the House of Representatives, and the Under 
        Secretary for Oceans and Atmosphere, and make available to the 
        public an annual report describing--</DELETED>
                <DELETED>    ``(A) the activities carried out by the 
                Commission during the preceding year; and</DELETED>
                <DELETED>    ``(B) the progress of the Commission in 
                achieving the benchmarks described in paragraph 
                (2).</DELETED>
        <DELETED>    ``(2) Benchmarks.--The benchmarks described in 
        this paragraph are the following:</DELETED>
                <DELETED>    ``(A) Protection and restoration of 
                marine, coastal, and nearshore habitats.</DELETED>
                <DELETED>    ``(B) Prevention of loss and achievement 
                of a net gain of healthy habitat areas.</DELETED>
                <DELETED>    ``(C) Protection and restoration of marine 
                populations to healthy, sustainable levels.</DELETED>
                <DELETED>    ``(D) Protection of the marine water 
                quality of the Northwest Straits region and restoration 
                of the health of marine waters.</DELETED>
                <DELETED>    ``(E) Collection of high-quality data and 
                promotion of the use and dissemination of such 
                data.</DELETED>
                <DELETED>    ``(F) Promotion of stewardship and 
                understanding of Northwest Straits marine resources 
                through education and outreach.</DELETED>

<DELETED>``SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE 
              MATTERS.</DELETED>

<DELETED>    ``(a) Director.--The Manager of the Shorelands and 
Environmental Assistance Program of the Department of Ecology of the 
State of Washington may, upon the recommendation of the Commission and 
the Director of the Padilla Bay National Estuarine Research Reserve, 
appoint and terminate a Director of the Commission. The employment of 
the Director shall be subject to confirmation by the 
Commission.</DELETED>
<DELETED>    ``(b) Staff.--The Director may hire such other personnel 
as may be appropriate to enable the Commission to perform its duties. 
Such personnel shall be hired through the personnel system of the 
Department of Ecology of the State of Washington.</DELETED>
<DELETED>    ``(c) Administrative Services.--If the Governor of the 
State of Washington makes available to the Commission the 
administrative services of the State of Washington Department of 
Ecology and Padilla Bay National Estuarine Research Reserve, the 
Commission shall use such services for employment, procurement, grant 
and fiscal management, and support services necessary to carry out the 
duties of the Commission.</DELETED>

<DELETED>``SEC. 408. MARINE RESOURCES COMMITTEES.</DELETED>

<DELETED>    ``(a) In General.--The government of each of the counties 
referred to in subparagraphs (A) through (G) of section 405(a)(1) may 
establish a marine resources committee that--</DELETED>
        <DELETED>    ``(1) complies with the requirements of this 
        section; and</DELETED>
        <DELETED>    ``(2) receives from such government the mission, 
        direction, expert assistance, and financial resources 
        necessary--</DELETED>
                <DELETED>    ``(A) to address issues affecting the 
                marine ecosystems within its county; and</DELETED>
                <DELETED>    ``(B) to work to achieve the benchmarks 
                described in section 406(f)(2).</DELETED>
<DELETED>    ``(b) Membership.--</DELETED>
        <DELETED>    ``(1) In general.--Each marine resources committee 
        established pursuant to this section shall be composed of--
        </DELETED>
                <DELETED>    ``(A) members with relevant scientific 
                expertise; and</DELETED>
                <DELETED>    ``(B) members that represent balanced 
                representation, including representation of--</DELETED>
                        <DELETED>    ``(i) local governments, including 
                        planning staff from counties and cities with 
                        marine shorelines;</DELETED>
                        <DELETED>    ``(ii) affected economic 
                        interests, such as ports and commercial 
                        fishers;</DELETED>
                        <DELETED>    ``(iii) affected recreational 
                        interests, such as sport fishers; and</DELETED>
                        <DELETED>    ``(iv) conservation and 
                        environmental interests.</DELETED>
        <DELETED>    ``(2) Tribal members.--With respect to a county 
        referred to in subparagraph (A) through (G) of section 
        405(a)(1), each Indian tribe with usual and accustomed fishing 
        rights in the waters of such county and each Indian tribe with 
        reservation lands in such county, may appoint one member to the 
        marine resources committee for such county. Such member may be 
        appointed by the respective tribal authority.</DELETED>
        <DELETED>    ``(3) Chairperson.--</DELETED>
                <DELETED>    ``(A) In general.--Each marine resources 
                committee established pursuant to this section shall 
                select a chairperson from among members by a majority 
                vote of the members of the committee.</DELETED>
                <DELETED>    ``(B) Rotating position.--Each marine 
                resources committee established pursuant to this 
                section shall select a new chairperson at a frequency 
                determined by the county charter of the marine 
                resources committee to create a diversity of 
                representation in the leadership of the marine 
                resources committee.</DELETED>
<DELETED>    ``(c) Duties.--The duties of a marine resources committee 
established pursuant to this section are the following:</DELETED>
        <DELETED>    ``(1) To assist in assessing marine resource 
        problems in concert with governmental agencies, tribes, and 
        other entities.</DELETED>
        <DELETED>    ``(2) To assist in identifying local implications, 
        needs, and strategies associated with the recovery of Puget 
        Sound salmon and other species in the region of the Northwest 
        Straits listed under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) in coordination with Federal, State, and 
        local governments, Indian tribes, and other entities.</DELETED>
        <DELETED>    ``(3) To work with other entities to enhance the 
        scientific baseline and monitoring program for the marine 
        environment of the Northwest Straits.</DELETED>
        <DELETED>    ``(4) To identify local priorities for marine 
        resource conservation and develop new projects to address those 
        needs.</DELETED>
        <DELETED>    ``(5) To work closely with county leadership to 
        implement local marine conservation and restoration 
        initiatives.</DELETED>
        <DELETED>    ``(6) To coordinate with the Commission on marine 
        ecosystem objectives.</DELETED>
        <DELETED>    ``(7) To educate the public and key constituencies 
        regarding the relationship between healthy marine habitats, 
        harvestable resources, and human activities.</DELETED>

