[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2166 Reported in Senate (RS)]
<DOC>
Calendar No. 396
116th CONGRESS
1st Session
S. 2166
[Report No. 116-185]
To designate Regional Ocean Partnerships of the National Oceanic and
Atmospheric Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2019
Mr. Wicker (for himself, Mr. Jones, Mr. Cassidy, Ms. Collins, Ms.
Cantwell, Mr. Markey, Mr. Kennedy, Mr. Murphy, and Mr. Merkley)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation of the Senate
December 19, 2019
Reported by Mr. Wicker, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To designate Regional Ocean Partnerships of the National Oceanic and
Atmospheric Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Regional Ocean Partnership
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (1) The ocean and coastal waters of the United
States are foundational to the economy, security, global
competitiveness, and well-being of the United States and
continuously serve the people of the United States and other
countries as an important source of food, energy, economic
productivity, recreation, beauty, and enjoyment.</DELETED>
<DELETED> (2) Over many years, the resource productivity and
water quality of the ocean and coastal areas of the United
States have been diminished by pollution, increasing population
demands, economic development, and natural and man-made hazard
events, both acute and chronic.</DELETED>
<DELETED> (3) Ocean and coastal areas of the United States
are managed by State and Federal resource agencies and
regulated by various overlapping authorities, thereby creating
a significant need for coordination to enhance the ecological
and economic health of those areas.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that
the United States should seek to attain coordination of the efforts
relating to the management, conservation, resilience, and restoration
of ocean and coastal areas to reduce duplication of efforts and
maximize efficiencies through collaborative regional efforts by
Regional Ocean Partnerships, in consultation with Federal agencies and
State and local authorities.</DELETED>
<DELETED> (c) Purposes.--The purposes of this Act are as
follows:</DELETED>
<DELETED> (1) To expand and strengthen cooperative voluntary
efforts intended to manage and restore ocean and coastal areas
spanning across multiple State boundaries.</DELETED>
<DELETED> (2) To expand Federal support for monitoring, data
management, and restoration activities in ocean and coastal
areas.</DELETED>
<DELETED> (3) To commit the United States to a comprehensive
cooperative program to achieve improved water quality in, and
improvements in the productivity of living resources of, all
coastal ecosystems.</DELETED>
<DELETED> (4) To authorize Regional Ocean Partnerships as
coordinators of Federal and State authorities relating to
voluntary efforts for the collaborative management of the large
marine ecosystems, thereby reducing duplication of efforts and
maximizing opportunities to leverage support in the ocean and
coastal regions.</DELETED>
<DELETED> (5) To enable Regional Ocean Partnerships to
receive Federal funding to conduct the scientific research,
conservation and restoration management, and priority
coordination necessary to achieve the purposes described in
paragraphs (1) through (4).</DELETED>
<DELETED>SEC. 3. REGIONAL OCEAN PARTNERSHIPS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of the National Oceanic and Atmospheric
Administration.</DELETED>
<DELETED> (2) Coastal state.--The term ``coastal state'' has
the meaning given that term in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).</DELETED>
<DELETED> (3) Indian tribe.--The term ``Indian Tribe'' means
an Indian tribe, as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).</DELETED>
<DELETED> (b) Regional Ocean Partnerships.--</DELETED>
<DELETED> (1) In general.--A coastal state may participate
in a Regional Ocean Partnership with one or more other coastal
states that share a common ocean or coastal area with the
coastal state.</DELETED>
<DELETED> (2) Application.--The Governor of a coastal state
or the Governors of a group of coastal states may apply to the
Secretary of Commerce, on behalf of a partnership, for the
partnership to receive designation as a Regional Ocean
Partnership if the partnership--</DELETED>
<DELETED> (A) meets the requirements under paragraph
