[House Report 112-584]
[From the U.S. Government Publishing Office]
112th Congress Rept. 112-584
HOUSE OF REPRESENTATIVES
2d Session Part 2
======================================================================
MARINE DEBRIS ACT AMENDMENTS OF 2012
_______
July 17, 2012.--Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
_______
Mr. Mica, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1171]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1171) to reauthorize and amend the
Marine Debris Research, Prevention, and Reduction Act, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of the Legislation and Summary........................... 3
Background and Need for the Legislation.......................... 3
Hearings......................................................... 4
Legislative History and Committee Consideration.................. 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 7
Advisory of Earmarks............................................. 7
Federal Mandates Statement....................................... 7
Preemption Clarification......................................... 7
Advisory Committee Statement..................................... 7
Applicability to the Legislative Branch.......................... 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
Additional Views................................................. 18
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 ``Marine Debris Act Amendments of
2012''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment is expressed as an amendment to a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Marine Debris Research, Prevention, and Reduction Act
(33 U.S.C. 1951 et seq.), as in effect immediately before the enactment
of this Act.
SEC. 3. SHORT TITLE AMENDMENT.
Section 1 (33 U.S.C. 1951 note) is amended by striking ``Research,
Prevention, and Reduction''.
SEC. 4. PURPOSE.
Section 2 (33 U.S.C. 1951) is amended to read as follows:
``SEC. 2. PURPOSE.
``The purpose of this Act is to address the adverse impacts of marine
debris on the United States economy, the marine environment, and
navigation safety through identification, determination of sources,
assessment, prevention, reduction, and removal of marine debris.''.
SEC. 5. NOAA MARINE DEBRIS PROGRAM.
(a) Name of Program.--
(1) In general.--Section 3 (33 U.S.C. 1952) is amended--
(A) in the section heading by striking ``prevention
and removal''; and
(B) in subsection (a)--
(i) by striking ``Prevention and Removal
Program to reduce and prevent'' and inserting
``Program to identify, determine sources of,
assess, prevent, reduce, and remove''; and
(ii) by inserting ``the economy of the United
States,'' after ``marine debris on''; and
(iii) by inserting a comma after
``environment''.
(2) Conforming amendment.--Paragraph (7) of section 7 (33
U.S.C. 1956) is amended by striking ``Prevention and Removal''.
(b) Program Components.--Section 3(b) (33 U.S.C. 1952(b)) is amended
to read as follows:
``(b) Program Components.--The Administrator, acting through the
Program and subject to the availability of appropriations, shall--
``(1) identify, determine sources of, assess, prevent,
reduce, and remove marine debris, with a focus on marine debris
posing a threat to living marine resources and navigation
safety;
``(2) provide national and regional coordination to assist
States, Indian tribes, and regional organizations in
identification, determination of sources, assessment,
prevention, reduction, and removal of marine debris;
``(3) undertake efforts to reduce adverse impacts of lost and
discarded fishing gear on living marine resources and
navigation safety, including--
``(A) research and development of alternatives to
gear posing threats to the marine environment, and
methods for marking gear used in specific fisheries to
enhance the tracking, recovery, and identification of
lost and discarded gear; and
``(B) development of effective nonregulatory measures
and incentives to cooperatively reduce the volume of
lost and discarded fishing gear and to aid in its
recovery; and
``(4) undertake outreach and education of the public and
other stakeholders on sources of marine debris, threats
associated with marine debris, and approaches to identify,
determine sources of, assess, prevent, reduce, and remove
marine debris and its adverse impacts on the United States
economy, the marine environment, and navigational safety,
including outreach and education activities through public-
private initiatives.''.
(c) Repeal.--Section 2204 of the Marine Plastic Pollution Research
and Control Act of 1987 and the item relating to that section in the
table of contents contained in section 2 of the United States-Japan
Fishery Agreement Approval Act of 1987 (33 U.S.C. 1915) are repealed.
(d) Grant Criteria and Guidelines.--Section 3(c) (33 U.S.C. 1952(c))
is amended--
(1) in paragraph (1), by striking ``section 2(1)'' and
inserting ``section 2'';
(2) by repealing paragraph (5); and
(3) by redesignating paragraphs (6) and (7) as paragraphs (5)
and (6).
SEC. 6. REPEAL OF OBSOLETE PROVISIONS.
Section 4 (33 U.S.C. 1953) is amended--
(1) by striking ``(a) Strategy.--''; and
(2) by repealing subsections (b) and (c).
SEC. 7. AMENDMENTS TO DEFINITIONS.
(a) Interagency Marine Debris Coordinating Committee.--
(1) In general.--Except as provided in subsection (b),
section 2203 of the Marine Plastic Pollution Research and
Control Act of 1987 (33 U.S.C. 1914) is redesignated and moved
to replace and appear as section 5 of the Marine Debris
Research, Prevention, and Reduction Act (33 U.S.C. 1954).
(2) Clerical amendment.--The item relating to section 2203 in
the table of contents contained in section 2 of the United
States-Japan Fishery Agreement Approval Act of 1987 is
repealed.