<DELETED>``SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION 
              FOUNDATION.</DELETED>

<DELETED>    ``(a) Establishment.--The Director of the Commission and 
the Director of the Padilla Bay National Estuarine Research Reserve may 
enter into an agreement with an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 to establish a nonprofit 
foundation to support the Commission and the marine resources 
committees established under section 408 in carrying out their duties 
under this Act.</DELETED>
<DELETED>    ``(b) Designation.--The foundation authorized by 
subsection (a) shall be known as the `Northwest Straits Marine 
Conservation Foundation'.</DELETED>
<DELETED>    ``(c) Receipt of Grants.--The Northwest Straits Marine 
Conservation Foundation may, if eligible, apply for, accept, and use 
grants awarded by Federal agencies, States, local governments, regional 
agencies, interstate agencies, corporations, foundations, or other 
persons to assist the Commission and the marine resources committees in 
carrying out their duties under this Act.</DELETED>
<DELETED>    ``(d) Transfer of Funds.--The Northwest Straits Marine 
Conservation Foundation may transfer funds to the Commission or the 
marine resources committees to assist them in carrying out their duties 
under this Act.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northwest Straits Marine 
Conservation Initiative Reauthorization Act of 2009''.

SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MARINE CONSERVATION 
              INITIATIVE ACT.

    The Northwest Straits Marine Conservation Initiative Act (title IV 
of Public Law 105-384; 112 Stat. 3458) is amended--
            (1) by striking `` Commission (in this title referred to as 
        the `Commission').'' and inserting ``Commission.''; and
            (2) by striking sections 403, 404, and 405 and inserting 
        the following:

``SEC. 403. FINDINGS.

