[Senate Report 107-340]
[From the U.S. Government Publishing Office]
107th Congress Report
SENATE
2d Session 107-340
=========================================================================
Calendar No. 753
FISHERIES CONSERVATION ACT OF 2002
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
On
H.R. 1989
DATE deg.November 13, 2002.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred seventh congress
second session
ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
RON WYDEN, Oregon SAM BROWNBACK, Kansas
MAX CLELAND, Georgia GORDON SMITH, Oregon
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
Kevin D. Kayes, Staff Director
Moses Boyd, Chief Counsel
Gregg Elias, General Counsel
Jeanne Bumpus, Republican Staff Director and General Counsel
Ann Begeman, Republican Deputy Staff Director
Robert W. Chamberlin, Republican Chief Counsel
Calendar No. 753
107th Congress Report
SENATE
2d Session 107-340
======================================================================
FISHERIES CONSERVATION ACT OF 2002
_______
November 13, 2002.--Ordered to be printed
_______
Mr. Hollings, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany H.R. 1989]
The Committee on Commerce, Science, and Transportation, to
which was referred the Act (H.R. 1989) to reauthorize various
fishing conservation management programs, and for other
purposes, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute and recommends
that the Act (as amended) do pass.
Purpose of the Bill
The purpose of H.R. 1989, the Fisheries Conservation Act of
2002, is to reauthorize the Interjurisdictional Fisheries Act
of 1986, the Anadromous Fisheries Conservation Act of 1965, the
Atlantic Tunas Convention Act of 1975, and the Northwest
Atlantic Fisheries Conservation Act of 1995, through fiscal
year (FY) 2006, and to make technical changes to the Oceans Act
of 2000.
Background and Needs
This legislation would reauthorize, through FY 2006, four
existing Acts dealing with the preservation and enhancement of
various fish species. In addition, the legislation would adjust
specific deadlines relating to the activities of the United
States Commission on Ocean Policy.
The Interjurisdictional Fisheries Act and the Anadromous
Fisheries Conservation Act provide grants to States to allow
them to conduct research to help improve the way fisheries are
managed, fund enforcement activities, rebuild habitat, and take
other measures to improve the survival of fish species that
travel across State boundaries or over great distances. The
authorizations for these Acts expired in FY 2000. H.R. 1989, as
reported by the Committee, would authorize appropriations
through FY 2006.
The Atlantic Tunas Convention Act and the Northwest
Atlantic Fisheries Convention Act implement international
treaties to which the United States is a party. The Atlantic
Tunas Convention Act allows the United States to implement
conservation recommendations by the International Commission
for the Conservation of Atlantic Tunas, while the Northwest
Atlantic Fisheries Convention Act allows the United States to
implement recommendations of the Northwest Atlantic Fisheries
Organization. Authorizations for these Acts expired in FY 2001.
H.R. 1989, as reported by the Committee, would authorize
appropriations through FY 2006.
Legislative History
H.R. 1989 was reported by the House of Representatives
Committee on Resources on September 12, 2001, and passed by the
House of Representatives on December 11, 2001. It was received
in the Senate on December 12, 2001, and referred to the Senate
Committee on Commerce, Science, and Transportation. An
amendment in the nature of a substitute was agreed to at the
executive session of the Committee on September 19, 2002. The
Act was ordered to be reported as amended.
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 3, 2002.
Hon. Ernest F. Hollings,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1989, the
Fisheries Conservation Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis (for federal costs) and Marjorie Miller (for the state and
local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1989--Fisheries Conservation Act of 2002
Summary: H.R. 1989 would reauthorize appropriations for
programs carried out by the National Oceanic and Atmospheric
Administration (NOAA) under five fisheries statutes. These laws
authorize various grant programs, studies, reports and
operations of the National Marine Fisheries Service (NMFS) of
NOAA. Assuming appropriations of the authorized amounts for
fiscal years 2003 through 2006, CBO estimates that implementing
the act would cost $12 million in 2003 and $68 million over the
2003-2007 period. (An estimated $3 million would be spent after
2007). The act would not affect direct spending over revenues.