(b) Biennial Progress Reports.--Section 5(c)(2) (33 U.S.C.
1954(c)(2)), as in effect immediately before the enactment of this
Act--
(1) is redesignated as subsection (e) of section 5, as
redesignated and moved by the amendment made by subsection (a)
of this section; and
(2) is amended--
(A) by striking ``Annual progress reports.--'' and
all that follows through ``thereafter'' and inserting
``Biennial Progress Reports.--Bienially'';
(B) by inserting ``Natural'' before ``Resources'';
(C) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5) of such subsection; and
(D) by moving such subsection 2 ems to the left.
SEC. 8. CONFIDENTIALITY OF SUBMITTED INFORMATION.
Section 6(2) (33 U.S.C. 1955(2)) is amended by striking ``by the
fishing industry''.
SEC. 9. MARINE DEBRIS DEFINITION.
Section 7 (33 U.S.C. 1956) is amended--
(1) by redesignating paragraph (3) as paragraph (9), and
moving such paragraph to appear after paragraph (8); and
(2) by inserting after paragraph (2) the following:
``(3) Marine debris.--The term `marine debris' means any
persistent solid material that is manufactured or processed and
directly or indirectly, and intentionally or unintentionally,
disposed of or abandoned into the marine environment or the
Great Lakes.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 9 (33 U.S.C. 1958) is amended--
(1) by striking ``are'' and inserting ``is'';
(2) by striking ``2006 through 2010'' and all that follows
through ``(1)'' and inserting ``through fiscal year 2015'';
(3) in paragraph (1), by striking ``$10,000,000'' and
inserting ``$4,900,000''; and
(4) by striking ``; and'' and all that follows through the
end of paragraph (2) and inserting a period.
Purpose of the Legislation and Summary
H.R. 1171, the Marine Debris Act Amendments of 2012, makes
several improvements to the Marine Debris Research, Prevention,
and Reduction Act (Public Law 109-449) and authorizes the
National Oceanic and Atmospheric Administration's (NOAA) Marine
Debris Program at currently appropriated levels through fiscal
year 2015.
Background and Need for Legislation
The Marine Debris Research, Prevention, and Reduction Act
(the Act) (Public Law 109-449), was signed into law on December
22, 2006. The Act authorized $10 million annually through
fiscal year 2010 for NOAA to implement a program to map,
identify, and conduct impact assessments of marine debris;
undertake activities to remove and prevent marine debris;
conduct public outreach activities to increase awareness of
problems associated with marine debris; as well as research and
develop alternatives to fishing gear which can pose threats to
the marine environment when discarded or lost. The Act also
authorized $2 million annually through fiscal year 2010 for the
Coast Guard to carry out enforcement of MARPOL Annex 5, which
prohibits the at-sea discharge of plastic and trash from
vessels. Finally, the Act authorized the Coast Guard to take
action to improve international coordination and set up a
voluntary program to report locations of marine debris and the
hazards it may present to navigation.
Marine Debris is currently defined for the purpose of the
Marine Debris Research, Prevention, and Reduction Act as ``any
persistent solid material that is manufactured or processed and
directly or indirectly, intentionally or unintentionally,
disposed of or abandoned into the marine environment or the
Great Lakes.'' Marine debris poses a threat to the environment
and to the safety of those transiting our nation's waters.
Plastic items, ropes, and other objects can ensnare, maim, and
cause starvation if ingested by wildlife. These items can also
entangle boat propellers and clog water intakes on vessels and
at industrial facilities. Larger pieces of marine debris,
including abandoned vessels, derelict fishing gear, and lost
cargo containers and their contents, can crush coral and other
wildlife and pose a threat to safe navigation.
Marine debris impacts the economy as well. The maritime
sector suffers lost productivity when marine debris threatens
safe navigation or causes damage to vessels. Commercial
fishermen lose millions annually due to derelict fishing gear.
Marine debris that washes up on our nation's shorelines can
cause beach closures, which cost local tourist-based economies
billions annually.
H.R. 1171 makes several amendments to the Marine Debris
Research, Prevention, and Reduction Act which will improve
implementation of NOAA's Marine Debris Program. The bill
clarifies the purpose of NOAA's Marine Debris Program, improves
reporting requirements, and makes other technical and
clarifying changes which will enhance NOAA's ability to combat
marine debris.
Hearings
On July 16, 2011, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing on ``How to Improve
Operations and Implement Efficiencies for the United States
Coast Guard.'' H.R. 1171 was among the topics discussed at the
hearing.
Legislative History and Committee Consideration
On March 17, 2011, Representative Farr introduced H.R.
1171, the Marine Debris Act Reauthorization Amendments of 2011.
On June 7, 2012, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 1171, and
ordered the bill, as amended, reported favorably to the House
of Representatives by voice vote with a quorum present.
Amendments were offered by Mr. LoBiondo and Mr. Larsen. Mr.
