Oceans Act of 1999

Oceans Act of 1999 (Introduced in the Senate)
106th CONGRESS
S. 959

To establish a National Ocean Council, a Commission on Ocean Policy, and for other purposes. IN THE SENATE OF THE UNITED
STATES May 5, 1999 Mr. HOLLINGS (for himself, Mr. STEVENS, Mr. KERRY, Mr. INOUYE, Mr. BREAUX, Mr.KENNEDY, Mrs.
BOXER, Mr. BIDEN, Mr. LAUTENBERG, Mr. AKAKA, Mr. MURKOWSKI, Mr. THURMOND, Mrs. MURRAY, Mr. CLELAND, and Mr.
WYDEN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a National Ocean Council, a Commission on Ocean Policy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the `Oceans Act of 1999'.

SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE AND OBJECTIVES.
(a) FINDINGS- The Congress makes the following findings:

Covering more than two-thirds of the Earth's surface, the oceans and Great Lakes play a critical role in the global water cycle and in regulating climate, sustain a large part of Earth's biodiversity, provide an important source of food and a wealth of other natural products, act as a frontier to scientific exploration, are critical to national security, and provide a vital means of transportation. The coasts, transition between land and open ocean, are regions of remarkably high biological productivity, contribute more than 30 percent of the Gross Domestic Product, and are of considerable importance for recreation, waste disposal, and mineral exploration.
Ocean and coastal resources are susceptible to change as a direct and indirect result of human activities, and such changes can significantly impact the ability of the oceans and Great Lakes to provide the benefits upon which the Nation depends. Changes in ocean and coastal processes could affect global climate patterns, marine productivity and biodiversity, environmental quality, national security, economic competitiveness, availability of energy, vulnerability to natural hazards, and transportation safety and efficiency.
Ocean and coastal resources are not infinite, and human pressure on them is increasing. One half of the Nation's population lives within 50 miles of the coast, ocean and coastal resources once considered inexhaustible are now threatened with depletion, and if population trends continue as expected, pressure on and conflicting demands for ocean and coastal resources will increase further as will vulnerability to coastal hazards.
Marine transportation is key to United States participation in the global economy and to the wide range of activities carried out in ocean and coastal regions. Inland waterway and ports are the link between marine activities in ocean and coastal regions and the supporting transportation infrastructure ashore. International trade is expected to triple by 2020. The increase has the potential to
       outgrow--
            (A) the capabilities of the marine transportation system to ensure safety; and
            (B) the existing capacity of ports and waterways.
Marine technologies hold tremendous promise for expanding the range and increasing the utility of products from the oceans and Great Lakes, improving the stewardship of ocean and coastal resources, and contributing to business and manufacturing innovations and the creation of new jobs.
Research has uncovered the link between oceanic and atmospheric processes and improved understanding of world climate patterns and forecasts. Important new advances, including availability of military technology, have made feasible the exploration of large areas of the ocean which were inaccessible several years ago. In designating 1998 as `The Year of the Ocean', the United Nations highlighted the value of increasing our knowledge of the oceans.
It has been more than 30 years since the Commission on Marine Science, Engineering, and Resources (known as the Stratton Commission) conducted a comprehensive examination of ocean and coastal activities that led to enactment of major legislation and the establishment of key oceanic and atmospheric institutions.
A review of existing activities is essential to respond to the changes that have occurred over the past three decades and to develop an effective new policy for the twenty-first century to conserve and use, in a sustainable manner, ocean and coastal resources, protect the marine environment, explore ocean frontiers, protect human safety, and create marine technologies and economic opportunities.
Changes in United States laws and policies since the Stratton Commission, such as the enactment of the Coastal Zone Management Act, have increased the role of the States in the management of ocean and coastal resources.

SEC. 3. DEFINITIONS. As used in this Act--

The term `Commission' means the Commission on Ocean Policy.
The term `Council' means the National Ocean Council.
The term `marine environment' includes--
(A) the oceans, including coastal and offshore waters and the adjacent shore lands;
(B) the continental shelf;
(C) the Great Lakes; and
(D) the ocean and coastal resources thereof
The term `ocean and coastal activities' includes activities related to oceanography, fisheries and other ocean and coastal resource stewardship and use, marine aquaculture, energy and mineral resource extraction, marine transportation, recreation and tourism, waste management, pollution mitigation and prevention, and natural hazard reduction.
The term `ocean and coastal resource' means, with respect to the oceans, coasts, and Great Lakes, any living or non-living natural resource (including all forms of animal and plant life found in the marine environment, habitat, biodiversity, water quality, minerals, oil, and gas) and any significant historic, cultural or aesthetic resource.
The term `oceanography' means scientific exploration, including marine scientific research, engineering, mapping, surveying, monitoring, assessment, and information management, of the oceans, coasts, and Great Lakes--
(A) to describe and advance understanding of--
(i) the role of the oceans, coasts and Great Lakes in weather and climate, natural hazards, and the processes that regulate the marine environment; and
(ii) the manner in which such role, processes, and environment are affected by human actions;

(B) for the conservation, management and stewardship of living and nonliving resources; and
(C) to develop and implement new technologies related to the environmentally sensitive use of the marine environment.