(3); and</DELETED>
<DELETED> (B) submits an application for such
designation in such manner, in such form, and
containing such information as the Secretary may
require.</DELETED>
<DELETED> (3) Requirements.--A partnership is eligible for
designation as a Regional Ocean Partnership by the Secretary
under paragraph (2) if the partnership--</DELETED>
<DELETED> (A) is established to coordinate the
management of coastal resources;</DELETED>
<DELETED> (B) focuses on the environmental issues
affecting the ocean and coastal areas of the coastal
states participating in the partnership;</DELETED>
<DELETED> (C) does not have a regulatory function;
and</DELETED>
<DELETED> (D) is not duplicative of an existing
Regional Ocean Partnership designated under paragraph
(4), as determined by the Secretary.</DELETED>
<DELETED> (4) Designation of certain entities as regional
ocean partnerships.--Notwithstanding paragraph (2) or (3), the
following entities are designated as Regional Ocean
Partnerships:</DELETED>
<DELETED> (A) The Gulf of Mexico Alliance,
representing the ocean and coastal area shared by the
States of Alabama, Florida, Louisiana, Mississippi, and
Texas.</DELETED>
<DELETED> (B) The Northeast Regional Ocean Council,
representing the ocean and coastal area shared by the
States of Maine, Vermont, New Hampshire, Massachusetts,
Connecticut, and Rhode Island.</DELETED>
<DELETED> (C) The Mid-Atlantic Regional Council on
the Ocean, representing the ocean and coastal area
shared by the States of New York, New Jersey, Delaware,
Maryland, and Virginia.</DELETED>
<DELETED> (D) The West Coast Ocean Alliance,
including the States of California, Oregon, and
Washington and the Indian Tribes in those
States.</DELETED>
<DELETED> (c) Governing Bodies of Regional Ocean Partnerships.--
</DELETED>
<DELETED> (1) In general.--A Regional Ocean Partnership
designated under subsection (b) shall be governed by a
governing body.</DELETED>
<DELETED> (2) Membership.--A governing body described in
paragraph (1)--</DELETED>
<DELETED> (A) shall be comprised, at a minimum, of
voting members from each coastal state participating in
the Regional Ocean Partnership, designated by the
Governor of the coastal state; and</DELETED>
<DELETED> (B) may include such other members as the
partnership considers appropriate.</DELETED>
<DELETED> (d) Functions.--A Regional Ocean Partnership designated
under subsection (b) may perform the following functions:</DELETED>
<DELETED> (1) Promote coordination of the actions of the
agencies of coastal states participating in the partnership
with the actions of the appropriate officials of Federal
agencies and other authorities in developing strategies--
</DELETED>
<DELETED> (A) to conserve living resources, increase
valuable habitats, enhance coastal resilience, and
address such other issues related to the shared ocean
or coastal area as are determined to be a priority by
those states;</DELETED>
<DELETED> (B) to manage regional data portals and
develop associated data products for purposes that
support the priorities of those states; and</DELETED>
<DELETED> (C) to obtain the support of appropriate
officials for such strategies.</DELETED>
<DELETED> (2) In cooperation with appropriate Federal
agencies and State and local authorities, develop and implement
specific action plans to carry out coordination
goals.</DELETED>
<DELETED> (3) Coordinate and implement priority plans and
projects, and facilitate science, research, modeling,
monitoring, data collection, and other activities that support
the goals of the partnership through the provision of grants
and contracts under subsection (e).</DELETED>
<DELETED> (4) Engage and collaborate with stakeholders to
address ocean and coastal related matters that require
interagency or intergovernmental solutions.</DELETED>
<DELETED> (5) Implement outreach programs for public
information, education, and participation to foster stewardship
of the resources of the ocean and coastal areas.</DELETED>
<DELETED> (6) Develop and make available, through
publications, technical assistance, and other appropriate
means, information pertaining to cross-jurisdictional issues
being addressed through the coordinated activities of the
partnership.</DELETED>
<DELETED> (7) Serve as the liaison with, and provide
information to, international counterparts, as
appropriate.</DELETED>
<DELETED> (e) Grants and Contracts.--</DELETED>