LoBiondo offered a substitute amendment that authorized funding
for NOAA's Marine Debris Program at fiscal year 2012
appropriated levels through fiscal year 2015 and made other
technical and clarifying changes to the bill. Mr. Larsen
offered an amendment to the LoBiondo substitute amendment to
increase the level of authorized funding to $10 million for
each fiscal year through fiscal year 2015. The Larsen amendment
to the amendment failed on voice vote. The LoBiondo substitute
amendment passed by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each recorded vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. During
consideration of H.R. 1171, no recorded votes were taken. The
bill, as amended, was reported favorably to the House of
Representatives by voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee on Transportation and
Infrastructure's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974, included below.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for H.R. 1171 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 19, 2012.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1171, the Marine
Debris Act Amendments of 2012.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1171--Marine Debris Act Amendments of 2012
Summary: H.R. 1171 would reauthorize and amend the Marine
Debris Research, Prevention, and Reduction Act. The bill would
authorize the appropriation of $4.9 million annually through
2015 for the National Oceanic and Atmospheric Administration
(NOAA) to carry out activities to reduce the amount of marine
debris (such as plastic and lost fishing gear) in oceans and
coastal areas.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing the legislation would cost $15
million over the 2013-2017 period. Enacting H.R. 1171 would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 1171 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1171 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 5 5 5 0 0 15
Estimated Outlays....................................... 3 4 5 2 1 15
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
1171 will be enacted before the end of 2012 and that the
authorized amounts will be appropriated for each fiscal year.
Estimated outlays are based on historical spending patterns for
similar NOAA activities.
H.R. 1171 would authorize the appropriation of $4.9 million
a year through 2015 for NOAA to carry out the Marine Debris
Program. In 2011, NOAA spent about $4 million to carry out
activities related to the program. Assuming appropriation of
the authorized amounts, CBO estimates that implementing the
legislation would cost about $15 million over the 2013-2017
period.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 1171
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimates: On November 21, 2011, CBO
transmitted a cost estimate for S. 1119, the Trash Free Seas
Act of 2011, as ordered reported by the Senate Committee on
Commerce, Science, and Transportation on November 2, 2011. S.
1119 would authorize the appropriation of $12 million a year
over the 2012-2016 period for NOAA and the U.S. Coast Guard to
carry out activities related to the Marine Debris Program. H.R.
1171 would authorize the appropriation of $4.9 million a year
through 2015 for NOAA to carry out activities related to that
program. The CBO cost estimates for the two bills reflect those
differences.
On June 19, 2012, CBO transmitted a cost estimate for H.R.
1171 as ordered reported by the House Committee on Natural
Resources on June 7, 2012. The two versions of H.R. 1171 are
similar and the CBO cost estimates are the same.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Melissa Merrell; Impact
on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
address the adverse impacts of marine debris on the United
States economy, the marine environment, and navigation safety.
Advisory of Earmarks
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1171 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 1171 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title
``Marine Debris Act of 2012''.
Section 2. References
Section 2 clarifies that all amendments included in the
bill are intended to amend the Marine Debris Research,
Prevention, and Reduction Act (Public Law 109-449).
Section 3. Short title amendment
Section 3 amends the title of the ``Marine Debris Research,
Prevention, and Reduction Act'' to the ``Marine Debris Act''.
Section 4. Purpose
Section 4 clarifies the purpose of the ``Marine Debris
Act''.
Section 5. NOAA Marine Debris Program
Section 5 makes clarifying changes to NOAA's Marine Debris
Program and repeals a similar program which was created in
1987, but never received funding.
Section 6. Repeal of obsolete provision
Section 6 repeals a reporting requirement for the Coast
Guard regarding the implementation of MARPOL Annex V. The
report was completed and submitted to Congress.
Section 7. Amendments to definitions
Section 7 incorporates existing authority for the
Interagency Marine Debris Coordinating Committee (IMDCC) into
the Marine Debris Act. The section also streamlines reporting
requirements for the IMDCC.
Section 8. Confidentiality of submitted information
Section 8 ensures the confidentiality of information
provided to the Administrator of NOAA for the purposes of
maintaining the Federal information clearinghouse on marine
debris. Currently, the assurance of confidentiality applies
only to data provided by the fishing industry. This provision
assures confidentiality of all data provided not only by the
fishing industry, but also by any other industry or trade
association.
Section 9. Marine debris definition
Section 9 incorporates the regulatory definition of marine
debris into law. In 2006, Congress directed NOAA to prepare
this definition.
Section 10. Authorization of appropriations
Section 10 authorizes appropriations for NOAA's Marine
Debris Program at $4.9 million for each fiscal year through
fiscal year 2015. $4.9 million is the fiscal year 2012
appropriated level.
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):
MARINE DEBRIS RESEARCH, PREVENTION, AND REDUCTION ACT
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Debris [Research,
Prevention, and Reduction] Act''.
[SEC. 2. PURPOSES.
[The purposes of this Act are--
[(1) to help identify, determine sources of, assess,
reduce, and prevent marine debris and its adverse
impacts on the marine environment and navigation
safety;
[(2) to reactivate the Interagency Marine Debris
Coordinating Committee; and
[(3) to develop a Federal marine debris information
clearinghouse.]
SEC. 2. PURPOSE.
