Senate Report 119-67 - NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE REAUTHORIZATION ACT OF 2025

[Senate Report 119-67]
[From the U.S. Government Publishing Office]

Calendar No. 172

119th Congress } { Report
SENATE
1st Session } { 119-67
_______________________________________________________________________

NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE REAUTHORIZATION ACT OF
2025

__________

R E P O R T

of the

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

S. 1433

September 29, 2025.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session

TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director

Calendar No. 172

119th Congress } { Report
SENATE
1st Session } { 119-67

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NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE REAUTHORIZATION ACT OF
2025
_______

September 29, 2025.--Ordered to be printed

_______

Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following

R E P O R T

[To accompany S. 1433]

[Including cost estimate of the Congressional Budget Office]

The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1433) 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, 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. 1433, the Northwest Straits Marine
Conservation Initiative Reauthorization Act of 2025, is to
reauthorize the Northwest Straits Marine Conservation
Initiative Act to protect the resources of the Northwest
Straits (NWS).

Background and Needs

Stretching from Snohomish and Jefferson counties north to
the Canadian border, the NWS region of the State of Washington
includes the waters of the Strait of Juan de Fuca, the San Juan
Islands, and the northern area of the Puget Sound.\1\ In 1998,
Congress authorized the Northwest Straits Marine Conservation
Initiative (Initiative) in order to coordinate marine resource
protection and restoration activities in the NWS region after a
proposal to add it to the National Marine Sanctuary system
failed.\2\
---------------------------------------------------------------------------
\1\``The Northwest Straits Region,'' Northwest Straits Commission,
https://nwstraits.org/about-us/overview/.
\2\Ibid.
---------------------------------------------------------------------------
The Initiative established the Northwest Straits Commission
(Commission), which is composed of five members appointed by
the Governor of the State of Washington, a Tribal
representative appointed by the Secretary of the Interior, one
representative from each of the seven Marine Resource
Committees (MRCs) that represent the seven NWS region counties,
and the Puget Sound Partnership.''\3\ MRCs coordinate their
activities through the Commission, championing their local
priorities.\4\ Past projects include oyster restoration in
Skagit County, establishment of voluntary no-anchor zones in
Jefferson County, marine debris removal programs in Clallam
County, and shoreline surveys in Island County.\5\
---------------------------------------------------------------------------
\3\``Commission,''Northwest Straits Commission, https://
nwstraits.org/about-us/commission/.
\4\``Marine Resources Committees,'' Northwest Straits Commission,
https://nwstraits.org/get-
involved/marine-resources-committees/.
\5\Ibid.
---------------------------------------------------------------------------
The Commission is volunteer-based and MRC members are
appointed by their local elected officials. As part of its
original authorization in 1998, Congress required a program
review for the Initiative. This review was conducted in 2004,
and an evaluation panel of national experts recommended
continued Federal authorization and expanded support for the
Initiative.\6\
---------------------------------------------------------------------------
\6\William Ruckelshaus et al., Northwest Straits Marine
Conservation Initiative: Five-Year Evaluation Report, Northwest Straits
Evaluation Panel and Policy Consensus Center (University of Washington
and Washington State University), April 6, 2004, https://
www.nwstraits.org/media/1257/nwsc-2004-evaluationrpt.pdf.
---------------------------------------------------------------------------

Summary of Provisions

S. 1433 would do the following:
Establish requirements for appointing the
Commission members and selecting a Chair.
Require the Under Secretary of Commerce for
Oceans and Atmosphere to appoint an employee from the
National Oceanic and Atmospheric Administration (NOAA)
to serve as a liaison to the Commission.
Authorize the Commission to enter into
cooperative agreements with the State of Washington and
with nonprofit organizations.
Establish the goal and duties of the
Commission.
Authorize the Commission to accept
donations.
Require the Commission to prepare and submit
an annual report to Congress.
Authorize appropriations of $3 million for
each of fiscal years 2026 through 2031.

Legislative History

S. 1433 was introduced on April 10, 2025, by Senator Murray
(for herself and Senator Cantwell) and was referred to the
Committee on Commerce, Science, and Transportation of the
Senate. On April 30, 2025, the Committee met in open Executive
Session and, by voice vote, ordered S. 1433 reported favorably
with amendments.
H.R. 2860, a House bill identical to S. 1433, was
introduced on April 10, 2025, by Representative Larsen (for
himself and Representatives Randall, Strickland, DelBene, Smith
(WA), and Jayapal) and was referred to the Committee on Natural
Resources of the House of Representatives.