<DELETED> (1) In general.--A Regional Ocean Partnership
designated under subsection (b) may, from amounts made
available to the partnership by the Administrator or the head
of another Federal agency--</DELETED>
<DELETED> (A) provide grants to eligible persons
described in paragraph (2) for the purposes described
in paragraph (3); and</DELETED>
<DELETED> (B) enter into contracts with such persons
for such purposes.</DELETED>
<DELETED> (2) Eligible persons.--The eligible persons
described in this paragraph are the following:</DELETED>
<DELETED> (A) Indian Tribes.</DELETED>
<DELETED> (B) State and local governments.</DELETED>
<DELETED> (C) Nongovernmental
organizations.</DELETED>
<DELETED> (D) Institutions of higher
education.</DELETED>
<DELETED> (E) Individuals.</DELETED>
<DELETED> (F) Private entities.</DELETED>
<DELETED> (3) Purposes.--The purposes described in this
paragraph are the following:</DELETED>
<DELETED> (A) Monitoring the water quality and
living resources of multi-State ocean and coastal
ecosystems.</DELETED>
<DELETED> (B) Researching and addressing the effects
of natural and human-induced environmental changes to
ocean and coastal ecosystems.</DELETED>
<DELETED> (C) Developing and executing cooperative
strategies that--</DELETED>
<DELETED> (i) address regional data issues
identified by the partnership; and</DELETED>
<DELETED> (ii) will result in more effective
management of common ocean and coastal
areas.</DELETED>
<DELETED> (f) Reports and Assessments.--</DELETED>
<DELETED> (1) Annual report.--Not later than 1 year after
the date of the enactment of this Act, and annually thereafter,
each Regional Ocean Partnership designated under subsection (b)
shall submit to the Administrator, and make available to the
public, a report that describes the following:</DELETED>
<DELETED> (A) Each project and activity for which
the partnership received funding under this section
during the previous fiscal year.</DELETED>
<DELETED> (B) The goals and objectives of those
projects and activities.</DELETED>
<DELETED> (C) The net benefits of the projects and
activities funded under this section during previous
fiscal years.</DELETED>
<DELETED> (D) The collaborative efforts of the
partnership.</DELETED>
<DELETED> (2) Assessments and reports.--</DELETED>
<DELETED> (A) In general.--Not later than 5 years
after the date of the enactment of this Act, and every
5 years thereafter, the Administrator, in coordination
with the Regional Ocean Partnerships designated under
subsection (b), shall--</DELETED>
<DELETED> (i) assess the effectiveness of
the partnerships in coordinating regional
priorities relating to the management of common
ocean and coastal areas; and</DELETED>
<DELETED> (ii) submit to Congress a report
on that assessment.</DELETED>
<DELETED> (B) Report requirements.--The report
required under subparagraph (A)(ii) shall include the
following:</DELETED>
<DELETED> (i) An assessment of the overall
status of coordinated efforts in regional
ecosystems covered by the Regional Ocean
Partnerships designated under subsection
(b).</DELETED>
<DELETED> (ii) An assessment of the
effectiveness of the management strategies that
such partnerships are implementing and the
extent to which the priority needs of the
regions covered by such partnerships are being
met through such strategies.</DELETED>
<DELETED> (iii) Such recommendations as the
Administrator may have for the improved
coordination among the regulatory and
nonregulatory programs operating in the regions
covered by such partnerships, including
recommendations for strengthening the
strategies being implemented or adopting
improved strategies.</DELETED>
<DELETED> (g) Availability of Federal Funds.--In addition to amounts
made available to Regional Ocean Partnerships designated under
subsection (b) by the Administrator under this section, the head of any
other Federal agency may provide grants to, enter into contracts with,
or otherwise provide funding to such partnerships.</DELETED>
<DELETED> (h) Authorities.--Nothing in this section establishes any
new legal or regulatory authority of the National Oceanic and
Atmospheric Administration or of the Regional Ocean Partnerships
designated under subsection (b), other than--</DELETED>
<DELETED> (1) the authority of the Administrator to provide
amounts to the partnerships; and</DELETED>
<DELETED> (2) the authority of the partnerships to provide