The purpose of this Act is to address the adverse impacts of
marine debris on the United States economy, the marine
environment, and navigation safety through identification,
determination of sources, assessment, prevention, reduction,
and removal of marine debris.
SEC. 3. NOAA MARINE DEBRIS [PREVENTION AND REMOVAL] PROGRAM.
(a) Establishment of Program.--There is established, within
the National Oceanic and Atmospheric Administration, a Marine
Debris [Prevention and Removal Program to reduce and prevent]
Program to identify, determine sources of, assess, prevent,
reduce, and remove the occurrence and adverse impacts of marine
debris on the economy of the United States, the marine
environment, and navigation safety.
[(b) Program Components.--The Administrator, acting through
the Program and subject to the availability of appropriations,
shall carry out the following activities:
[(1) Mapping, identification, impact assessment,
removal, and prevention.--The Administrator shall, in
consultation with relevant Federal agencies, undertake
marine debris mapping, identification, impact
assessment, prevention, and removal efforts, with a
focus on marine debris posing a threat to living marine
resources and navigation safety, including--
[(A) the establishment of a process, building
on existing information sources maintained by
Federal agencies such as the Environmental
Protection Agency and the Coast Guard, for
cataloguing and maintaining an inventory of
marine debris and its impacts found in the
navigable waters of the United States and the
United States exclusive economic zone,
including location, material, size, age, and
origin, and impacts on habitat, living marine
resources, human health, and navigation safety;
[(B) measures to identify the origin,
location, and projected movement of marine
debris within United States navigable waters,
the United States exclusive economic zone, and
the high seas, including the use of
oceanographic, atmospheric, satellite, and
remote sensing data; and
[(C) development and implementation of
strategies, methods, priorities, and a plan for
preventing and removing marine debris from
United States navigable waters and within the
United States exclusive economic zone,
including development of local or regional
protocols for removal of derelict fishing gear
and other marine debris.
[(2) Reducing and preventing loss of gear.--The
Administrator shall improve efforts to reduce adverse
impacts of lost and discarded fishing gear on living
marine resources and navigation safety, including--
[(A) research and development of alternatives
to gear posing threats to the marine
environment, and methods for marking gear used
in specific fisheries to enhance the tracking,
recovery, and identification of lost and
discarded gear; and
[(B) development of effective nonregulatory
measures and incentives to cooperatively reduce
the volume of lost and discarded fishing gear
and to aid in its recovery.
[(3) Outreach.--The Administrator shall undertake
outreach and education of the public and other
stakeholders, such as the fishing industry, fishing
gear manufacturers, and other marine-dependent
industries, and the plastic and waste management
industries, on sources of marine debris, threats
associated with marine debris and approaches to
identify, determine sources of, assess, reduce, and
prevent marine debris and its adverse impacts on the
marine environment and navigational safety, including
outreach and education activities through public-
private initiatives. The Administrator shall coordinate
outreach and education activities under this paragraph
with any outreach programs conducted under section 2204
of the Marine Plastic Pollution Research and Control
Act of 1987 (33 U.S.C. 1915).]
(b) Program Components.--The Administrator, acting through
the Program and subject to the availability of appropriations,
shall--
(1) identify, determine sources of, assess, prevent,
reduce, and remove marine debris, with a focus on
marine debris posing a threat to living marine
resources and navigation safety;
(2) provide national and regional coordination to
assist States, Indian tribes, and regional
organizations in identification, determination of
sources, assessment, prevention, reduction, and removal
of marine debris;
(3) undertake efforts to reduce adverse impacts of
lost and discarded fishing gear on living marine
resources and navigation safety, including--
(A) research and development of alternatives
to gear posing threats to the marine
environment, and methods for marking gear used
in specific fisheries to enhance the tracking,
recovery, and identification of lost and
discarded gear; and
(B) development of effective nonregulatory
measures and incentives to cooperatively reduce
the volume of lost and discarded fishing gear
and to aid in its recovery; and
(4) undertake outreach and education of the public
and other stakeholders on sources of marine debris,
threats associated with marine debris, and approaches
to identify, determine sources of, assess, prevent,
reduce, and remove marine debris and its adverse
impacts on the United States economy, the marine
environment, and navigational safety, including
outreach and education activities through public-
private initiatives.
(c) Grants, Cooperative Agreements, and Contracts.--
(1) In general.--The Administrator, acting through
the Program, shall enter into cooperative agreements
and contracts and provide financial assistance in the
form of grants for projects to accomplish the purpose
set forth in [section 2(1)] section 2.
* * * * * * *
[(5) Grant criteria and guidelines.--Within 180 days
after the date of the enactment of this Act, the
Administrator shall promulgate necessary guidelines for
implementation of the grant program, including
development of criteria and priorities for grants. In
developing those guidelines, the Administrator shall
consult with--
[(A) the Interagency Committee;
[(B) regional fishery management councils
established under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801
et seq.);
[(C) State, regional, and local governmental
entities with marine debris experience;
[(D) marine-dependent industries; and
[(E) nongovernmental organizations involved
in marine debris research, prevention, or
removal activities.]