The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA) and would impose no costs on state, local, or tribal
governments. This act would reauthorized funding for programs
that include grants to states and to multistate organizations.
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 1989 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------
2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Selected NMFS Programs:
Authorization level \1\................................... 18 17 18 18 0
Estimated outlays......................................... 12 15 17 18 6
----------------------------------------------------------------------------------------------------------------
\1\ Approximately $14 million was appropriated for fiscal year 2002 for the NMFS programs authorized by H.R.
1989. A full-year appropriation for 2003 has not yet been enacted for these programs.
Basis of estimate: For this estimate, CBO assumes that the
amounts authorized by the legislation will be appropriated for
each of fiscal years 2003 through 2006 and that outlays will
follow historical spending patterns for the authorized NMFS
programs. The fiscal year 2003 authorization level includes
$1.5 million for the Commission on Ocean Policy to complete its
report, due at the end of fiscal year 2003. H.R. 1989 would
raise the authorization level for that project from $6 million
to $8.5 million, but appropriations to date already exceed the
existing authorization level by $1 million, making the act's
net additional authorization $1.5 million.
Intergovernmental and private-sector impact: H.R. 1989
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. This legislation would reauthorize funding
for programs that include grants to states and to multistate
organizations.
Previous CBO estimate: On October 1, 2001, CBO transmitted
a cost estimate for H.R. 1989 as ordered reported by the House
Committee on Resources on September 12, 2001. CBO's cost
estimates reflect the different provisions in these versions of
the legislation.
Estimate prepared by: Federal costs: Deborah Reis; impact
on state, local, and tribal governments: Susan Seig Tompkins;
impact on the private sector: Lauren Marks.
Estimated approved by: Peter H. Fontaine, 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:
Because H.R. 1989 does not create any new programs, the
legislation would have no additional regulatory impact and
would not result in any additional reporting requirements. The
legislation would have no further effect on the number or types
of individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
Section-by-Section Analysis
TITLE I--INTERJURISDICTIONAL FISHERIES ACT OF 1986
Sec. 1. Short title
This section would provide that the short title of the Act is
``The Fisheries Conservation Act of 2002''.
Section 101. Reauthorization of the Interjurisdictional Fisheries Act
of 1986
This section would amend section 308 of the
Interjurisdictional Fisheries Act by authorizing the grants to
States through the Interjurisdictional Fisheries Act at $5.4
million for FY 2003 and FY 2004, and $5.9 million for FY 2005
and FY 2006. It also would amend section 308(c) to authorize
increased funding for the Interstate Fisheries Commissions
through the Interjurisdictional Fisheries Act at $850,000 for
FY 2003 and FY 2004, and $900,000 for FY 2005 and FY 2006.
Section 102. Purposes of the Interjurisdictional Fisheries Act of 1986
This section would amend section 302 of the
Interjurisdictional Fisheries Act of 1986 by adding language to
promote and encourage research in the preparation and use of
ecosystems and interspecies approaches for the conservation and
management of interjurisdictional fishery resources throughout
their range.
TITLE II--ANADROMOUS FISH CONSERVATION ACT
Section 201. Reauthorization of Anadromous Fish Conservation Act
This section would amend section 4 of the Anadromous
Fisheries Conservation Act (16 U.S.C. 757(a)-757(d)) by
authorizing appropriations for grants to States through the
Anadromous Fisheries Conservation Act at $4.75 million for FY
2003 and FY 2004, and $5.0 million for FY 2005 and FY 2006.
Section 202. Research on and Use of Ecosystems and Interspecies
Approaches to Conservation and Management
This section also would amend the Anadromous Fisheries
Conservation Act by adding language to promote and encourage
research in the preparation and use of ecosystems and
interspecies approaches for the conservation and management of
anadromous and Great Lakes fishery resources.