grants and enter into contracts under subsection (e).</DELETED>
<DELETED> (i) Funding.--</DELETED>
<DELETED> (1) In general.--Of amounts authorized to be
appropriated to the National Oceanic and Atmospheric
Administration, the Administrator may make the following
amounts available to Regional Ocean Partnerships designated
under subsection (b) to carry out activities of the
partnerships under this Act:</DELETED>
<DELETED> (A) $10,000,000 for fiscal year
2020.</DELETED>
<DELETED> (B) $10,100,000 for fiscal year
2021.</DELETED>
<DELETED> (C) $10,202,000 for fiscal year
2022.</DELETED>
<DELETED> (D) $10,306,040 for fiscal year
2023.</DELETED>
<DELETED> (E) $10,412,160 for fiscal year
2024.</DELETED>
<DELETED> (F) $10,520,404 for fiscal year
2025.</DELETED>
<DELETED> (2) Distribution of amounts.--Amounts made
available under paragraph (1) shall be divided evenly among the
Regional Ocean Partnerships designated under subsection
(b).</DELETED>
<DELETED> (3) Availability of amounts.--Amounts made
available under paragraph (1) shall remain available until
expended.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Ocean Partnership Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The ocean and coastal waters of the United States are
foundational to the economy, security, global competitiveness,
and well-being of the United States and continuously serve the
people of the United States and other countries as an important
source of food, energy, economic productivity, recreation,
beauty, and enjoyment.
(2) Over many years, the resource productivity and water
quality of the ocean and coastal areas of the United States
have been diminished by pollution, increasing population
demands, economic development, and natural and man-made hazard
events, both acute and chronic.
(3) Ocean and coastal areas of the United States are
managed by State and Federal resource agencies and regulated on
an interstate and regional scale by various overlapping Federal
authorities, thereby creating a significant need for interstate
coordination to enhance regional priorities, including the
ecological and economic health of those areas.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should seek to support interstate
coordination of shared regional priorities relating to the
management, conservation, resilience, and restoration of ocean
and coastal areas to maximize efficiencies through
collaborative regional efforts by Regional Ocean Partnerships,
in consultation with Federal and State agencies, Tribal
governments, and local authorities; and
(2) such efforts would enhance existing and effective State
coastal management efforts based on shared regional priorities.
(c) Purposes.--The purposes of this Act are as follows:
(1) To complement and expand cooperative voluntary efforts
intended to manage and restore ocean and coastal areas spanning
across multiple State boundaries.
(2) To expand Federal support for monitoring, data
management, and restoration activities in ocean and coastal
areas.
(3) To commit the United States to a comprehensive
cooperative program to achieve improved water quality in, and
improvements in the productivity of living resources of, all
coastal ecosystems.
(4) To authorize Regional Ocean Partnerships as
intergovernmental coordinators for shared interstate and
regional priorities relating to the collaborative management of
the large marine ecosystems, thereby reducing duplication of
efforts and maximizing opportunities to leverage support in the
ocean and coastal regions.
(5) To enable Regional Ocean Partnerships, or designated
fiscal management entities of such partnerships, to receive
Federal funding to conduct the scientific research,
conservation and restoration activities, and priority
coordination on shared regional priorities necessary to achieve
the purposes described in paragraphs (1) through (4).
SEC. 3. REGIONAL OCEAN PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal state'' has the
meaning given that term in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
(3) Indian tribe.--The term ``Indian Tribe'' means an
Indian tribe, as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Regional Ocean Partnerships.--
(1) In general.--A coastal state may participate in a
Regional Ocean Partnership with one or more other coastal
states that share a common ocean or coastal area with the
coastal state, without regard to whether the coastal states are
contiguous.
