[House Report 111-354]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-354

======================================================================



 
NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE REAUTHORIZATION ACT OF 
                                  2009

                                _______
                                

December 7, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1672]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1672) to reauthorize the Northwest Straits Marine 
Conservation Initiative Act to promote the protection of the 
resources of the Northwest Straits, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 and 404;
          (3) by redesignating section 405 as section 410; and
          (4) by inserting after section 402 the following new 
        sections:

``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, acting through 
        the Under Secretary for Oceans and Atmosphere and in 
        consultation with the Director of the Commission appointed 
        under section 407(a), 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; and
                  ``(B) to attend meetings and other events of the 
                Commission as a nonvoting participant.
          ``(2) Limitation.--Service of an employee as an appointee 
        under paragraph (1)--
                  ``(A) shall be limited to 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 affected by this title 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 affected by this title 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 affected by this title, 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 Indian tribes affected by this 
        title 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 affected by this title.
  ``(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, 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 subparagraphs (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 affected by this title, 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 State of Washington Department of Ecology, or his or her 
designee, 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.''.

                          Purpose of the Bill

    The purpose of H.R. 1672 is to reauthorize the Northwest 
Straits Marine Conservation Initiative Act to promote the 
protection of the resources of the Northwest Straits, and for 
other purposes.

                  Background and Need for Legislation

    The State of Washington's Northwest Straits encompasses the 
U.S. marine waters of the Strait of Juan de Fuca, the San Juan 
Islands and northern Puget Sound, and includes critical 
commercial, environmental, and cultural resources. The region 
makes up nearly 60% of Puget Sound's total shoreline, provides 
a critical seaway to the major ports of Tacoma, Seattle, and 
Vancouver, British Columbia, includes seven counties and 15 
tribes, and supports culturally-significant species, such as 
numerous Pacific salmon runs and three pods of resident orca 
whales.
    In the mid-1980s, Congress recognized that ongoing regional 
environmental degradation, including impaired water quality and 
the collapse of harvestable marine species, required action and 
authorized a study of the Northwest Straits region for 
potential inclusion in the National Marine Sanctuary Program. 
The sanctuary proposal met with stiff resistance from local and 
regional interests who were concerned that it would be 
administered in a top-down fashion. In 1994, all seven counties 
voiced strong opposition to the sanctuary proposal, and the 
designation process was terminated administratively in 1996.
    In 1997, a blue-ribbon commission was convened at the 
request of U.S. Senator Patty Murray (D-WA) and then-U.S. 
Representative Jack Metcalf (R-WA) to explore citizen-based 
management strategies that could restore and protect the 
Northwest Straits within the existing state and federal 
regulatory framework. In 1998, the Murray-Metcalf Report was 
released and provided recommendations for a new grassroots, 
consensus-building approach to marine management.
    Congress responded by authorizing the Northwest Straits 
Marine Conservation Initiative (Initiative) in Title IV of 
Public Law 105-384. The law established the Northwest Straits 
Advisory Commission (Commission) to collect marine resource 
data, coordinate federal, state, and local protection and 
restoration activities, and carry out the recommendations of 
the Murray-Metcalf Report. One of these recommendations 
included establishing a network of local, county-based Marine 
Resources Committees (MRCs), linking citizen-based approaches 
to marine management within the broader Commission. MRCs submit 
their data and priority project proposals to the Commission, 
which coordinates efforts at an ecosystem-level; provides 
funding and technical assistance to MRCs; and directs 
protection and restoration activities within the framework of 
the existing local, state, and federal authorities.
    In 2004, the Initiative's authorization expired. The 
Commission currently operates without formal congressional 
authorization or statutory nexus to any federal marine 
conservation program. The Northwest Straits Evaluation Panel 
completed a mandatory program review in 2004 and recommended 
Congressional reauthorization for 8-10 years, increased federal 
funding to $1.6 million, and pilot replication of this model in 
other areas. Since 2005, the Initiative has been funded 
annually through the Commerce-Justice-Science Appropriations 
bills and the National Marine Sanctuary Program.
    In 2009, the Commission received a total of $6.2 million in 
funding--$1.6 million in annual appropriations to administer 
their ongoing projects and an additional $4.6 million in 
economic stimulus funds from the American Recovery and 
Reinvestment Act of 2009 to implement their Derelict Fishing 
Net Program. This program will remove an estimated 3000 nets 
from the seafloor and restore 645 acres of marine habitat in 
the Northwest Straits.

                            Committee Action

    H.R. 1672 was introduced on March 23, 2009 by 
Representative Rick Larsen (D-WA). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Insular Affairs, Oceans and Wildlife. On 
October 20, 2009, the Subcommittee held a hearing where 
witnesses from the Administration and the Commission testified 
in support of the legislation, though some changes were 
recommended.
    On November 18, 2009, the Subcommittee was discharged from 
the further consideration of H.R. 1672 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairwoman Madeleine Bordallo (D-GU) offered an amendment in 
the nature of a substitute that specified the Commission would 
receive financial and administrative support through the 
Washington State Department of Ecology; made clear the role of 
the liaison between the National Oceanic and Atmospheric 
Administration and the Commission; and made additional 
technical and clarifying changes. The amendment was adopted by 
unanimous consent. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Northwest Straits Marine Conservation Initiative 
Reauthorization Act of 2009''.