    ``Congress makes the following findings:
            ``(1) The marine waters and ecosystem of the Northwest 
        Straits in Puget Sound in the State of Washington represent a 
        unique resource of enormous environmental and economic value to 
        the people of the United States.
            ``(2) During the 20th century, the environmental health of 
        the Northwest Straits declined dramatically as indicated by 
        impaired water quality, declines in marine wildlife, collapse 
        of harvestable marine species, loss of critical marine 
        habitats, ocean acidification, and sea level rise.
            ``(3) At the start of the 21st century, the Northwest 
        Straits have been threatened by sea level rise, ocean 
        acidification, and other effects of climate change.
            ``(4) In 1998, the Northwest Straits Marine Conservation 
        Initiative Act (title IV of Public Law 105-384) was enacted to 
        tap the unprecedented level of citizen stewardship demonstrated 
        in the Northwest Straits and create a mechanism to mobilize 
        public support and raise capacity for local efforts to protect 
        and restore the ecosystem of the Northwest Straits.
            ``(5) The Northwest Straits Marine Conservation Initiative 
        helps the National Oceanic and Atmospheric Administration and 
        other Federal agencies with their marine missions by fostering 
        local interest in marine issues and involving diverse groups of 
        citizens.
            ``(6) The Northwest Straits Marine Conservation Initiative 
        shares many of the same goals with the National Oceanic and 
        Atmospheric Administration, including fostering citizen 
        stewardship of marine resources, general ecosystem management, 
        and protecting federally managed marine species.
            ``(7) Ocean literacy and identification and removal of 
        marine debris projects are examples of on-going partnerships 
        between the Northwest Straits Marine Conservation Initiative 
        and the National Oceanic and Atmospheric Administration.

``SEC. 404. DEFINITIONS.

    ``In this title:
            ``(1) Commission.--The term `Commission' means the 
        Northwest Straits Advisory Commission established by section 
        402.
            ``(2) Indian tribe.--The term `Indian tribe' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(3) Northwest straits.--The term `Northwest Straits' 
        means the marine waters of the Strait of Juan de Fuca and of 
        Puget Sound from the Canadian border to the south end of 
        Snohomish County.

``SEC. 405. MEMBERSHIP OF THE COMMISSION.

    ``(a) Composition.--The Commission shall be composed of up to 14 
members who shall be appointed as follows:
            ``(1) One member appointed by a consensus of the members of 
        a marine resources committee established under section 408 for 
        each of the following counties of the State of Washington:
                    ``(A) San Juan County.
                    ``(B) Island County.
                    ``(C) Skagit County.
                    ``(D) Whatcom County.
                    ``(E) Snohomish County.
                    ``(F) Clallam County.
                    ``(G) Jefferson County.
            ``(2) Two members appointed by the Secretary of the 
        Interior in trust capacity and in consultation with the 
        Northwest Indian Fisheries Commission or the Indian tribes 
        affected by this title collectively, as the Secretary of the 
        Interior considers appropriate, to represent the interests of 
        such tribes.
            ``(3) One member appointed by the Governor of the State of 
        Washington to represent the interests of the Puget Sound 
        Partnership.
            ``(4) Four members appointed by the Governor of the State 
        of Washington who--
                    ``(A) are residents of the State of Washington; and
                    ``(B) are not employed by a Federal, State, or 
                local government.
    ``(b) Vacancies.--A vacancy in the Commission shall be filled in 
the manner in which the original appointment was made.
    ``(c) Chairperson.--The Commission shall select a Chairperson from 
among its members.
    ``(d) Meeting.--The Commission shall meet at the call of the 
Chairperson, but not less frequently than quarterly.
    ``(e) Liaison.--
            ``(1) In general.--The Secretary of Commerce shall, acting 
        through the Under Secretary for Oceans and Atmosphere and in 
        consultation with the Director of the Commission appointed 
        under section 407(a), appoint an employee of the National 
        Oceanic and Atmospheric Administration--
                    ``(A) to serve as a liaison between the Commission 
                and the Department of Commerce; and
                    ``(B) to attend meetings and other events of the 
                Commission as a nonvoting participant.
            ``(2) Limitation.--Service as a member of the Commission by 
        the employee appointed under paragraph (1)--
                    ``(A) is limited to the employee's service as a 
                liaison and attendance of meetings and other events as 
                a nonvoting participant; and
                    ``(B) does not obligate the employee to perform any 
                duty of the Commission under section 406(b).

``SEC. 406. GOAL AND DUTIES OF THE COMMISSION.