(2) Application.--The Governor of a coastal state or the
Governors of a group of coastal states may apply to the
Secretary of Commerce, on behalf of a partnership, for the
partnership to receive designation as a Regional Ocean
Partnership if the partnership--
(A) meets the requirements under paragraph (3); and
(B) submits an application for such designation in
such manner, in such form, and containing such
information as the Secretary may require.
(3) Requirements.--A partnership is eligible for
designation as a Regional Ocean Partnership by the Secretary
under paragraph (2) if the partnership--
(A) is established to coordinate the interstate
management of ocean and coastal resources;
(B) focuses on the environmental issues affecting
the ocean and coastal areas of the members
participating in the partnership;
(C) complements existing State coastal and ocean
management efforts on an interstate scale, focusing on
shared regional priorities;
(D) does not have a regulatory function; and
(E) is not duplicative of an existing Regional
Ocean Partnership designated under paragraph (4), as
determined by the Secretary.
(4) Designation of certain entities as regional ocean
partnerships.--Notwithstanding paragraph (2) or (3), the
following entities are designated as Regional Ocean
Partnerships:
(A) The Gulf of Mexico Alliance, comprised of the
States of Alabama, Florida, Louisiana, Mississippi, and
Texas.
(B) The Northeast Regional Ocean Council, comprised
of the States of Maine, Vermont, New Hampshire,
Massachusetts, Connecticut, and Rhode Island.
(C) The Mid-Atlantic Regional Council on the Ocean,
comprised of the States of New York, New Jersey,
Delaware, Maryland, and Virginia.
(D) The West Coast Ocean Alliance, comprised of the
States of California, Oregon, and Washington and the
coastal Indian Tribes therein.
(c) Governing Bodies of Regional Ocean Partnerships.--
(1) In general.--A Regional Ocean Partnership designated
under subsection (b) shall be governed by a governing body.
(2) Membership.--A governing body described in paragraph
(1)--
(A) shall be comprised, at a minimum, of voting
members from each coastal state participating in the
Regional Ocean Partnership, designated by the Governor
of the coastal state; and
(B) may include such other members as the
partnership considers appropriate.
(d) Functions.--A Regional Ocean Partnership designated under
subsection (b) may perform the following functions:
(1) Promote coordination of the actions of the agencies of
coastal states participating in the partnership with the
actions of the appropriate officials of Federal agencies and
State and Tribal governments in developing strategies--
(A) to conserve living resources, increase valuable
habitats, enhance coastal resilience and ocean
management, and address such other issues related to
the shared ocean or coastal area as are determined to
be a shared, regional priority by those states; and
(B) to manage regional data portals and develop
associated data products for purposes that support the
priorities of the partnership.
(2) In cooperation with appropriate Federal and State
agencies, Tribal governments, and local authorities, develop
and implement specific action plans to carry out coordination
goals.
(3) Coordinate and implement priority plans and projects,
and facilitate science, research, modeling, monitoring, data
collection, and other activities that support the goals of the
partnership through the provision of grants and contracts under
subsection (e).
(4) Engage, coordinate, and collaborate with relevant
governmental entities and stakeholders to address ocean and
coastal related matters that require interagency or
intergovernmental solutions.
(5) Implement outreach programs for public information,
education, and participation to foster stewardship of the
resources of the ocean and coastal areas, as relevant.
(6) Develop and make available, through publications,
technical assistance, and other appropriate means, information
pertaining to cross-jurisdictional issues being addressed
through the coordinated activities of the partnership.
(7) Serve as a liaison with, and provide information to,
international counterparts, as appropriate on priority issues
for the partnership.
(e) Grants and Contracts.--
(1) In general.--A Regional Ocean Partnership designated
under subsection (b) may, in coordination with existing Federal
and State management programs, from amounts made available to
the partnership by the Administrator or the head of another
Federal agency--
(A) provide grants to eligible persons described in
paragraph (2) for the purposes described in paragraph
(3); and
(B) enter into contracts with such persons for such
purposes.
