[Congressional Record Volume 155, Number 49 (Monday, March 23, 2009)]
[Senate]
[Pages S3614-S3616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY (for herself and Ms. Cantwell):
  S. 668. 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; to the Committee on 
Commerce, Science, and Transportation.

[[Page S3615]]

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 668

       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 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) in section 402, by striking ``(in this title referred 
     to as the `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.--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--
       ``(1) to serve as a liaison among the Commission and the 
     Department of Commerce; and
       ``(2) to attend meetings and other events of the Commission 
     as a nonvoting participant.

     ``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

[[Page S3616]]

     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.''.
                                 ______