[Senate Report 116-185]
[From the U.S. Government Publishing Office]
Calendar No. 396
116th Congress } { Report
SENATE
1st Session } { 116-185
_______________________________________________________________________
REGIONAL OCEAN PARTNERSHIP ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2166
December 19, 2019.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2019
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
first session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
Calendar No. 396
116th Congress } { Report
SENATE
1st Session } { 116-185
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REGIONAL OCEAN PARTNERSHIP ACT
_______
December 19, 2019.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2166]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2166) to designate Regional
Ocean Partnerships of the National Oceanic and Atmospheric
Administration, and for other purposes, having considered the
same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill (as
amended) do pass.
Purpose of the Bill
The purpose of S. 2166, the Regional Ocean Partnerships
Act, is to give authority to the Governor or Governors of
coastal state(s) to apply to the Secretary of Commerce for
designation as a Regional Ocean Partnership; designate the Gulf
of Mexico Alliance, the Northeast Regional Ocean Council, the
Mid-Atlantic Regional Council, and the West Coast Ocean
Alliance as Regional Ocean Partnerships; and define the
functions of Regional Ocean Partnerships.
Background and Needs
In the United States, the ocean and Great Lakes economy
accounted for 3.2 million jobs and produced $320 billion, or
1.8 percent of total U.S. gross domestic product (GDP), in
goods and services in 2015.\1\ Over 40 percent of all Americans
currently live in coastal regions, and these regions account
for nearly half of total economic productivity in the United
States,\2\ with 3.2 million employees working in 152,000
businesses in the ocean and Great Lakes economy, earning $128
billion in wages as of 2015.\3\
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\1\National Oceanic and Atmospheric Administration, Office for
Coastal Management, ``NOAA Report on the U.S. Ocean and Great Lakes
Economy,'' 2018 (http://coast.noaa.gov/digitalcoast/training/
econreport.html) (accessed March 21, 2019).
\2\NOAA Digital Coast, ``Socioeconomic Data Summary'' (https://
coast.noaa.gov/data/digitalcoast/pdf/socioeconomic-data-summary.pdf)
(accessed March 21, 2019).
\3\National Oceanic and Atmospheric Administration, Office for
Coastal Management, ``NOAA Report on the U.S. Ocean and Great Lakes
Economy,'' 2018 (http://coast.noaa.gov/digitalcoast/training/
econreport.html) (accessed March 21, 2019).
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Coastal and ocean management issues frequently cross State
boundaries and require regional coordination. The Regional
Ocean Partnerships (ROPs) are voluntarily convened by State
Governors in collaboration with local and Federal Government
partners and stakeholders to address ocean and coastal issues
of common concern for the region. There are currently four
ROPs, located in the Northeast, Mid-Atlantic, Gulf of Mexico,
and the West Coast. ROPs provide a State-led model for
coordinated ocean and coastal resource management, and present
opportunities for increased efficiency, cost-effectiveness and
more robust ecosystem-based approaches to the way the nation
engages the ocean and its many stakeholder groups. They
leverage existing State and Federal resources, knowledge, and
partnerships to build a stronger base of information and
experience to make well-informed decisions about the use of
ocean resources.
Several of the ROPs have established Ocean Data Portals,
which link existing data systems together to provide an easy-
to-use gateway to discover ocean and coastal data. Coastal
decision-makers, researchers, and stakeholders use the portals
to access data and decision-support tools they need to
understand and address high-priority regional issues. These
regional data portals work with the national-level data
portal,\4\ called the Marine Cadastre, to provide national-
level data and identify multi-use areas for siting projects,
identifying compatibility, and providing data to support ocean
action plans. The portals may also contain data specific to a
region such as State-created recreational data.
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\4\``About MarineCadastre.gov'' (https://marinecadastre.gov/about/)
(accessed July 19, 2019).
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In 2000, Congress passed the Oceans Act,\5\ in recognition
of the importance of and the challenges to the oceans and the
coasts. Pursuant to that Act, President Bush appointed a 16-
member U.S. Commission on Ocean Policy, which submitted its
report, ``An Ocean Blueprint for the 21st Century,'' to the
President and Congress.\6\ A key recommendation of the Ocean
Commission was that a National Ocean Council should support
voluntary establishment of regional ocean councils in order to
improve Federal agency coordination at the regional level and
develop and disseminate regionally important data that would be
useful for ecosystem management.\7\
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\5\Pub. L. 106-256.
\6\See ``About the Commission'' (http://govinfo.library.unt.edu/
oceancommission/commission/welcome.html) (accessed September 16, 2019).
\7\See Chapter 5, ``An Ocean Blueprint for the 21st Century''
(http://govinfo.library.unt.edu/oceancommission/documents/
full_color_rpt/000_ocean_full_report.pdf).
