Text: S.362 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-449 (12/22/2006)

 
[109th Congress Public Law 449]
[From the U.S. Government Printing Office]


[DOCID: f:publ449.109]

[[Page 120 STAT. 3333]]

Public Law 109-449
109th Congress

                                 An Act


 
   To establish a program within the National Oceanic and Atmospheric 
   Administration and the United States Coast Guard to help identify, 
determine sources of, assess, reduce, and prevent marine debris and its 
  adverse impacts on the marine environment and navigation safety, in 
         coordination with non-Federal entities, and for other 
             purposes. <<NOTE: Dec. 22, 2006 -  [S. 362]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Marine Debris Research, 
Prevention, and Reduction Act. 33 USC 1951 note.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Debris Research, Prevention, 
and Reduction Act''.

SEC. 2. <<NOTE: 33 USC 1951.>> 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. 3. <<NOTE: 33 USC 1952.>> 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 the occurrence and 
adverse impacts of marine debris on 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

[[Page 120 STAT. 3334]]

                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).

    (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).
            (2) Grant cost sharing requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), Federal funds for any grant under this section may 
                not exceed 50 percent of the total cost of such project. 
                For purposes of this subparagraph, the non-Federal share 
                of project costs may be provided by in-kind 
                contributions and other noncash support.
                    (B) Waiver.--The Administrator may waive all or part 
                of the matching requirement under subparagraph (A) if 
                the Administrator determines that no reasonable means 
                are available through which applicants can meet the 
                matching requirement and the probable benefit of such

[[Page 120 STAT. 3335]]

                project outweighs the public interest in such matching 
                requirement.
            (3) Amounts paid and services rendered under consent.--
                    (A) Consent decrees and orders.--If authorized by 
                the Administrator or the Attorney General, as 
                appropriate, the non-Federal share of the cost of a 
                project carried out under this Act may include money 
                paid pursuant to, or the value of any in-kind service 
                performed under, an administrative order on consent or 
                judicial consent decree that will remove or prevent 
                marine debris.
                    (B) Other decrees and orders.--The non-Federal share 
                of the cost of a project carried out under this Act may 
                not include any money paid pursuant to, or the value of 
                any in-kind service performed under, any other 
                administrative order or court order.
            (4) Eligibility.--Any State, local, or tribal government 
        whose activities affect research or regulation of marine debris, 
        and any institution of higher education, nonprofit organization, 
        or commercial organization with expertise in a field related to 
        marine debris, is eligible to submit to the Administrator a 
        marine debris proposal under the grant program.
            (5) Grant criteria and guidelines.--
        Within <<NOTE: Deadline.>> 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) Project review and approval.--The Administrator shall--
                    (A) review each marine debris project proposal to 
                determine if it meets the grant criteria and supports 
                the goals of this Act;
                    (B) after considering any written comments and 
                recommendations based on the review, approve or 
                disapprove the proposal; and
                    (C) <<NOTE: Notification.>> provide notification of 
                that approval or disapproval to the person who submitted 
                the proposal.
            (7) 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. <<NOTE: 33 USC 1953.>> COAST GUARD PROGRAM.

    (a) Strategy.--The Commandant of the Coast Guard, in consultation 
with the Interagency Committee, shall--

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            (1) take actions to reduce violations of and improve 
        implementation of MARPOL Annex V and the Act to Prevent 
        Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to 
        the discard of plastics and other garbage from vessels;
            (2) take actions to cost-effectively monitor and enforce 
        compliance with MARPOL Annex V and the Act to Prevent Pollution 
        from Ships (33 U.S.C. 1901 et seq.), including through 
        cooperation and coordination with other Federal and State 
        enforcement programs;
            (3) take actions to improve compliance with requirements 
        under MARPOL Annex V and section 6 of the Act to Prevent 
        Pollution from Ships (33 U.S.C. 1905) that all United States 
        ports and terminals maintain and monitor the adequacy of 
        receptacles for the disposal of plastics and other garbage, 
        including through promoting voluntary government-industry 
        partnerships;
            (4) <<NOTE: Plan.>> develop and implement a plan, in 
        coordination with industry and recreational boaters, to improve 
        ship-board waste management, including recordkeeping, and access 
        to waste reception facilities for ship-board waste;
            (5) take actions to improve international cooperation to 
        reduce marine debris; and
            (6) establish a voluntary reporting program for commercial 
        vessel operators and recreational boaters to report incidents of 
        damage to vessels and disruption of navigation caused by marine 
        debris, and observed violations of laws and regulations relating 
        to the disposal of plastics and other marine debris.