TITLE III--ATLANTIC TUNAS CONVENTION ACT OF 1975
Section 301. Reauthorization of the Atlantic Tunas Convention Act of
1975
This section would amend section 10 of the Atlantic Tunas
Convention Act of 1975 by authorizing appropriations at $5.48
million for the implementation of the Atlantic Tunas Convention
Act for FY 2003 and FY 2004, and $5.495 million for FY 2005 and
FY 2006.
TITLE IV--NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995
Section 401. Reauthorization of the Northwest Atlantic Fisheries
Convention Act of 1995
This section would amend section 211 of the Northwest
Atlantic Fisheries Convention Act by extending the
authorization through FY 2006.
TITLE V--EXTENSION OF DEADLINE FOR SUBMISSION OF OCEAN POLICY REPORT
Section 501. Extension of deadline
This section would amend section (3)(i) of the Oceans Act of
2000 by increasing the number of days that the Commission will
exist after the submission of the final report from 30 days to
90 days; and amend section (4)(a) of the Act by decreasing the
number of days that the President has to submit his
recommendations to Congress following the receipt of the report
from 120 days to 90 days. Additionally, the Act would amend
section 3(j) of the Oceans Act, which provides an appropriation
for the 3-year time frame covering fiscal years 2001-2003, by
increasing the authorization of appropriations from $6 million
to $8.5 million. This increase of $2.5 million would fund
remaining activities in FY 2003.
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):
ANADROMOUS FISH CONSERVATION ACT
FIRST SECTION
[16 U.S.C. 757a]
That (a) [F]or the purpose of conserving, developing, and
enhancing within the several States the anadromous fishery
resources of the Nation that are subject to depletion from
water resources developments and other causes, or with respect
to which the United States has made conservation commitments by
international agreements, and for the purpose of conserving,
developing, and enhancing the fish in the Great Lakes and Lake
Champlain that ascend streams to spawn, the Secretary of the
Interior is authorized to enter into cooperative agreements
with one or more States, acting jointly or severally, that are
concerned with the development, conservation, and enhancement
of such fish, and, whenever he deems it appropriate, with other
non-Federal interests. Such agreements shall describe (1) the
actions to be taken by the Secretary and the cooperating
parties, (2) the benefits that are expected to be derived by
the States and other non-Federal interests, (3) the estimated
cost of these actions, (4) the share of such costs to be borne
by the Federal Government and by the States and other non-
Federal interests: Provided, That, except as provided in
subsection (c) of this section, the Federal share, including
the operation and maintenance costs of any facilities
constructed by the Secretary pursuant to this Act, which he
annually determines to be a proper Federal cost, shall not
exceed 50 per centum of such costs exclusive of the value of
any Federal land involved: Provided further, That the non-
Federal share may be in the form of real or personal property,
the value of which will be determined by the Secretary, as well
as money, (5) the term of the agreement, (6) the terms and
conditions for disposing of any real or personal property
acquired by the Secretary during or at the end of the term of
the agreement, and (7) such other terms and conditions as he
deems desirable.
(b)(1) The Secretary may also enter into agreements with the
States for the operation of any fiscal and management and
administration of any lands or interests therein acquired or
facilities constructed pursuant to this Act.
(2) In carrying out responsibilities under this section, the
Secretary shall conduct, promote, and encourage research in
preparation for the implementation of the use of ecosystems and
interspecies approaches to the conservation and management of
anadromous and Great Lakes fishery resources.
(c) Increase of Federal Share.--
(1) Whenever two or more States having a common
interest in any basin jointly enter into a cooperative
agreement with the Secretary under subsection (a) of
this section to carry out a research and development
program to conserve, develop, and enhance anadromous
fishery resources of the Nation, or fish in the Great
Lakes and Lake Champlain that ascend streams to spawn,
the Federal share of the program costs shall be
increased to a maximum of 66\2/3\ per centum.