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Following the recommendations, the regions began to
organize. The Gulf of Mexico Alliance started in 2004 and
includes the States of Alabama, Florida, Louisiana,
Mississippi, and Texas. Its mission is to enhance the
ecological and economic health of the Gulf of Mexico through
increased regional collaboration.\8\ The Northeast Regional
Ocean Council was formed in 2005 by the Governors of the New
England States of Maine, New Hampshire, Vermont, Massachusetts,
Rhode Island, and Connecticut to serve as a forum for the
development of goals and priorities and address regional
coastal and ocean management challenges with creative
solutions.\9\
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\8\Gulf of Mexico Alliance (https://gulfofmexicoalliance.org/)
(accessed July 19, 2019).
\9\Northeast Regional Ocean Council (https://
www.northeastoceancouncil.org/) (accessed July 19, 2019).
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In June 2009, President Obama issued a memorandum
establishing an Interagency Ocean Policy Task Force to develop
recommendations regarding a coordinated national ocean policy,
improved stewardship, and coastal and marine spatial
planning.\10\
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\10\Interagency Ocean Policy Task Force (https://
obamawhitehouse.archives.gov/administration/eop/ceq/whats_new/
Interagency-Ocean-Policy-Task-Force) (accessed September 16, 2019).
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The same month, the Governors of Virginia, Maryland,
Delaware, New Jersey, and New York signed an agreement to
enhance the vitality of the Mid-Atlantic's ocean ecosystem and
economy by identifying four regional priorities for shared
action to improve ocean health and contribute to the quality of
life and economic vitality of the region.\11\
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\11\Mid-Atlantic Regional Council on the Ocean (http://
midatlanticocean.org/) (accessed July 19, 2019).
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In 2010, the Interagency Ocean Policy Task Force released
its recommendations. Chief among them was that nine regional
planning bodies should be formed to--among other things--
aggregate and coordinate development of regional coastal and
marine spatial plans.\12\ President Obama formally adopted
these recommendations in a July 19, 2010 Executive order.\13\
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\12\See pages 52-60, Final Recommendations of the Interagency Ocean
Policy Task Force (https://obamawhitehouse.archives.gov/files/
documents/OPTF_FinalRecs.pdf) (accessed September 16, 2019).
\13\Executive Order 13547--Stewardship of the Ocean, Our Coasts,
and the Great Lakes (https://obamawhitehouse.archives.gov/the-press-
office/executive-order-stewardship-ocean-our-coasts-and-great-lakes)
(accessed September 16, 2019).
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Though the National Ocean Policy espoused laudable goals,
it faced political backlash due to concerns regarding
separation of powers. In response, Congress enacted several
appropriations provisions barring funding to be expended on
implementation of the policy. One inadvertent result was that
the existing regional bodies (Gulf of Mexico Alliance,
Northeast Regional Council, and the Mid-Atlantic Regional Ocean
Council) lost all funding related to the National Ocean Policy.
In the years since, there has been interest among the
regional bodies and on Capitol Hill in differentiating the
conflict regarding a broad and sweeping national ocean policy
and the more narrowly-tailored consensus push for regional
ocean and coastal planning and data-sharing. For example, in
2016, the Senate Committee on Commerce, Science, and
Transportation favorably reported S. 3038, the Coastal
Coordination Act. This bill would have reauthorized the Coastal
Zone Management Act of 1972 and included new provisions
strengthening the role of interstate and regional coordination
of coastal zone management. It would have also specifically
authorized the Gulf of Mexico Alliance as a regional
coordination body. The legislation was never considered in the
full Senate.
On June 19, 2018, President Trump signed an Executive
order\14\ rescinding President Obama's National Ocean Policy.
The new Executive order was intended to advance the economic,
security, and environmental interests of the United States
through improved public access to marine data and information,
efficient Federal agency coordination on ocean related matters,
and engagement with marine industries, the science and
technology community, and other ocean stakeholders, including
ROPs. However, the Executive order excluded climate change and
conservation goals of the previous National Ocean Policy.\15\
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\14\EO 13840. ``Ocean Policy To Advance the Economic, Security, and
Environmental Interests of the United States'' (https://
www.govinfo.gov/content/pkg/FR-2018-06-22/pdf/2018-13640.pdf) (accessed
July 19, 2019).
\15\``Trump's New Oceans Policy Washes Away Obama's Emphasis on
Conservation and Climate'' (https://www.sciencemag.org/news/2018/06/
trump-s-new-oceans-policy-washes-away-obama-s-emphasis-conservation-
and-climate) (accessed September 16, 2019).
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Finally, the most recently formed regional ocean
partnership, the West Coast Ocean Alliance, includes the States
of Washington, Oregon, and California, and was formed in
December 2018 to support healthy, resilient ocean ecosystems
and communities that thrive on ocean resources.\16\
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\16\West Coast Ocean Alliance (https://westcoastoceanalliance.org/)
(accessed July 19, 2019).