(2) Eligible persons.--The eligible persons described in
this paragraph are the following:
(A) Indian Tribes.
(B) State and local governments.
(C) Nongovernmental organizations.
(D) Institutions of higher education.
(E) Individuals.
(F) Private entities.
(3) Purposes.--The purposes described in this paragraph
include any of the following:
(A) Monitoring the water quality and living
resources of multi-State ocean and coastal ecosystems
and coastal communities.
(B) Researching and addressing the effects of
natural and human-induced environmental changes on--
(i) ocean and coastal ecosystems; and
(ii) coastal communities.
(C) Developing and executing cooperative strategies
that--
(i) address regional data issues identified
by the partnership; and
(ii) will result in more effective
management of common ocean and coastal areas.
(f) Reports and Assessments.--
(1) In general.--Not later than 5 years after the date of
the enactment of this Act, and every 5 years thereafter until
2040, the Administrator, in coordination with the Regional
Ocean Partnerships designated under subsection (b), shall--
(A) assess the effectiveness of the partnerships in
supporting regional priorities relating to the
management of common ocean and coastal areas; and
(B) submit to Congress a report on that assessment.
(2) Report requirements.--The report required under
paragraph (1)(B) shall include the following:
(A) An assessment of the overall status of the work
of the Regional Ocean Partnerships designated under
subsection (b).
(B) An assessment of the effectiveness of the
strategies that the Regional Ocean Partnerships are
supporting or implementing and the extent to which the
priority needs of the regions covered by such
partnerships are being met through such strategies.
(C) Such recommendations as the Administrator may
have for the improvement of efforts of the Regional
Ocean Partnerships to support the purposes of this Act.
(D) An assessment of how the efforts of the
Regional Ocean Partnerships support or enhance Federal
and State efforts in line with the purposes of this
Act.
(E) Recommendations for improvements to the
collective strategies that support the purposes of this
Act in coordination and consultation with all relevant
Federal, State, and Tribal entities.
(g) Availability of Federal Funds.--In addition to amounts made
available to Regional Ocean Partnerships designated under subsection
(b) by the Administrator under this section, the head of any other
Federal agency may provide grants to, enter into contracts with, or
otherwise provide funding to such partnerships.
(h) Authorities.--Nothing in this section establishes any new legal
or regulatory authority of the National Oceanic and Atmospheric
Administration or of the Regional Ocean Partnerships designated under
subsection (b), other than--
(1) the authority of the Administrator to provide amounts
to the partnerships; and
(2) the authority of the partnerships to provide grants and
enter into contracts under subsection (e).
(i) Funding.--
(1) In general.--Of amounts authorized to be appropriated
to the National Oceanic and Atmospheric Administration, the
Administrator may make the following amounts available to
Regional Ocean Partnerships designated under subsection (b) or
designated fiscal management entities of such partnerships to
carry out activities of the partnerships under this Act:
(A) $10,000,000 for fiscal year 2020.
(B) $10,100,000 for fiscal year 2021.
(C) $10,202,000 for fiscal year 2022.
(D) $10,306,040 for fiscal year 2023.
(E) $10,412,160 for fiscal year 2024.
(F) $10,520,404 for fiscal year 2025.
(2) Distribution of amounts.--Amounts made available under
paragraph (1) shall be divided evenly among the Regional Ocean
Partnerships designated under subsection (b).
(3) Availability of amounts.--Amounts made available under
paragraph (1) shall remain available until expended.
Calendar No. 396
116th CONGRESS
1st Session
S. 2166
[Report No. 116-185]
_______________________________________________________________________
A BILL
To designate Regional Ocean Partnerships of the National Oceanic and
Atmospheric Administration, and for other purposes.
_______________________________________________________________________
December 19, 2019
Reported with an amendment