    ``(a) Goal.--The goal of the Commission is to protect and restore 
the marine waters, habitats, and species of the Northwest Straits 
region to achieve ecosystem health and sustainable resource use by--
            ``(1) designing and initiating projects that are driven by 
        sound science, local priorities, community-based decisions, and 
        the ability to measure results;
            ``(2) building awareness and stewardship and making 
        recommendations to improve the health of the Northwest Straits 
        marine resources;
            ``(3) maintaining and expanding diverse membership and 
        partner organizations;
            ``(4) expanding partnerships with governments of Indian 
        tribes and continuing to foster respect for tribal cultures and 
        treaties; and
            ``(5) recognizing the importance of economic and social 
        benefits that are dependent on marine environments and 
        sustainable marine resources.
    ``(b) Duties.--The duties of the Commission are the following:
            ``(1) To provide resources and technical support for marine 
        resources committees established under section 408.
            ``(2) To work with such marine resources committees and 
        appropriate entities of Federal and State governments and 
        Indian tribes to develop programs to monitor the overall health 
        of the marine ecosystem of the Northwest Straits.
            ``(3) To identify factors adversely affecting or preventing 
        the restoration of the health of the marine ecosystem and 
        coastal economies of the Northwest Straits.
            ``(4) To develop scientifically sound restoration and 
        protection recommendations, informed by local priorities, that 
        address such factors.
            ``(5) To assist in facilitating the successful 
        implementation of such recommendations by developing broad 
        support among appropriate authorities, stakeholder groups, and 
        local communities.
            ``(6) To develop and implement regional projects based on 
        such recommendations to protect and restore the Northwest 
        Straits ecosystem.
            ``(7) To serve as a public forum for the discussion of 
        policies and actions of Federal, State, or local government, an 
        Indian tribe, or the Government of Canada with respect to the 
        marine ecosystem of the Northwest Straits.
            ``(8) To inform appropriate authorities and local 
        communities about the marine ecosystem of the Northwest Straits 
        and about issues relating to the marine ecosystem of the 
        Northwest Straits.
            ``(9) To consult with all affected Indian tribes in the 
        region of the Northwest Straits to ensure that the work of the 
        Commission does not violate tribal treaty rights.
    ``(c) Benchmarks.--The Commission shall carry out its duties in a 
manner that promotes the achieving of the benchmarks described in 
subsection (f)(2).
    ``(d) Coordination and Collaboration.--The Commission shall carry 
out the duties described in subsection (b) in coordination and 
collaboration, when appropriate, with Federal, State, and local 
governments and Indian tribes.
    ``(e) Regulatory Authority.--The Commission shall have no power to 
issue regulations.
    ``(f) Annual Report.--
            ``(1) In general.--Each year, the Commission shall prepare, 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Energy and 
        Commerce of the House of Representatives, and the Under 
        Secretary for Oceans and Atmosphere, and make available to the 
        public an annual report describing--
                    ``(A) the activities carried out by the Commission 
                during the preceding year; and
                    ``(B) the progress of the Commission in achieving 
                the benchmarks described in paragraph (2).
            ``(2) Benchmarks.--The benchmarks described in this 
        paragraph are the following:
                    ``(A) Protection and restoration of marine, 
                coastal, and nearshore habitats.
                    ``(B) Prevention of loss and achievement of a net 
                gain of healthy habitat areas.
                    ``(C) Protection and restoration of marine 
                populations to healthy, sustainable levels.
                    ``(D) Protection of the marine water quality of the 
                Northwest Straits region and restoration of the health 
                of marine waters.
                    ``(E) Collection of high-quality data and promotion 
                of the use and dissemination of such data.
                    ``(F) Promotion of stewardship and understanding of 
                Northwest Straits marine resources through education 
                and outreach.

``SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS.

    ``(a) Director.--The Manager of the Shorelands and Environmental 
Assistance Program of the Department of Ecology of the State of 
Washington may, upon the recommendation of the Commission and the 
Director of the Padilla Bay National Estuarine Research Reserve, 
appoint and terminate a Director of the Commission. The employment of 
the Director shall be subject to confirmation by the Commission.
    ``(b) Staff.--The Director may hire such other personnel as may be 
appropriate to enable the Commission to perform its duties. Such 
personnel shall be hired through the personnel system of the Department 
of Ecology of the State of Washington.
    ``(c) Administrative Services.--If the Governor of the State of 
Washington makes available to the Commission the administrative 
services of the State of Washington Department of Ecology and Padilla 
Bay National Estuarine Research Reserve, the Commission shall use such 
services for employment, procurement, grant and fiscal management, and 
support services necessary to carry out the duties of the Commission.

``SEC. 408. MARINE RESOURCES COMMITTEES.