(2) In the case of any State that has implemented an
interstate fisheries management plan for anadromous
fishery resources, prepared by an interstate commission
the Federal share of any grant made under this section
to carry out activities required by such plan shall be
up to 90 percent. For purposes of this paragraph, the
term ``interstate commission'' means--
(A) the commission established by the
Atlantic States Marine Fisheries Compact (as
consented to and approved by Public Law 80-77),
approved May 4, 1942 (56 Stat. 267);
(B) the commission established by the Pacific
Marine Fisheries Compact (as consented to and
approved by Public Law 80-232), approved July
24, 1947 (16 Stat. 419); and
(C) the commission established by the Gulf
States Marine Fisheries Compact (as consented
to and approved by Public Law 81-66), approved
May 19, 1949 (63 Stat. 70).
* * * * * * *
AUTHORIZATION OF APPROPRIATIONS
[16 U.S.C. 757d]
[Sec. 4.(a)(1) There are authorized to be appropriated to
carry out the purposes of this Act not to exceed the following
sums:
[(A) $4,000,000 for fiscal year 1997; and
[(B) $4,250,000 for each of fiscal years 1998, 1999,
and 2000.
[(2) Sums appropriated under this subsection are authorized
to remain available until expended.
[(b) Not more than $625,000 of the funds appropriated under
this section in any one fiscal year shall be obligated in any
one State.]
AUTHORIZATION OF APPROPRIATIONS
Sec. 4.(a)(1) There are authorized to be appropriated to
carry out the purposes of this Act not to exceed the following
sums:
(A) $4,500,000 for fiscal year 2002;
(B) $4,750,000 for each of fiscal years 2003 and
2004; and
(C) $5,000,000 for each of fiscal years 2005 and
2006.
(2) Funds to remain available until expended.--Sums
appropriated under this subsection are authorized to remain
available until expended.
(b) Not more than $625,000 of the funds appropriated under
this section in any one fiscal year shall be obligated in any
one State.
* * * * * * *
ATLANTIC TUNAS CONVENTION ACT OF 1975
[AUTHORIZATION OF APPROPRIATIONS
[16 U.S.C. 971h]
[Sec. 10. There are authorized to be appropriated to carry
out this Act, including use for payment of the United States
share of the joint expenses of the Commission as provided in
Article X of the Convention, the following sums:
[(1) For fiscal year 1995, $4,103,000, of which
$50,000 are authorized in the aggregate for the
advisory committee established under section 4 and the
species working groups established under section 4A,
and $2,890,000 are authorized for research activities
under this Act and the Act of September 4, 1980 (16
U.S.C. 971i).
[(2) For fiscal year 1996, $5,453,000, of which
$50,000 are authorized in the aggregate for such
advisory committee and such working groups, and
$4,240,000 are authorized for such research activities.
[(3) For fiscal year 1997, $5,465,000 of which
$62,000 are authorized in the aggregate for such
advisory committee and such working groups, and
$4,240,000 are authorized for such research activities.
[(4) For each of fiscal years 1998, 1999, 2000, and
2001, $5,465,000 of which $75,000 are authorized in the
aggregate for such advisory committee and such working
groups, and $4,240,000 are authorized for such research
activities.]
AUTHORIZATION OF APPROPRIATIONS
Sec. 10. (a) In General.--There are authorized to be
appropriated to carry out this Act, including use for payment
of the United States share of the joint expenses of the
Commission as provided in Article X of the Convention, the
following sums:
(1) For each of fiscal years 2002, 2003, and 2004,
$5,480,000.
(2) For each of fiscal years 2005 and 2006,
$5,495,000.
(b) Allocation.--Of amounts available under this section for
each fiscal year--
(1) $150,000 are authorized for the advisory
committee established under section 4 and the species
working groups established under section 4A; and
(2) $4,240,000 are authorized for research activities
under this Act and the Act of September 4, 1980 (16
U.S.C. 971i).