118th Congress

S. 4579, the Northwest Straits Marine Conservation
Initiative Reauthorization Act of 2024, was introduced on June
18, 2024, by Senator Murray (for herself and Senator Cantwell)
and was referred to the Committee on Commerce, Science, and
Transportation of the Senate. On July 31, 2024, the Committee
met in open Executive Session and, by voice vote, ordered S.
4579 reported favorably with amendments.
H.R. 8783, a House companion bill to S. 4579, was
introduced on June 18, 2024, by Representative Larsen (for
himself and Representatives DelBene, Kilmer, Strickland, Smith
(WA), and Jayapal) and was referred to the Committee on Natural
Resources of the House of Representatives. Representative
Schrier was later added as a cosponsor.

117th Congress

S. 4903, the Northwest Straits Marine Conservation
Initiative Reauthorization Act of 2022, was introduced on
September 21, 2022, by Senator Murray and was referred to the
Committee on Commerce, Science, and Transportation of the
Senate.

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. 1433 would authorize the appropriation of $3 million
annually for fiscal years 2026 through 2031 for the Northwest
Straits Advisory Commission. Under the bill, that commission
would coordinate with the National Oceanic and Atmospheric
Administration and state, local, and tribal governments to
design projects to restore marine waters and habitats of the
Northwest Straits region in the State of Washington. In 2024,
the Congress provided $1 million for those activities.
CBO assumes that the bill will be enacted in 2025 and that
the authorized amounts will be provided in each year. On that
basis and using historical spending patterns, CBO estimates
that implementing the bill would cost $13 million over the
2025-2030 period and $5 million after 2030.
In addition, the bill would authorize the commission to
accept donations and spend them without further appropriation
to carry out its responsibilities. The receipt and spending of
those donations are recorded as direct spending. Because the
receipt and spending would offset each other, CBO estimates
that enacting S. 1433 would have an insignificant effect on net
direct spending over the 2025-2035 period.
The costs of the legislation, detailed in Table 1, fall
within budget function 300 (natural resources and environment).

TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 1433
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------
2025 2026 2027 2028 2029 2030 2025-2030
----------------------------------------------------------------------------------------------------------------
Authorization........................................ 0 3 3 3 3 3 15
Estimated Outlays.................................... 0 2 2 3 3 3 13
----------------------------------------------------------------------------------------------------------------
Enacting the bill would have an insignificant effect on net direct spending over the 2025-2035 period for the
receipt and spending of donations.

The CBO staff contact for this estimate is Aurora Swanson.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.

Phillip L. Swagel,
Director, Congressional Budget Office.

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. 1433, as reported, would not authorize any new
regulations and therefore would not subject any individuals or
businesses to new regulations. It would create a new
requirement that NOAA appoint an individual as a liaison
officer to the Commission.

ECONOMIC IMPACT

S. 1433, as reported, is not expected to have an adverse
impact on the Nation's economy.

PRIVACY

S. 1433, as reported, would not have any adverse impact on
the personal privacy of individuals.

PAPERWORK

S. 1433, as reported, would not require a major increase in
paperwork burdens. In the instance where the bill would require
additional paperwork, it would require an annual report
describing the activities carried out by the Commission during
the preceding year and the progress in achieving certain
benchmarks to the appropriate committees of Congress.

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 ``Northwest Straits Marine Conservation Initiative
Reauthorization Act of 2025''.

Section 2. Reauthorization of Northwest Straits Marine Conservation
Initiative Act

This section would define the terms ``Commission'',
``marine resources committee'', ``Northwest Straits region'',
``Tribal government'', and ``Under Secretary''.
This section would set the requirements for membership of
the Commission. It would also give the Commission discretion to
appoint additional members as necessary and set the process for
appointing these members. Additionally, this section would set
requirements for filling vacancies, for selecting the Chair of
the Commission, and on the frequency with which the Commission
shall meet. Further, this section would require the appointment
of a NOAA employee to serve as a liaison to the Commission and
to coordinate activities related to the Commission's goal. This
section would give the Commission the authority to enter into
cooperative agreements with the State of Washington for
staffing and administrative services.
This section would also define the goal of the Commission
as protecting and restoring the marine waters, habitats, and
species of the NWS region, including through sustainability and
awareness, improving collaboration with partner organizations
and Tribal governments, supporting Tribal treaty rights, and
related activities. It would define the Commission's duties to
include providing resources and support to MRCs, developing
regional programs, collecting marine resource data, and serving
as a public forum for policy discussions. This section would
require the Commission to coordinate and collaborate with
Federal, State, local, and Tribal governments and give it
permission to enter into cooperative agreements with nonprofit
entities. Additionally, this section would limit the authority
of the Commission to issue Federal regulations and allow the
Commission to accept donations.
This section would require the Commission to prepare and
submit an annual report describing the activities carried out
by the Commission during the preceding year and the progress in
achieving specified benchmarks to the appropriate committees of
Congress.
Lastly, this section would authorize appropriations of $3
million for each of fiscal years 2026 through 2031.