    ``(a) In General.--The government of each of the counties referred 
to in subparagraphs (A) through (G) of section 405(a)(1) may establish 
a marine resources committee that--
            ``(1) complies with the requirements of this section; and
            ``(2) receives from such government the mission, direction, 
        expert assistance, and financial resources necessary--
                    ``(A) to address issues affecting the marine 
                ecosystems within its county; and
                    ``(B) to work to achieve the benchmarks described 
                in section 406(f)(2).
    ``(b) Membership.--
            ``(1) In general.--Each marine resources committee 
        established pursuant to this section shall be composed of--
                    ``(A) members with relevant scientific expertise; 
                and
                    ``(B) members that represent balanced 
                representation, including representation of--
                            ``(i) local governments, including planning 
                        staff from counties and cities with marine 
                        shorelines;
                            ``(ii) affected economic interests, such as 
                        ports and commercial fishers;
                            ``(iii) affected recreational interests, 
                        such as sport fishers; and
                            ``(iv) conservation and environmental 
                        interests.
            ``(2) Tribal members.--With respect to a county referred to 
        in subparagraph (A) through (G) of section 405(a)(1), each 
        Indian tribe with usual and accustomed fishing rights in the 
        waters of such county and each Indian tribe with reservation 
        lands in such county, may appoint one member to the marine 
        resources committee for such county. Such member may be 
        appointed by the respective tribal authority.
            ``(3) Chairperson.--
                    ``(A) In general.--Each marine resources committee 
                established pursuant to this section shall select a 
                chairperson from among members by a majority vote of 
                the members of the committee.
                    ``(B) Rotating position.--Each marine resources 
                committee established pursuant to this section shall 
                select a new chairperson at a frequency determined by 
                the county charter of the marine resources committee to 
                create a diversity of representation in the leadership 
                of the marine resources committee.
    ``(c) Duties.--The duties of a marine resources committee 
established pursuant to this section are the following:
            ``(1) To assist in assessing marine resource problems in 
        concert with governmental agencies, tribes, and other entities.
            ``(2) To assist in identifying local implications, needs, 
        and strategies associated with the recovery of Puget Sound 
        salmon and other species in the region of the Northwest Straits 
        listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 
        et seq.) in coordination with Federal, State, and local 
        governments, Indian tribes, and other entities.
            ``(3) To work with other entities to enhance the scientific 
        baseline and monitoring program for the marine environment of 
        the Northwest Straits.
            ``(4) To identify local priorities for marine resource 
        conservation and develop new projects to address those needs.
            ``(5) To work closely with county leadership to implement 
        local marine conservation and restoration initiatives.
            ``(6) To coordinate with the Commission on marine ecosystem 
        objectives.
            ``(7) To educate the public and key constituencies 
        regarding the relationship between healthy marine habitats, 
        harvestable resources, and human activities.

``SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION.

    ``(a) Establishment.--The Director of the Commission and the 
Director of the Padilla Bay National Estuarine Research Reserve may 
enter into an agreement with an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 to establish a nonprofit 
foundation to support the Commission and the marine resources 
committees established under section 408 in carrying out their duties 
under this Act.
    ``(b) Designation.--The foundation authorized by subsection (a) 
shall be known as the `Northwest Straits Marine Conservation 
Foundation'.
    ``(c) Receipt of Grants.--The Northwest Straits Marine Conservation 
Foundation may, if eligible, apply for, accept, and use grants awarded 
by Federal agencies, States, local governments, regional agencies, 
interstate agencies, corporations, foundations, or other persons to 
assist the Commission and the marine resources committees in carrying 
out their duties under this Act.
    ``(d) Transfer of Funds.--The Northwest Straits Marine Conservation 
Foundation may transfer funds to the Commission or the marine resources 
committees to assist them in carrying out their duties under this Act.

``SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary of 
Commerce for the use of the Commission such sums as may be necessary to 
carry out the provisions of this title.''.
                                                       Calendar No. 185

111th CONGRESS

  1st Session

                                 S. 668

                          [Report No. 111-90]

_______________________________________________________________________

                                 A BILL

To reauthorize the Northwest Straits Marine Conservation Initiative Act 
 to promote the protection of the resources of the Northwest Straits, 
                        and for other purposes.

_______________________________________________________________________

                            October 21, 2009

                       Reported with an amendment