* * * * * * *
INTERJURISIDICTIONAL FISHERIES ACT OF 1986
SEC. 302. PURPOSES.
[16 U.S.C. 4101]
The purposes of this title are--
(1) to promote and encourage State activities in
support of the management of interjurisdictional
fishery resources; [and]
(2) to promote and encourage management of
interjurisdictional fishery resources throughout their
[range.] range; and
(3) to promote and encourage research in preparation
for the implementation of the use of ecosystems and
interspecies approaches to the conservation and
management of interjurisdictional fishery resources
throughout their range.
* * * * * * *
SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
[16 U.S.C. 4107]
[(a) General Appropriations.--There are authorized to be
appropriated to the Department of Commerce for apportionment to
carry out the purposes of this title--
[(1) $3,400,000 for fiscal year 1996;
[(2) $3,900,000 for fiscal year 1997;
[(3) $4,400,000 for each of the fiscal years 1998,
1999, and 2000.]
(a) General Appropriations.--There are authorized to be
appropriated to the Department of Commerce for apportionment to
carry out the purposes of this title--
(1) $4,900,000 for fiscal year 2002;
(2) $5,400,000 for each of fiscal years 2003 and
2004; and
(3) $5,900,000 for each of fiscal years 2005 and
2006.
(b) Additional Appropriations.--In addition to the amounts
authorized in subsection (a), there are authorized to be
appropriated to the Department of Commerce $65,000,000 for each
of the fiscal years 1994 and 1995, which shall be available in
such amounts as the Secretary may determine appropriate for the
purposes of this title; except that--
(1) in providing funds to States under this
subsection, the Secretary shall give a preference to
those States regarding which the Secretary determines
there is a commercial fishery failure or serious
disruption affecting future production due to a fishery
resource disaster arising from natural or undetermined
causes, and any sums made available under this
subsection may be used either by the States or directly
by the Secretary in cooperation with the States for any
purpose that the Secretary determines is appropriate to
restore the fishery affected by such a failure or to
prevent a similar failure in the future;
(2) the funds authorized to be appropriated under
this subsection shall not be available to the Secretary
for use as grants for chartering fishing vessels; and
(3) the Federal share of the cost of any activity
carried out with an amount appropriated under the
authority of this subsection shall be 75 percent of the
cost of that activity.
Amounts appropriated under this subsection shall remain
available until expended.
(c) Development of Management Plans.--In addition to the
amounts authorized under subsections (a) and (b), there are
authorized to be appropriated to the Department of Commerce
[$700,000 for fiscal year 1997, and $750,000 for each of the
fiscal years 1998, 1999, and 2000,] $800,000 for fiscal year
2002, $850,000 for each of fiscal years 2003 and 2004, and
$900,000 for each of fiscal years 2005 and 2006 to support the
efforts of the following interstate commissions to develop
interstate fishery management plans for interjurisdictional
fishery resources:
(1) The commission established by the Atlantic States
Marine Fisheries Compact, as consented to and approved
by Public Law 77-539 (56 Stat. 267), approved May 4,
1942.
(2) The commission established by the Pacific Marine
Fisheries Compact, as consented to and approved by
Public Law 80-232 (61 Stat. 419), approved July 24,
1947.
(3) The commission established by the Gulf States
Marine Fisheries Compact, as consented to and approved
by Public Law 81-66 (63 Stat. 70), approved May 19,
1949.
(d) Assistance to Commercial Fishermen.--
(1) In addition to the amounts authorized under
subsections (a), (b), and (c), there are authorized to
be appropriated to the Department of Commerce
$65,000,000 for fiscal year 1992 to enable the
Secretary to help persons engaged in commercial
fisheries, either by providing assistance directly to
those persons or by providing assistance indirectly
through States and local government agencies and
nonprofit organizations, for projects or other measures
to alleviate harm determined by the Secretary to have
been incurred as a direct result of a fishery resource
disaster arising from Hurricane Hugo, Hurricane Andrew,
Hurricane Iniki, or any other natural disaster. Amounts
appropriated under this subsection shall remain
available until expended.