Changes in Existing Law

In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, 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
material is printed in italic, existing law in which no change
is proposed is shown in roman):

THE NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE ACT

* * * * * * *

[Title IV of Public Law 105-384; 112 Stat. 3458]

TITLE IV--NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE

SEC. 401. SHORT TITLE.

This title may be cited as the ``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'').] 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. 405. LIMITATION.

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

SEC. 403. DEFINITIONS.

In this title:
(1) Commission.--The term ``Commission'' means the
Northwest Straits Advisory Commission established by
section 402.
(2) Marine resources committee.--The term ``marine
resources committee'' means a county government
committee that assists in assessing marine resource and
conservation needs.
(3) Northwest straits region.--The term ``Northwest
Straits region'' means the marine waters of the Strait
of Juan de Fuca and of Puget Sound from the Canadian
border to the south end of Snohomish County.
(4) Tribal government.--The term ``Tribal
government'' means the recognized governing body of any
Indian or Alaska Native tribe, band, nation, pueblo,
village, community, component band, or component
reservation individually identified (including
parenthetically) in the list published most recently as
of the date of enactment of the Northwest Straits
Marine Conservation Initiative Reauthorization Act of
2025 pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(5) Under secretary.--The term ``Under Secretary''
means the Under Secretary of Commerce for Oceans and
Atmosphere.

SEC. 404. MEMBERSHIP OF THE COMMISSION.

(a) Composition.--
(1) In general.--The Commission shall be composed of
14 members, except as provided in paragraph (2), who
shall be appointed as follows:
(A) One member appointed by a consensus of
the members of a marine resources committee for
San Juan County, Washington.
(B) One member appointed by a consensus of
the members of a marine resources committee for
Island County, Washington.
(C) One member appointed by a consensus of
the members of a marine resources committee for
Skagit County, Washington.
(D) One member appointed by a consensus of
the members of a marine resources committee for
Whatcom County, Washington.
(E) One member appointed by a consensus of
the members of a marine resources committee for
Snohomish County, Washington.
(F) One member appointed by a consensus of
the members of a marine resources committee for
Clallam County, Washington.
(G) One member appointed by a consensus of
the members of a marine resources committee for
Jefferson County, Washington.
(H) Two members appointed by the Secretary of
the Interior, in coordination with the
Northwest Indian Fisheries Commission and in
consultation with the Tribal governments
affected by this title, to represent the
interests of such Tribal governments.
(I) One member appointed by the Governor of
the State of Washington to represent the
interests of the Puget Sound Partnership.
(J) Four members appointed by the Governor of
the State of Washington who--
(i) are residents of the State of
Washington; and
(ii) are not employed by a Federal,
State, or local government, excluding
an institution of higher education.
(2) Additional members.--The Commission may, as
determined necessary to improve the ability of the
Commission to perform the duties of the Commission
under section 405(b), appoint members in addition to
those appointed under paragraph (1). Any such
additional member shall be appointed by a consensus of
the members of a marine resources committee that is not
described in such paragraph.
(b) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(c) Chairperson.--The Commission shall select a Chairperson
from among its members.
(d) Meeting.--The Commission shall meet at the call of the
Chairperson, but not less frequently than quarterly.
(e) Liaison.--
(1) In general.--The Under Secretary, in consultation
with the Commission, shall appoint an employee of the
National Oceanic and Atmospheric Administration--
(A) to serve as a liaison between the
Commission and the Department of Commerce;
(B) to coordinate programs of the National
Oceanic and Atmospheric Administration with
activities related to the goal of the
Commission described in section 405(a); and
(C) to perform additional liaison functions
benefitting the Commission and the National
Oceanic and Atmospheric Administration, which
may include, as agreed to by the Commission and
the National Oceanic and Atmospheric
Administration, attending meetings and other
events of the Commission as a nonvoting
participant.
(2) Limitation.--Service as a member of the
Commission by the employee appointed under paragraph
(1)--
(A) is limited to the employee's service as a
liaison; and
(B) does not obligate the employee to perform
any duty of the Commission under section
405(b).
(f) Administration.--The Commission may enter into
cooperative agreements with the State of Washington for
staffing and administrative services for the purposes of
supporting the duties of the Commission under section 405(b).