[(6)] (5) Project review and approval.--The
Administrator shall--
(A) * * *
* * * * * * *
[(7)] (6) Project reporting.--Each grantee under this
section shall provide periodic reports as required by
the Administrator. Each report shall include all
information required by the Administrator for
evaluating the progress and success in meeting its
stated goals, and impact of the grant activities on the
marine debris problem.
SEC. 4. COAST GUARD PROGRAM.
[(a) Strategy.--]The Commandant of the Coast Guard, in
consultation with the Interagency Committee, shall--
(1) * * *
* * * * * * *
[(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Commandant of the Coast Guard shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report evaluating the Coast Guard's progress
in implementing subsection (a).
[(c) External Evaluation and Recommendations on Annex V.--
[(1) In general.--The Commandant of the Coast Guard
shall enter into an arrangement with the National
Research Council under which the National Research
Council shall submit, by not later than 18 months after
the date of the enactment of this Act and in
consultation with the Commandant and the Interagency
Committee, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a comprehensive report on the
effectiveness of international and national measures to
prevent and reduce marine debris and its impact.
[(2) Contents.--The report required under paragraph
(1) shall include--
[(A) an evaluation of international and
domestic implementation of MARPOL Annex V and
the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) and recommendations of
cost-effective actions to improve
implementation and compliance with such
measures to reduce impacts of marine debris;
[(B) recommendation of additional Federal or
international actions, including changes to
international and domestic law or regulations,
needed to further reduce the impacts of marine
debris; and
[(C) evaluation of the role of floating fish
aggregation devices in the generation of marine
debris and existing legal mechanisms to reduce
impacts of such debris, focusing on impacts in
the Western Pacific and Central Pacific
regions.]
* * * * * * *
[SEC. 5. INTERAGENCY COORDINATION.
[(a) Interagency Marine Debris Coordinating Committee.--
Section 2203 of the Marine Plastic Pollution Research and
Control Act of 1987 (33 U.S.C. 1914) is amended--
[(1) by striking subsection (a) and inserting the
following:
[``(a) Establishment of Interagency Marine Debris
Coordinating Committee.--There is established an Interagency
Marine Debris Coordinating Committee to coordinate a
comprehensive program of marine debris research and activities
among Federal agencies, in cooperation and coordination with
non-governmental organizations, industry, universities, and
research institutions, States, Indian tribes, and other
nations, as appropriate.''; and
[(2) in subsection (c), by inserting ``public,
interagency'' before ``forum''.
[(b) Definition of Marine Debris.--The Administrator and the
Commandant of the Coast Guard, in consultation with the
Interagency Committee established under subsection (a), shall
jointly develop and promulgate through regulations a definition
of the term ``marine debris'' for purposes of this Act.
[(c) Reports.--
[(1) Interagency report on marine debris impacts and
strategies.--
[(A) In general.--Not later than 12 months
after the date of the enactment of this Act,
the Interagency Committee, through the
chairperson, shall complete and submit to the
Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Transportation and Infrastructure and the
Committee on Resources of the House of
Representatives a report that--
[(i) identifies sources of marine
debris;
[(ii) the ecological and economic
impact of marine debris;
[(iii) alternatives for reducing,
mitigating, preventing, and controlling
the harmful affects of marine debris;
[(iv) the social and economic costs
and benefits of such alternatives; and
[(v) recommendations to reduce marine
debris both domestically and
internationally.
[(B) Recommendations.--The report shall
provide strategies and recommendations on--
[(i) establishing priority areas for
action to address leading problems
relating to marine debris;
[(ii) developing strategies and
approaches to prevent, reduce, remove,
and dispose of marine debris, including
through private-public partnerships;
[(iii) establishing effective and
coordinated education and outreach
activities; and
[(iv) ensuring Federal cooperation
with, and assistance to, the coastal
States (as that term is defined in
section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C.
1453)), Indian tribes, and local
governments in the identification,
determination of sources, prevention,
reduction, management, mitigation, and
control of marine debris and its
adverse impacts.
[(2) Annual progress reports.--Not later than 3 years
after the date of the enactment of this Act, and
biennially thereafter, the Interagency Committee,
through the chairperson, shall submit to the Committee
on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure
and the Committee on Resources of the House of
Representatives a report that evaluates United States
and international progress in meeting the purpose of
this Act. The report shall include--
[(A) the status of implementation of any
recommendations and strategies of the
Interagency Committee and analysis of their
effectiveness;
[(B) a summary of the marine debris inventory
to be maintained by the National Oceanic and
Atmospheric Administration;
[(C) a review of the National Oceanic and
Atmospheric Administration program authorized
by section 3, including projects funded and
accomplishments relating to reduction and
prevention of marine debris;
[(D) a review of Coast Guard programs and
accomplishments relating to marine debris
removal, including enforcement and compliance
with MARPOL requirements; and
[(E) estimated Federal and non-Federal
funding provided for marine debris and
recommendations for priority funding needs.]
SEC. 5. COORDINATION.