(2) The Secretary shall determine the extent, and the
beginning and ending dates, of any fishery resource
disaster under this subsection.
(3) Eligibility for direct assistance to a person
under this subsection shall be limited to any person
that has less than $2,000,000 in net revenues annually
from commercial fishing, as determined by the
Secretary.
(4)(A) Assistance may not be provided under this
subsection as part of a fishing capacity reduction
program in a fishery unless the Secretary determines
that adequate conservation and management measures are
in place in that fishery.
(B) As a condition of awarding assistance with
respect to a vessel under a fishing capacity reduction
program, the Secretary shall--
(i) prohibit the vessel from being used for
fishing; and
(ii) require that the vessel be--
(I) scrapped or otherwise disposed of
in a manner approved by the Secretary;
or
(II) donated to a nonprofit
organization and thereafter used only
for purposes of research, education, or
training; or
(III) used for another non-fishing
purpose provided the Secretary
determines that adequate measures are
in place to ensure that the vessel
cannot reenter any fishery.
(C) A vessel that is prohibited from fishing under
subparagraph (B) shall not be eligible for a fishery
endorsement under section 12108(a) of title 46, United
States Code, and any such endorsement for the vessel
shall not be effective.
(5) The Secretary shall establish, after notice and
opportunity for public comment, appropriate
limitations, terms, and conditions for receiving
assistance under this subsection.
(6) As used in this subsection, the term ``person''
means any individual or any corporation, partnership,
trust, association, or other nongovernmental entity.
(7) With respect to funds available for the New
England region, the Secretary shall submit to the
Congress by January 1, 1997, with annual updates
thereafter as appropriate, a report on the New England
fishing capacity reduction initiative which provides--
(A) the total number of Northeast
multispecies permits in each permit category
and calculates the maximum potential fishing
capacity of vessels holding such permits based
on the principal gear, gross registered
tonnage, engine horsepower, length, age, and
other relevant characteristics;
(B) the total number of days at sea available
to the permitted Northeast multispecies fishing
fleet and the total days at sea weighted by the
maximum potential fishing capacity of the
fleet;
(C) an analysis of the extent to which the
weighted days at sea are used by the active
participants in the fishery and of the
reduction in such days as a result of the
fishing capacity reduction program; and
(D) an estimate of conservation benefits
(such as reduction in fishing mortality)
directly attributable to the fishing capacity
reduction program.
* * * * * * *
NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1965
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
[16 U.S.C. 5610]
There are authorized to be appropriated to carry out this
title, including use for payment as the United States
contribution to the Organization as provided in Article XVI of
the Convention, $500,000 for each fiscal year through fiscal
year [2001.] 2006.
* * * * * * *
OCEANS ACT OF 2000
SEC. 3. COMMISSION ON OCEAN POLICY.
(a) Establishment.--There is hereby established the
Commission on Ocean Policy. The Federal Advisory Committee Act
(5 U.S.C. App.), except for sections 3, 7, and 12, does not
apply to the Commission.
(b) Membership.--
(1) Appointment.--The Commission shall be composed of
16 members appointed by the President from among
individuals described in paragraph (2) who are
knowledgeable in ocean and coastal activities,
including individuals representing State and local
governments, ocean-related industries, academic and
technical institutions, and public interest
organizations involved with scientific, regulatory,
economic, and environmental ocean and coastal
activities. The membership of the Commission shall be
balanced by area of expertise and balanced
geographically to the extent consistent with
maintaining the highest level of expertise on the
Commission.
(2) Nominations.--The President shall appoint the
members of the Commission, within 90 days after the
effective date of this Act, including individuals
nominated as follows:
(A) 4 members shall be appointed from a list
of 8 individuals who shall be nominated by the
Majority Leader of the Senate in consultation
with the Chairman of the Senate Committee on
Commerce, Science, and Transportation.