Section 2. Reauthorization of Northwest Straits Marine Conservation 
        Initiative Act

    Section 2 amends the Northwest Straits Marine Conservation 
Initiative Act (Public Law 105-384, Title IV) by making 
clarifying changes to section 402 of that Act, striking 
existing sections 403 and 404, re-designating section 405 as 
section 410, and inserting new sections 403 through 409.
    In the new Section 403, Congress finds that the Northwest 
Straits are unique and valuable resources which have been 
degraded and are facing new threats from climate change. 
Congress further finds that the Northwest Straits Marine 
Conservation Initiative creates a mechanism for grassroots 
conservation and assists the National Oceanic and Atmospheric 
Administration with their marine mission.
    The new Section 404 defines terms that appear in the Act.
    The new Section 405 establishes the membership, the 
chairperson, the meeting frequency, and the liaison of the 
Commission.
    The new Section 406 establishes the goals and duties of the 
Commission. It provides that the goal of the Commission is to 
achieve ecosystem health and sustainable resource use in the 
Northwest Straits by initiating projects that are based on 
science and local priorities; building awareness and 
stewardship; maintaining and expanding diverse membership and 
partners, including tribes; and recognizing economic and social 
benefits derived from sustainable marine resources. The duties 
of the Commission established in this section are to provide 
resources and technical support for the MRCs; develop programs 
to monitor the overall ecosystem health of the Northwest 
Straits; identify factors adversely affecting or preventing 
restoration; develop scientifically sound restoration and 
protection recommendations; assist in carrying out such 
recommendations, including regional projects; serve as a public 
forum for policy discussion; inform appropriate authorities and 
local communities; and consult with tribes on tribal treaty 
rights. The Commission must submit a report to Congress on its 
activities and the progress made toward benchmarks of 
protection and restoration of marine, coastal, and nearshore 
habitats, populations, and water quality; achievement of a net 
gain of healthy habitat areas; collection of high-quality data; 
and promotion of stewardship. This section also clarifies that 
the Commission has no regulatory authority.
    The new Section 407 establishes a Director and staff for 
the Commission. It provides that administrative services to the 
Commission are provided through the State of Washington 
Department of Ecology.
    The new Section 408 establishes MRCs, their membership, and 
a chairperson for each of the seven counties surrounding the 
Northwest Straits. The duties of the MRCs are to assist in 
assessment of marine resource problems; identify local needs 
and strategies for recovery of Puget Sound salmon and other 
endangered species; enhance the monitoring program, identify 
local priorities; collaborate with county leadership; 
coordinate with the Commission; and educate the public on the 
relationship between healthy marine habitats and human 
activities.
    The new Section 409 establishes the nonprofit Northwest 
Straits Marine Conservation Foundation to generate funding and 
support for the Commission and MRCs.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize the Northwest Straits 
Marine Conservation Initiative Act to promote the protection of 
the resources of the Northwest Straits, and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1672--Northwest Straits Marine Conservation Initiative 
        Reauthorization Act of 2009

    H.R. 1672 would reauthorize the Northwest Straits Marine 
Conservation Initiative Act and codify aspects of the 
initiative, including the composition and goals of the 
Northwest Straits Advisory Commission. The bill also would 
require the Commission to submit an annual report to the 
Congress. Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 1672 would cost $2 million a 
year over the 2010-2014 period. Enacting the bill would not 
affect direct spending or revenues.
    The Northwest Straits Initiative is an intergovernmental 
partnership that restores and protects marine resources along 
the northwest coast of Washington state. The initiative is led 
by the Northwest Straits Advisory Commission, composed of 
federal, state, and county representatives who provide 
resources and support to county governments working to achieve 
the initiative's goals.
    Congressional authorization for the Northwest Straits 
Initiative expired in 2004. In fiscal years 2004 through 2009, 
the initiative received appropriations ranging from $1 million 
to $2 million annually, including $1.6 million in fiscal year 
2009. It has not yet received a full-year appropriation for 
2010.
    H.R. 1672 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1672 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE ACT

           *       *       *       *       *       *       *



SEC. 402. ESTABLISHMENT.

  There is established a commission to be known as the 
Northwest Straits Advisory Commission [(in this title referred 
to as the ``Commission'')].

[SEC. 403. ORGANIZATION AND OPERATION.

  [The Commission shall be organized and operated in accordance 
with the provisions of the Northwest Straits Citizen's Advisory 
Commission Report of August 20, 1998, on file with the 
Secretary of Commerce (in this title referred to as the 
``Report'').

[SEC. 404. FUNDING.

  [(a) In General.--The Secretary of Commerce may, from amounts 
available to the Secretary to carry out the work of the 
Commission, provide assistance for use in accordance with the 
Report and the priorities of the Commission--
          [(1) to collect marine resources data in the 
        Northwest Straits;
          [(2) to coordinate Federal, State, and local marine 
        resources protection and restoration activities in the 
        Northwest Straits; and
          [(3) to carry out other activities identified in the 
        Report as important to the protection and restoration 
        of marine resources in the Northwest Straits.
  [(b) Provision.--The Secretary may provide the assistance 
authorized by subsection (a) through the Director of the 
Padilla Bay National Estuarine Research Reserve, unless the 
Governor of the State of Washington objects. If the Governor 
objects, then the Secretary may provide the assistance though 
the Administrator of the National Oceanic and Atmospheric 
Administration.]

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, acting 
        through the Under Secretary for Oceans and Atmosphere 
        and in consultation with the Director of the Commission 
        appointed under section 407(a), 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; and
                  (B) to attend meetings and other events of 
                the Commission as a nonvoting participant.
          (2) Limitation.--Service of an employee as an 
        appointee under paragraph (1)--
                  (A) shall be limited to 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 affected by this title 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 affected by this title 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 affected by this title, 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 Indian tribes affected by 
        this title 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 affected by this 
title.
  (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, 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 subparagraphs (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 affected by this title, 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 State of Washington Department of Ecology, or 
his or her designee, 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. [405] 410. LIMITATION.

  Nothing in this title provides the Commission with the 
authority to implement any Federal law or regulation.

                                  
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