(a) Establishment of Interagency Marine Debris Coordinating
Committee.--There is established an Interagency Marine Debris
Coordinating Committee to coordinate a comprehensive program of
marine debris research and activities among Federal agencies,
in cooperation and coordination with non-governmental
organizations, industry, universities, and research
institutions, States, Indian tribes, and other nations, as
appropriate.
(b) Membership.--The Committee shall include a senior
official from--
(1) the National Oceanic and Atmospheric
Administration, who shall serve as the Chairperson of
the Committee;
(2) the Environmental Protection Agency;
(3) the United States Coast Guard;
(4) the United States Navy; and
(5) such other Federal agencies that have an interest
in ocean issues or water pollution prevention and
control as the Secretary of Commerce determines
appropriate.
(c) Meetings.--The Committee shall meet at least twice a year
to provide a public, interagency forum to ensure the
coordination of national and international research,
monitoring, education, and regulatory actions addressing the
persistent marine debris problem.
(d) Monitoring.--The Secretary of Commerce, acting through
the Administrator of the National Oceanic and Atmospheric
Administration, in cooperation with the Administrator of the
Environmental Protection Agency, shall utilize the marine
debris data derived under title V of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.)
to assist--
(1) the Committee in ensuring coordination of
research, monitoring, education and regulatory actions;
and
(2) the United States Coast Guard in assessing the
effectiveness of this Act and the Act to Prevent
Pollution from Ships in ensuring compliance under
section 2201.
[(2) Annual progress reports.--Not later than 3 years after
the date of the enactment of this Act, and biennially
thereafter] (e) Biennial Progress Reports.--Bienially, the
Interagency Committee, through the chairperson, shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Natural Resources of the House of
Representatives a report that evaluates United States and
international progress in meeting the purpose of this Act. The
report shall include--
[(A)] (1) the status of implementation of any
recommendations and strategies of the Interagency
Committee and analysis of their effectiveness;
[(B)] (2) a summary of the marine debris inventory to
be maintained by the National Oceanic and Atmospheric
Administration;
[(C)] (3) a review of the National Oceanic and
Atmospheric Administration program authorized by
section 3, including projects funded and
accomplishments relating to reduction and prevention of
marine debris;
[(D)] (4) a review of Coast Guard programs and
accomplishments relating to marine debris removal,
including enforcement and compliance with MARPOL
requirements; and
[(E)] (5) estimated Federal and non-Federal funding
provided for marine debris and recommendations for
priority funding needs.
SEC. 6. FEDERAL INFORMATION CLEARINGHOUSE.
The Administrator, in coordination with the Interagency
Committee, shall--
(1) * * *
(2) take the necessary steps to ensure the
confidentiality of such information (especially
proprietary information), for any information required
by the Administrator to be submitted [by the fishing
industry] under this section.
SEC. 7. DEFINITIONS.
In this Act:
(1) * * *
* * * * * * *
(3) Marine debris.--The term ``marine debris'' means
any persistent solid material that is manufactured or
processed and directly or indirectly, and intentionally
or unintentionally, disposed of or abandoned into the
marine environment or the Great Lakes.
* * * * * * *
(7) Program.--The term ``Program'' means the Marine
Debris [Prevention and Removal] Program established
under section 3.
* * * * * * *
[(3)] (9) United states exclusive economic zone.--The
term ``United States exclusive economic zone'' means
the zone established by Presidential Proclamation
Numbered 5030, dated March 10, 1983, including the
ocean waters of the areas referred to as ``eastern
special areas'' in article 3(1) of the Agreement
between the United States of America and the Union of
Soviet Socialist Republics on the Maritime Boundary,
signed June 1, 1990.
* * * * * * *
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There [are] is authorized to be appropriated for each fiscal
year [2006 through 2010--]
[(1)] through fiscal year 2015 to the Administrator
for carrying out sections 3 and 6, [$10,000,000]
$4,900,000, of which no more than 10 percent may be for
administrative costs[; and
[(2) to the Secretary of the Department in which the
Coast Guard is operating, for the use of the Commandant
of the Coast Guard in carrying out section 4,
$2,000,000, of which no more than 10 percent may be
used for administrative costs.].
----------
UNITED STATES-JAPAN FISHERY AGREEMENT APPROVAL ACT OF 1987MARINE
PLASTIC POLLUTION RESEARCH AND CONTROL ACT OF 1987
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
The contents of this Act are as follows:
* * * * * * *
TITLE II--PLASTIC POLLUTION RESEARCH AND CONTROL
Subtitle B--Studies and Report
* * * * * * *
[Sec. 2203. Effects of plastic materials on the marine environment.
[Sec. 2204. Plastic pollution public education program.]
* * * * * * *
TITLE II--PLASTIC POLLUTION RESEARCH AND CONTROL
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Marine Plastic Pollution
Research and Control Act of 1987''.
* * * * * * *
[SEC. 2203. COORDINATION.
[(a) Establishment of Interagency Marine Debris Coordinating
Committee.--There is established an Interagency Marine Debris
Coordinating Committee to coordinate a comprehensive program of
marine debris research and activities among Federal agencies,
in cooperation and coordination with non-governmental
organizations, industry, universities, and research
institutions, States, Indian tribes, and other nations, as
appropriate.