    (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 <<NOTE: Contracts. Deadline. Reports.>> 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

[[Page 120 STAT. 3337]]

                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. <<NOTE: 33 USC 1954.>> 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) <<NOTE: Regulations.>> 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

[[Page 120 STAT. 3338]]

                          (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. 6. <<NOTE: 33 USC 1955.>> FEDERAL INFORMATION CLEARINGHOUSE.

    The Administrator, in coordination with the Interagency Committee, 
shall--
            (1) maintain a Federal information clearinghouse on marine 
        debris that will be available to researchers and other 
        interested persons to improve marine debris source 
        identification, data sharing, and monitoring efforts through 
        collaborative research and open sharing of data; and
            (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. <<NOTE: 33 USC 1956.>> DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Interagency committee.--The term ``Interagency 
        Committee'' means the Interagency Marine Debris Coordinating 
        Committee established under section 2203 of the Marine Plastic 
        Pollution Research and Control Act of 1987 (33 U.S.C. 1914).

[[Page 120 STAT. 3339]]

            (3) 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.
            (4) MARPOL; annex v; convention.--The terms ``MARPOL'', 
        ``Annex V'', and ``Convention'' have the meaning given those 
        terms under section 2(a) of the Act to Prevent Pollution from 
        Ships (33 U.S.C. 1901(a)).
            (5) Navigable waters.--The term ``navigable waters'' means 
        waters of the United States, including the territorial sea.
            (6) Territorial sea.--The term ``territorial sea'' means the 
        waters of the United States referred to in Presidential 
        Proclamation No. 5928, dated December 27, 1988.
            (7) Program.--The term ``Program'' means the Marine Debris 
        Prevention and Removal Program established under section 3.
            (8) State.--The term ``State'' means--
                    (A) any State of the United States that is impacted 
                by marine debris within its seaward or Great Lakes 
                boundaries;
                    (B) the District of Columbia;
                    (C) American Samoa, Guam, the Northern Mariana 
                Islands, Puerto Rico, and the Virgin Islands; and
                    (D) any other territory or possession of the United 
                States, or separate sovereign in free association with 
                the United States, that is impacted by marine debris 
                within its seaward boundaries.

SEC. 8. <<NOTE: 33 USC 1957.>> RELATIONSHIP TO OUTER CONTINENTAL SHELF 
            LANDS ACT.

    Nothing in this Act supersedes, or limits the authority of the 
Secretary of the Interior under, the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.).

SEC. 9. <<NOTE: 33 USC 1958.>> AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each fiscal year 2006 
through 2010--
            (1) to the Administrator for carrying out sections 3 and 6, 
        $10,000,000, 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

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        Coast Guard in carrying out section 4, $2,000,000, of which no 
        more than 10 percent may be used for administrative costs.

    Approved December 22, 2006.

LEGISLATIVE HISTORY--S. 362:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-332, Pt. 1 (Comm. on Resources) and Pt. 2 (Comm. 
on Transportation and Infrastructure).
SENATE REPORTS: No. 109-56 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 151 (2005):
                                    July 1, considered and passed 
                                        Senate.
                                                        Vol. 152 (2006):
                                    Sept. 27, considered and passed 
                                        House, amended.
                                    Dec. 8, Senate concurred in House 
                                        amendment.

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