(B) 4 members shall be appointed from a list
of 8 individuals who shall be nominated by the
Speaker of the House of Representatives in
consultation with the Chairmen of the House
Committees on Resources, Transportation and
Infrastructure, and Science.
(C) 2 members shall be appointed from a list
of 4 individuals who shall be nominated by the
Minority Leader of the Senate in consultation
with the Ranking Member of the Senate Committee
on Commerce, Science, and Transportation.
(D) 2 members shall be appointed from a list
of 4 individuals who shall be nominated by the
Minority Leader of the House in consultation
with the Ranking Members of the House
Committees on Resources, Transportation and
Infrastructure, and Science.
(3) Chairman.--The Commission shall select a Chairman
from among its members. The Chairman of the Commission
shall be responsible for--
(A) the assignment of duties and
responsibilities among staff personnel and
their continuing supervision; and
(B) the use and expenditure of funds
available to the Commission.
(4) Vacancies.--Any vacancy on the Commission shall
be filled in the same manner as the original incumbent
was appointed.
(c) Resources.--In carrying out its functions under this
section, the Commission--
(1) is authorized to secure directly from any Federal
agency or department any information it deems necessary
to carry out its functions under this Act, and each
such agency or department is authorized to cooperate
with the Commission and, to the extent permitted by
law, to furnish such information (other than
information described in section 552(b)(1)(A) of title
5, United States Code) to the Commission, upon the
request of the Commission;
(2) may enter into contracts, subject to the
availability of appropriations for contracting, and
employ such staff experts and consultants as may be
necessary to carry out the duties of the Commission, as
provided by section 3109 of title 5, United States
Code; and
(3) in consultation with the Ocean Studies Board of
the National Research Council of the National Academy
of Sciences, shall establish a multidisciplinary
science advisory panel of experts in the sciences of
living and non-living marine resources to assist the
Commission in preparing its report, including ensuring
that the scientific information considered by the
Commission is based on the best scientific information
available.
(d) Staffing.--The Chairman of the Commission may, without
regard to the civil service laws and regulations, appoint and
terminate an Executive Director and such other additional
personnel as may be necessary for the Commission to perform its
duties. The Executive Director shall be compensated at a rate
not to exceed the rate payable for Level V of the Executive
Schedule under section 5136 of title 5, United States Code. The
employment and termination of an Executive Director shall be
subject to confirmation by a majority of the members of the
Commission.
(e) Meetings.--
(1) Administration.--The meetings of the Commission
shall be open to the public, except that a meeting or
any portion of it may be closed to the public if it
concerns matters or information described in section
552b(c) of title 5, United States Code. Interested
persons shall be permitted to appear at open meetings
and present oral or written statements on the subject
matter of the meeting. The Commission may administer
oaths or affirmations to any person appearing before
[it:] it.
(2) Notice; minutes; public availability of
documents.--
(A) All open meetings of the Commission shall
be preceded by timely public notice in the
Federal Register of the time, place, and
subject of the meeting.
(B) Minutes of each meeting shall be kept and
shall contain a record of the people present, a
description of the discussion that occurred,
and copies of all statements filed. Subject to
section 552 of title 5, United States Code, the
minutes and records of all meetings and other
documents that were made available to or
prepared for the Commission shall be available
for public inspection and copying at a single
location in the offices of the Commission.
[(2)] (3) Initial meeting.--The Commission shall hold
its first meeting within 30 days after all 16 members
have been appointed.
[(3)] (4) Required public meetings.-- The Commission
shall hold at least one public meeting in Alaska and
each of the following regions of the United States:
(A) The Northeast (including the Great
Lakes).
(B) The Southeast (including the Caribbean).
(C) The Southwest (including Hawaii and the
Pacific Territories).
(D) The Northwest.
(E) The Gulf of Mexico.