[(b) Membership.--The Committee shall include a senior
official from--
[(1) the National Oceanic and Atmospheric
Administration, who shall serve as the Chairperson of
the Committee;
[(2) the Environmental Protection Agency;
[(3) the United States Coast Guard;
[(4) the United States Navy; and
[(5) such other Federal agencies that have an
interest in ocean issues or water pollution prevention
and control as the Secretary of Commerce determines
appropriate.
[(c) Meetings.--The Committee shall meet at least twice a
year to provide a public, interagency forum to ensure the
coordination of national and international research,
monitoring, education, and regulatory actions addressing the
persistent marine debris problem.
[(d) Monitoring.--The Secretary of Commerce, acting through
the Administrator of the National Oceanic and Atmospheric
Administration, in cooperation with the Administrator of the
Environmental Protection Agency, shall utilize the marine
debris data derived under title V of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.)
to assist--
[(1) the Committee in ensuring coordination of
research, monitoring, education and regulatory actions;
and
[(2) the United States Coast Guard in assessing the
effectiveness of this Act and the Act to Prevent
Pollution from Ships in ensuring compliance under
section 2201.
[SEC. 2204. PLASTIC POLLUTION PUBLIC EDUCATION PROGRAM.
[(a) Outreach Program.--
[(1) In general.--Not later than April 1, 1988, the
Administrator of the National Oceanic and Atmospheric
Administration and the Administrator of the
Environmental Protection Agency, in consultation with
the Secretary of Transportation, shall jointly commence
and thereafter conduct a public outreach program to
educate the public (including recreational boaters,
fishermen, and other users of the marine environment)
regarding--
[(A) the harmful effects of plastic
pollution;
[(B) the need to reduce such pollution;
[(C) the need to recycle plastic materials;
[(D) the need to reduce the quantity of
plastic debris in the marine environment; and
[(E) the requirements under this Act and the Act to
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)
with respect to ships and ports, and the authority of
citizens to report violations of this Act and the Act
to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.).
[(2) Authorized activities.--
[(A) Public outreach program.--A public
outreach program under paragraph (1) may
include--
[(i) developing and implementing a
voluntary boaters' pledge program;
[(ii) workshops with interested
groups;
[(iii) public service announcements;
[(iv) distribution of leaflets and
posters; and
[(v) any other means appropriate to
educating the public.
[(B) Grants and cooperative agreements.--To
carry out this section, the Secretary of the
department in which the Coast Guard is
operating, the Secretary of Commerce, and the
Administrator of the Environmental Protection
Agency are authorized to award grants, enter
into cooperative agreements with appropriate
officials of other Federal agencies and
agencies of States and political subdivisions
of States and with public and private entities,
and provide other financial assistance to
eligible recipients.
[(C) Consultation.--In developing outreach
initiatives for groups that are subject to the
requirements of this title and the Act to
Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.), the Secretary of the department in which
the Coast Guard is operating, in consultation
with the Secretary of Commerce, acting through
the Administrator of the National Oceanic and
Atmospheric Administration, and the
Administrator of the Environmental Protection
Agency, shall consult with--
[(i) the heads of State agencies
responsible for implementing State
boating laws; and
[(ii) the heads of other enforcement
agencies that regulate boaters or
commercial fishermen.
[(b) Citizen Pollution Patrols.--The Secretary of Commerce,
along with the Administrator of the Environmental Protection
Agency and the Secretary of the Department in which the Coast
Guard is operating, shall conduct a program to encourage the
formation of volunteer groups, to be designated as ``Citizen
Pollution Patrols'', to assist in monitoring, reporting,
cleanup, and prevention of ocean and shoreline pollution.]
* * * * * * *
ADDITIONAL VIEWS
Marine debris, defined as any persistent solid material
that is manufactured or processed and directly or indirectly,
intentionally or unintentionally, disposed of or abandoned into
the marine environment or the Great Lakes, is an environmental
threat that is at once both ubiquitous in distribution yet
nebulous to the average citizen. This characterization can be
attributed to two simple factors. First, although no
comprehensive abundance assessment has been compiled, marine
debris can be found across every ocean and coastal region
worldwide. Second, because marine debris is widely dispersed,
impacts are felt locally and often escape the attention of
national or even regional media attention. As such, overall
public awareness of marine debris regarding its origins and
sources, economic and environmental impacts, and costs to
society remains poorly understood among the U.S. general
public.
From this perspective a person might begin to understand
the motives of the Republican majority who supported ill-
advised language included in the manager's amendment to H.R.
1171 to cut in one-half the authorized annual funding level to
support the National Oceanic and Atmospheric Administration's
Marine Debris Program to just $4.9 million. When Congress
passed the Marine Debris Research, Prevention, and Reduction
Act in 2006 (the Act), our comprehension of the scope, costs,
and impacts of marine debris was nascent. The authorized
funding level of $10 million was viewed as an appropriate
amount to stand up a new program and to build a firm foundation
to evaluate future needs to address the threat. There was no
debate that this funding level was a prudent first step.
