[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4903 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4903

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

                           September 21, 2022

  Mrs. Murray introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northwest Straits Marine 
Conservation Initiative Reauthorization Act of 2022''.

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) in section 402, 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) Increasingly, the Northwest Straits have been 
        threatened by sea level rise, ocean acidification, and other 
        effects of climate change.
            ``(4) This title 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 
        communities.
            ``(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, kelp habitat conservation and 
        monitoring, Veterans Conservation Corps internships, and 
        removal of marine debris projects are examples of previous and 
        ongoing partnerships between the Northwest Straits Marine 
        Conservation Initiative and the National Oceanic and 
        Atmospheric Administration. Areas of partnership may evolve 
        with emerging opportunities.

``SEC. 404. DEFINITIONS.

    ``In this title:
            ``(1) Commission.--The term `Commission' means the 
        Northwest Straits Advisory Commission established by section 
        402.
            ``(2) Marine resources committee.--The term `marine 
        resources committee' means a county government committee that 
        assists in assessing marine resource and conservation needs.
            ``(3) Northwest straits region.--The term `Northwest 
        Straits region' 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.
            ``(4) Tribal government.--The term `Tribal government' 
        means the recognized governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, community, 
        component band, or component reservation individually 
        identified (including parenthetically) in the list published 
        most recently as of the date of enactment of the Northwest 
        Straits Marine Conservation Initiative Reauthorization Act of 
        2022 pursuant to section 104 of the Federally Recognized Indian 
        Tribe List Act of 1994 (25 U.S.C. 5131).
            ``(5) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.

``SEC. 405. MEMBERSHIP OF THE COMMISSION.