(f) Report.--
(1) In general.--Within 18 months after the
establishment of the Commission, the Commission shall
submit to Congress and the President a final report of
its findings and recommendations regarding United
States ocean policy.
(2) Required matter.--The final report of the
Commission shall include the following assessment,
reviews, and recommendations:
(A) An assessment of existing and planned
facilities associated with ocean and coastal
activities including human resources, vessels,
computers, satellites, and other appropriate
platforms and technologies.
(B) A review of existing and planned ocean
and coastal activities of Federal entities,
recommendations for changes in such activities
necessary to improve efficiency and
effectiveness and to reduce duplication of
Federal efforts.
(C) A review of the cumulative effect of
Federal laws and regulations on United States
ocean and coastal activities and resources and
an examination of those laws and regulations
for inconsistencies and contradictions that
might adversely affect those ocean and coastal
activities and resources, and recommendations
for resolving such inconsistencies to the
extent practicable. Such review shall also
consider conflicts with State ocean and coastal
management regimes.
(D) A review of the known and anticipated
supply of, and demand for, ocean and coastal
resources of the United States.
(E) A review of and recommendations
concerning the relationship between Federal,
State, and local governments and the private
sector in planning and carrying out ocean and
coastal activities.
(F) A review of opportunities for the
development of or investment in new products,
technologies, or markets related to ocean and
coastal activities.
(G) A review of previous and ongoing State
and Federal efforts to enhance the
effectiveness and integration of ocean and
coastal activities.
(H) Recommendations for any modifications to
United States laws, regulations, and the
administrative structure of Executive agencies,
necessary to improve the understanding,
management, conservation, and use of, and
access to, ocean and coastal resources.
(I) A review of the effectiveness and
adequacy of existing Federal interagency ocean
policy coordination mechanisms, and
recommendations for changing or improving the
effectiveness of such mechanisms necessary to
respond to or implement the recommendations of
the Commission.
(3) Consideration of factors.--In making its
assessment and reviews and developing its
recommendations, the Commission shall give equal
consideration to environmental, technical feasibility,
economic, and scientific factors.
(4) Limitations.--The recommendations of the
Commission shall not be specific to the lands and
waters within a single State.
(g) Public and Coastal State Review.--
(1) Notice.--Before submitting the final report to
the Congress, the Commission shall--
(A) publish in the Federal Register a notice
that a draft report is available for public
review; and
(B) provide a copy of the draft report to the
Governor of each coastal State, the Committees
on Resources, Transportation and
Infrastructure, and Science of the House of
Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) Inclusion of governors' comments.--The Commission
shall include in the final report comments received
from the Governor of a coastal State regarding
recommendations in the draft report.
(h) Administrative Procedure for Report and Review.--Chapter
5 and chapter 7 of title 5, United States Code, do not apply to
the preparation, review, or submission of the report required
by subsection (e) or the review of that report under subsection
(f).
(i) Termination.--The Commission shall cease to exist [30
days] 90 days after the date on which it submits its final
report.
(j) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section a total of
[$6,000,000] $8,500,000 for the 3 fiscal-year period beginning
with fiscal year 2001, such sums to remain available until
expended.
SEC. 4. NATIONAL OCEAN POLICY.
(a) National Ocean Policy.--Within [120 days] 90 days after
receiving and considering the report and recommendations of the
Commission under section 3, the President shall submit to
Congress a statement of proposals to implement or respond to
the Commission's recommendations for a coordinated,
comprehensive, and long-range national policy for the
responsible use and stewardship of ocean and coastal resources
for the benefit of the United States. Nothing in this Act
authorizes the President to take any administrative or
regulatory action regarding ocean or coastal policy, or to
implement a reorganization plan, not otherwise authorized by
law in effect at the time of such action.
(b) Cooperation and Consultation.--In the process of
developing proposals for submission under subsection (a), the
President shall consult with State and local governments and
non-Federal organizations and individuals involved in ocean and
coastal activities.