SEC. 405. GOAL AND DUTIES OF THE COMMISSION.

(a) Goal.--The goal of the Commission is to protect and
restore the marine waters, habitats, and species of the
Northwest Straits region to achieve ecosystem health and
sustainable resource use by--
(1) designing and recommending projects that are
driven by the best available science, local priorities,
community-based decisions, and the ability to measure
results;
(2) building awareness and stewardship and making
recommendations to improve the health of the marine
resources of the Northwest Straits region;
(3) maintaining and expanding collaboration with
partner organizations, such as the Puget Sound
Partnership;
(4) expanding partnerships with Tribal governments
and continuing to support Tribal treaties, cultures,
and subsistence and Tribal treaty rights; and
(5) recognizing the importance of economic and social
benefits that are dependent on marine environments and
sustainable marine resources.
(b) Duties.--The duties of the Commission are the following:
(1) To provide resources and technical support for
marine resources committees.
(2) To work with such marine resources committees and
appropriate entities of Federal, State, and local
governments and Tribal governments to provide advice in
developing regional programs to monitor the overall
health of the marine ecosystem of the Northwest Straits
region.
(3) To collect marine resources data and identify
factors adversely affecting or preventing the
restoration of the health of the marine ecosystem and
coastal economies of the Northwest Straits region to
inform decisionmakers.
(4) To develop scientifically sound restoration and
protection recommendations, informed by local
priorities, that address such factors.
(5) To serve as a public forum for the informal
discussion of policies and actions, with respect to the
marine ecosystem of the Northwest Straits region, of
Federal, State, or local governments, Tribal
governments, or the Government of Canada.
(6) To inform appropriate authorities and local
communities about the marine ecosystem of the Northwest
Straits region and about issues relating to the marine
ecosystem of the Northwest Straits region.
(7) To consult with all affected Tribal governments
in the Northwest Straits region to ensure that the work
of the Commission does not violate Tribal treaty
rights.
(c) Coordination and Collaboration.--The Commission--
(1) shall carry out the duties described in
subsection (b) in coordination and collaboration, as
appropriate, with Federal, State, and local governments
and Tribal governments, including by--
(A) providing technical support and
assistance to any Tribal government seeking
representation and participation on the
Commission; and
(B) supporting the work and duties of the
liaison to the Commission under section 404(e);
and
(2) may enter into cooperative agreements with
nonprofit entities, such as the Northwest Straits
Foundation, to provide assistance, including financial
assistance, in carrying out the duties described in
subsection (b).
(d) Limitations.--Nothing in this title provides the
Commission with authority to issue regulations or implement any
Federal law or regulation.
(e) Acceptance of Donations.--For purposes of carrying out
this section, the Commission may solicit, accept, receive,
hold, administer, and use gifts, devises, and bequests without
any further approval or administrative action.
(f) Annual Report.--
(1) In general.--Each year, the Commission shall
prepare, submit to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on
Natural Resources of the House of Representatives, and
the Under Secretary, and make available to the public a
report describing--
(A) the activities carried out by the
Commission during the preceding year; and
(B) the progress in achieving the benchmarks
described in paragraph (2).
(2) Benchmarks.--The benchmarks described in this
paragraph are the following:
(A) Protection and restoration of marine,
coastal, and nearshore habitats within the
Northwest Straits region.
(B) Protection and restoration of marine
resources populations to healthy, sustainable
levels.
(C) Improvement of the water quality of the
Northwest Straits region.
(D) Collection of high-quality data and
promotion of the use and dissemination of such
data for the purposes of ecosystem monitoring.
(E) Promotion of stewardship and
understanding of marine resources of the
Northwest Straits region through education and
outreach.

SEC. 406. FUNDING.

(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Under Secretary $3,000,000 for each
of fiscal years 2026 through 2031 to carry out this title.
(b) Assistance.--
(1) In general.--The Under Secretary may, from
amounts made available to the Under Secretary to carry
out this title, provide assistance to the Commission in
carrying out the duties of the Commission under this
title.
(2) Provision.--The Under Secretary may provide the
assistance described in paragraph (1), and make
available amounts to the Commission to carry out the
duties of the Commission, through a contract with the
Director of the Padilla Bay National Estuarine Research
Reserve, unless the Governor of the State of Washington
objects. If such Governor so objects, the Under
Secretary may not provide such assistance and make
available such amounts to the Commission.

* * * * * * *