    ``(a) Composition.--
            ``(1) In general.--The Commission shall be composed of 14 
        members, except as provided in paragraph (2), who shall be 
        appointed as follows:
                    ``(A) One member appointed by a consensus of the 
                members of a marine resources committee for San Juan 
                County, Washington.
                    ``(B) One member appointed by a consensus of the 
                members of a marine resources committee for Island 
                County, Washington.
                    ``(C) One member appointed by a consensus of the 
                members of a marine resources committee for Skagit 
                County, Washington.
                    ``(D) One member appointed by a consensus of the 
                members of a marine resources committee for Whatcom 
                County, Washington.
                    ``(E) One member appointed by a consensus of the 
                members of a marine resources committee for Snohomish 
                County, Washington.
                    ``(F) One member appointed by a consensus of the 
                members of a marine resources committee for Clallam 
                County, Washington.
                    ``(G) One member appointed by a consensus of the 
                members of a marine resources committee for Jefferson 
                County, Washington.
                    ``(H) Two members appointed by the Secretary of the 
                Interior, in coordination with the Northwest Indian 
                Fisheries Commission and in consultation with the 
                Tribal governments affected by this title, to represent 
                the interests of such Tribal governments.
                    ``(I) One member appointed by the Governor of the 
                State of Washington to represent the interests of the 
                Puget Sound Partnership.
                    ``(J) Four members appointed by the Governor of the 
                State of Washington who--
                            ``(i) are residents of the State of 
                        Washington; and
                            ``(ii) are not employed by a Federal, 
                        State, or local government, excluding an 
                        institution of higher education.
            ``(2) Additional members.--The Commission may, as 
        determined necessary to improve the ability of the Commission 
        to perform the duties of the Commission under section 406(b), 
        appoint members in addition to those appointed under paragraph 
        (1). Any such additional member shall be appointed by a 
        consensus of the members of a marine resources committee that 
        is not described in such paragraph.
    ``(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 Under Secretary, in consultation 
        with the Commission, shall appoint an employee of the National 
        Oceanic and Atmospheric Administration--
                    ``(A) to serve as a liaison between the Commission 
                and the Department of Commerce;
                    ``(B) to coordinate programs of the National 
                Oceanic and Atmospheric Administration with activities 
                related to the goal of the Commission described in 
                section 406(a); and
                    ``(C) to perform additional liaison functions 
                benefitting the Commission and the National Oceanic and 
                Atmospheric Administration, which may include, as 
                agreed to by the Commission and the National Oceanic 
                and Atmospheric Administration, attending 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
                    ``(B) does not obligate the employee to perform any 
                duty of the Commission under section 406(b).
    ``(f) Administration.--The Commission may enter into cooperative 
agreements with the State of Washington for staffing and administrative 
services for the purposes of supporting the duties 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 recommending projects that are driven 
        by the best available 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 marine resources 
        of the Northwest Straits region;
            ``(3) maintaining and expanding diverse membership and 
        collaboration with partner organizations, such as the Puget 
        Sound Partnership;
            ``(4) expanding partnerships with Tribal governments and 
        continuing to support Tribal treaties, cultures, and 
        subsistence and Tribal treaty rights; 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.
            ``(2) To work with such marine resources committees and 
        appropriate entities of Federal, State, and local governments 
        and Tribal governments to provide advice in developing regional 
        programs to monitor the overall health of the marine ecosystem 
        of the Northwest Straits region.
            ``(3) To collect marine resources data and identify factors 
        adversely affecting or preventing the restoration of the health 
        of the marine ecosystem and coastal economies of the Northwest 
        Straits region to inform decisionmakers.
            ``(4) To develop scientifically sound restoration and 
        protection recommendations, informed by local priorities, that 
        address such factors.
            ``(5) To serve as a public forum for the informal 
        discussion of policies and actions, with respect to the marine 
        ecosystem of the Northwest Straits region, of Federal, State, 
        or local governments, Tribal governments, or the Government of 
        Canada.
            ``(6) To inform appropriate authorities and local 
        communities about the marine ecosystem of the Northwest Straits 
        region and about issues relating to the marine ecosystem of the 
        Northwest Straits region.
            ``(7) To consult with all affected Tribal governments in 
        the Northwest Straits region to ensure that the work of the 
        Commission does not violate Tribal treaty rights.
    ``(c) Coordination and Collaboration.--The Commission--
            ``(1) shall carry out the duties described in subsection 
        (b) in coordination and collaboration, as appropriate, with 
        Federal, State, and local governments and Tribal governments, 
        including by--
                    ``(A) providing technical support and assistance to 
                any Tribal government seeking representation and 
                participation on the Commission; and
                    ``(B) supporting the work and duties of the liaison 
                to the Commission under section 405(e); and
            ``(2) may enter into cooperative agreements with nonprofit 
        entities, such as the Northwest Straits Foundation, to provide 
        assistance, including financial assistance, in carrying out the 
        duties described in subsection (b).
    ``(d) Limitations.--Nothing in this title provides the Commission 
with authority to issue regulations or implement any Federal law or 
regulation.
    ``(e) Acceptance of Donations.--For purposes of carrying out this 
section, the Commission may solicit, accept, receive, hold, administer, 
and use gifts, devises, and bequests without any further approval or 
administrative action.
    ``(f) Annual Report.--
            ``(1) In general.--Each year, the Commission shall prepare, 
        submit to the Committee on Commerce, Science, and 
        Transportation and the Committee on Appropriations of the 
        Senate, the Committee on Natural Resources and the Committee on 
        Appropriations of the House of Representatives, and the Under 
        Secretary, and make available to the public a report 
        describing--
                    ``(A) the activities carried out by the Commission 
                during the preceding year; and
                    ``(B) the progress 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 within the Northwest 
                Straits region.
                    ``(B) Protection and restoration of marine 
                resources populations to healthy, sustainable levels.
                    ``(C) Improvement of the water quality of the 
                Northwest Straits region.
                    ``(D) Collection of high-quality data and promotion 
                of the use and dissemination of such data for the 
                purposes of ecosystem monitoring.
                    ``(E) Promotion of stewardship and understanding of 
                marine resources of the Northwest Straits region 
                through education and outreach, including by targeted 
                outreach to underresourced communities.

``SEC. 407. FUNDING.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary to carry out this title, including 
to be made available to the Commission to carry out the duties of the 
Commission under this title--
            ``(1) $10,000,000 for each of the first 6 fiscal years in 
        which funds are appropriated to carry out this section; and
            ``(2) such sums as may be necessary for each fiscal year 
        after the 6 fiscal years described in paragraph (1).
    ``(b) Assistance.--
            ``(1) In general.--The Under Secretary may, from amounts 
        made available to the Under Secretary to carry out this title, 
        provide assistance to the Commission in carrying out the duties 
        of the Commission under this title.
            ``(2) Provision.--The Under Secretary may provide the 
        assistance described in paragraph (1), and make available 
        amounts to the Commission to carry out the duties of the 
        Commission, through a contract with the Director of the Padilla 
        Bay National Estuarine Research Reserve, unless the Governor of 
        the State of Washington objects. If such Governor so objects, 
        the Under Secretary may provide such assistance and make 
        available such amounts to the Commission.''.
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