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This legislation has the ability to provide a strong
national framework for the regions to address their own
specific issues while also being able to coordinate better with
Federal agencies acting on the ground.
Summary of Provisions
S. 2166, the Regional Ocean Partnerships Act, would do the
following:
Give authority to the Governor or Governors of
coastal State(s) to apply to the Secretary of Commerce
for designation as a Regional Ocean Partnership.
Designate the Gulf of Mexico Alliance, the Northeast
Regional Ocean Council, the Mid-Atlantic Regional
Council, and the West Coast Ocean Alliance as Regional
Ocean Partnerships.
Define the functions of Regional Ocean Partnerships.
Legislative History
S. 2166 was introduced on July 18, 2019, by Senator Wicker
(for himself and Senators Cantwell, Cassidy, Collins, and
Jones) and was referred to the Committee on Commerce, Science,
and Transportation of the Senate. Senators Markey, Kennedy, and
Murphy are additional cosponsors. On July 24, 2019, the
Committee met in open Executive Session and, by voice vote,
ordered S. 2166 reported favorably with an amendment (in the
nature of a substitute).
In the 114th Congress, similar language was included in the
Coastal Coordination Act of 2016, S. 3038, introduced by
Senator Nelson (for himself and Senator Wicker) on June 8,
2016. It was reported favorably out of the Committee on
Commerce, Science, and Transportation and passed in the Senate
with an amendment (in the nature of a substitute) by voice vote
on December 9, 2016.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2166 would designate four Regional Ocean Partnerships
which would consist of coastal states that share a common ocean
or coastal area. The bill also would create a process for other
groups of two or more coastal states to apply for recognition
as such a partnership. Those partnerships would coordinate
actions between the state and federal governments to conserve
shared coastal resources and liaise with international
counterparts.
The bill would authorize the appropriation of specific
amounts that total $62 million over the 2020-2025 period for
the National Oceanic and Atmospheric Administration to provide
grants to those partnerships to complete the activities
authorized under S. 2166.
Based on historical spending patterns for the similar
activities, and assuming appropriation of the authorized
amounts, CBO estimates that implementing S. 2166 would cost $45
million over the 2019-2024 period and $17 million after 2024.
The costs of the legislation, detailed in Table 1, fall within
budget function 300 (natural resources and environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2166
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By fiscal year, millions of dollars--
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2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2019-2024 2019-2029
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Authorization........................................ 0 10 10 10 10 10 11 0 0 0 0 51 62
Estimated Outlays.................................... 0 6 8 10 10 10 10 4 2 * 0 45 62
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Components may not sum to totals because of rounding; * = between zero and $500,000.
The CBO staff contact for this estimate is Robert Reese.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 2166 as reported does not create any new programs or
impose any new regulatory requirements, and therefore will not
subject any individuals or businesses to new regulations.
economic impact
S. 2166 is not expected to have a negative impact on the
Nation's economy.
privacy
The reported bill would have no impact on the personal
privacy of individuals.
paperwork
S. 2166 would require a report every 5 years from the
Administrator of the National Oceanic and Atmospheric
Administration (NOAA) on the effectiveness of the partnership.
This requirement would sunset in 2040.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title
This section would provide that the bill may be cited as
the ``Regional Ocean Partnership Act''.
Section 2. Findings; Sense of Congress; Purposes
This section states that it is the sense of Congress that
the United States should seek to attain coordination of ocean
management, conservation, resilience, and restoration through
Regional Ocean Partnerships.
Section 3. Regional Ocean Partnerships
This section would define the terms ``Administrator,''
``coastal state,'' and ``Indian Tribe.'' It would allow a
coastal state to participate in a Regional Ocean Partnership
with another coastal state(s) that shares a common ocean or
coastal area. The section would give authority to the Governor
or Governors of coastal state(s) to apply to the Secretary of
Commerce for designation as a Regional Ocean Partnership. It
would require that partnerships are designated as Regional
Ocean Partnerships only if they are established to manage
coastal resources, focus on environmental issues affecting
ocean and coastal areas, and do not have a regulatory function.
It would designate the Gulf of Mexico Alliance, the Northeast
Regional Ocean Council, the Mid-Atlantic Regional Council, and
the West Coast Ocean Alliance as Regional Ocean Partnerships.
This section would establish that a Regional Ocean Partnership
be governed by a governing body comprised of voting members
from each State in the partnership and designated by the
Governor.
This section would define the functions of Regional Ocean
Partnerships. These would include promoting coordination
between State and Federal agencies, State and local
authorities, and other stakeholders to conserve natural
resources, manage data and data portals, and implement outreach
programs. It would allow Regional Ocean Partnerships to create
grants and enter into contracts for the purposes of monitoring
water quality and other ocean and coastal natural resources,
and researching and addressing the effects of environmental
change.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.