Today, we have a much better understanding of marine
debris, its sources, persistence in the environment, and
negative impacts on wildlife and habitat, and the challenges
and costs in preventing its introduction to and subsequent
removal from the marine environment. Cumulatively, marine
debris adds up to a far greater challenge, affecting far more
communities, and costing much more to address than estimated
six years earlier. All of this information invalidates the
Republican majority's view that less funding should be
authorized; to the contrary, a compelling case can be made that
the existing authorized funding level is itself woefully
insufficient and only affirms that the Committee acted
imprudently to cut authorized funding levels.
First, we have learned that marine debris is a much larger
and growing problem than first thought. Since 2006, as required
under the Act, the National Oceanic and Atmospheric
Administration (NOAA), the Coast Guard, other Federal agencies,
and a wide range of domestic and international, government and
non-governmental partners have monitored, researched, and
tracked marine debris. Our knowledge and comprehension of the
scope of this threat has thus dramatically improved. A report
released in December 2011 by the Scientific and Technical
Advisory Panel to the U.N. Global Environment Facility affirms
that ``marine habitats worldwide are contaminated with man-made
debris'' and notes that ``emerging data on potential impacts
and fate of marine debris makes a strong case for considering
marine debris as a global environment problem.'' These
statements reflect the near unanimous consensus among marine
scientists. Moreover, we also know that we will assuredly
encounter far more, not far less, marine debris in the
foreseeable future. In fact, NOAA models predict that marine
debris 7 emanating from the 2011 Japanese tsunami--a volume
estimated by the Government of Japan to be 1.5 million tons--
will be washing up along the U.S. Pacific Coast for several
years.
Second, we have learned that marine debris is very costly,
both for the economy and environment. Impact data gathered in
the U.S. and abroad indicate that fishing, transportation, and
tourism sectors, as well as governments and local communities,
suffer from negative economic and financial impacts of marine
debris. Marine debris is unsightly and unwelcoming to
beachgoers, which can result in lost tourism revenue. This
impact has led Los Angeles County to spend $18 million annually
on debris removal, prevention, and education efforts. Overseas,
the Netherlands and Belgium spend approximately $13.65 million
per year to remove beach litter, roughly one-half of the $23.6
million spent annually in Great Britain. Marine debris is also
a significant ongoing navigational hazard for shipping, as
reflected in the increasing number of Coast Guard rescues to
vessels with fouled propellers or plugged water intakes. More
locally in Washington State, total annual loss of Dungeness
crab due to derelict fishing gear in Puget Sound has been
estimated at $1.2 million which represents 30 to 40 percent of
the annual commercial catch. NOAA also reports that derelict
gill nets removed from Puget Sound between 2004 and 2007 were
estimated to have killed commercial and recreational species
valued at approximately $1.06 million. These examples, while
just snapshots, clearly frame the economic and environmental
impacts caused by marine debris.
Third, we have learned that marine debris is very expensive
to clean up. The Northwest Straits Marine Conservation
Initiative in Washington State used a 2009 Federal grant of
$4.6 million to remove 2,493 derelict gill nets from Puget
Sound, at a cost of $1,845 per net. The Ocean Conservancy
reports that the average cost to clean up a ton of marine
debris washed up on a mainland beach ranges from $1,666 to
$2,500 per ton. In addition, the National Fish and Wildlife
Foundation reports that, since 2008, the Fishing for Energy
Program a waste to energy partnership--has disposed of more
than 700 tons of obsolete or derelict gear from high impact
port areas nationwide. This volume equates to removal costs
between $11.7 and $17.5 million for debris removed by this one
initiative alone. In remote areas, debris removal costs can
escalate dramatically. In testimony before a Senate
subcommittee earlier this year, a NOAA witness relayed that it
cost NOAA $1.2 million to remove just one 30-foot derelict
sailboat run aground on Kure Atoll within the Northwest
Hawaiian Islands. Furthermore, Gulf of Alaska Keeper, a public,
non-profit organization that coordinates marine debris removal
projects in Alaska, has recommended Congress appropriate no
less than $50 million to assist Alaskan communities dealing
with the removal of Japanese tsunami debris. California,
Oregon, Washington and Hawaii are presently developing their
own plans and funding requests to deal with this debris that
will continue to be a persistent threat for years to come.
In closing, all factors affirm that marine debris is a
global problem with costly impacts that are expensive to
address. More, not fewer, communities and marine dependent
industries will have to cope with marine debris, especially
communities located on the Pacific Coast. Yet, contrary to the
evidence, the Republican majority has chosen to cut funding to
support the one Federal program devoted exclusively to
providing invaluable financial and technical assistance to
local communities to address this threat. We have abdicated our
responsibility to recommend funding levels that are
commensurate with the demonstrated need in favor of the
Republican ideology to cut Federal spending regardless of the
circumstances. As a result, States and communities will see far
fewer resources available to remove marine debris and will have
to endure the brunt of the impact alone. This is unfortunate,
and should this bill go forward to a conference with the
Senate, these cuts should be reconsidered.
Rick Larsen.