(a) EXECUTIVE RESPONSIBILITIES- The President, with the assistance of the Council and the advice of the Commission, shall--
1. develop and maintain a coordinated, comprehensive, and long-range national policy with respect to ocean and coastal activities consistent with obligations of the United States under international law; and
2. with regard to Federal agencies and departments--
  (A) review significant ocean and coastal activities, including plans, priorities, accomplishments, and infrastructure requirements;
  (B) plan and implement an integrated and cost-effective program of ocean and coastal activities including, but not limited to, oceanography, stewardship of ocean and coastal resources, protection of the marine environment, maritime transportation safety and efficiency, marine recreation and tourism, and marine aspects of weather, climate, and natural hazards;
  (C) designate responsibility for funding and conducting ocean and coastal activities; and
  (D) ensure cooperation and resolve differences arising from laws and regulations applicable to ocean and coastal activities which result in conflicts among participants in such activities.
(b) COOPERATION AND CONSULTATION- In carrying out responsibilities under this Act, the President may use such staff, interagency, and advisory arrangements as the President finds necessary and appropriate and shall consult with non-Federal organizations and individuals involved in ocean and coastal activities.

SEC. 4. NATIONAL OCEAN AND COASTAL POLICY.

(a) EXECUTIVE RESPONSIBILITIES- The President, with the assistance of the Council and the advice of the Commission, shall--

develop and maintain a coordinated, comprehensive, and long-range national policy with respect to ocean and coastal activities consistent with obligations of the United States under international law; and
with regard to Federal agencies and departments--

(A) review significant ocean and coastal activities, including plans, priorities, accomplishments, and infrastructure requirements;
(B) plan and implement an integrated and cost-effective program of ocean and coastal activities including, but not limited to, oceanography, stewardship of ocean and coastal resources, protection of the marine environment, maritime transportation safety and efficiency, marine recreation and tourism, and marine aspects of weather, climate, and natural hazards;
(C) designate responsibility for funding and conducting ocean and coastal activities; and
(D) ensure cooperation and resolve differences arising from laws and regulations applicable to ocean and coastal activities which result in conflicts among participants in such activities.

(b) COOPERATION AND CONSULTATION- In carrying out responsibilities under this Act, the President may use such staff, interagency, and advisory arrangements as the President finds necessary and appropriate and shall consult with non-Federal organizations and individuals involved in ocean and coastal activities.

SEC. 5. NATIONAL OCEAN COUNCIL.
(a) ESTABLISHMENT- The President shall establish a National Ocean Council and appoint a Chairman from among its members. The Council shall consist of--

the Secretary of Commerce;
the Secretary of Defense;
the Secretary of State;
the Secretary of Transportation;
the Secretary of the Interior;
the Attorney General;
the Administrator of the Environmental Protection Agency;
the Director of the National Science Foundation;
the Director of the Office of Science and Technology Policy;
the Chairman of the Council on Environmental Quality;
the Chairman of the National Economic Council;
the Director of the Office of Management and Budget; and
such other Federal officers and officials as the President considers appropriate.

(b) ADMINISTRATION-

The President or the Chairman of the Council may from time to time designate one of the members of the Council to preside over meetings of the Council during the absence or unavailability of such Chairman.
Each member of the Council may designate an officer of his or her agency or department appointed with the advice and consent of the Senate to serve on the Council as an alternate in the event of the unavoidable absence of such member.
An executive secretary shall be appointed by the Chairman of the Council, with the approval of the Council. The executive secretary shall be a permanent employee of one of the agencies or departments represented on the Council and shall remain in the employ of such agency or department.
For the purpose of carrying out the functions of the Council, each Federal agency or department represented on the Council shall furnish necessary assistance to the Council. Such assistance may include--
1. (A) detailing employees to the Council to perform such functions, consistent with the purposes of this section, as the Chairman of the Council may assign to them; and
2. (B) undertaking, upon request of the Chairman of the Council, such special studies for the Council as are necessary to carry out its functions.
The Chairman of the Council shall have the authority to make personnel decisions regarding any employees detailed to the Council.

assist the Commission in completing its report under section 6;
serve as the forum for developing an implementation plan for a national ocean and coastal policy and program, taking into consideration the Commission report;
improve coordination and cooperation, and eliminate duplication, among Federal agencies and departments with respect to ocean and coastal activities; and
assist the President in the preparation of the first report required by section 7(a).
(d) SUNSET- The Council shall cease to exist one year after the Commission has submitted its final report under section 6(h). (e) SAVINGS PROVISION-
(1) Council activities are not intended to supersede or interfere with other Executive Branch mechanisms and responsibilities. (2) Nothing in this Act has any effect on the authority or responsibility of any Federal officer or agency under any other Federal law.

SEC. 6. COMMISSION ON OCEAN POLICY.
(a) ESTABLISHMENT-

IN GENERAL- The President shall, within 90 days after the enactment of this Act, establish a Commission on Ocean Policy. The Commission shall be composed of 16 members including individuals drawn from State and local governments, industry, academic and technical institutions, and public interest organizations involved with ocean and coastal activities. Members shall be appointed for the life of the Commission as follows:
1. (A) 4 shall be appointed by the President of the United States.
2. (B) 4 shall be appointed by the President chosen from a list of 8 proposed members submitted by the Majority Leader of the Senate in consultation with the Chairman of the Senate Committee on Commerce, Science, and Transportation.
3. (C) 4 shall be appointed by the President chosen from a list of 8 proposed members submitted by the Speaker of the House of Representatives in consultation with the Chairman of the House Committee on Resources.
4. (D) 2 shall be appointed by the President chosen from a list of 4 proposed members submitted by the Minority Leader of the Senate in consultation with the Ranking Member of the Senate Committee on Commerce, Science, and Transportation.
5. (E) 2 shall be appointed by the President chosen from a list of 4 proposed members submitted by the Minority Leader of the House in consultation with the Ranking Member of the House Committee on Resources.
FIRST MEETING- The Commission shall hold its first meeting within 30 days after it is established.
CHAIRMAN- The President shall select a Chairman from among such 16 members. Before selecting the Chairman, the President is requested to consult with the Majority and Minority Leaders of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives.
ADVISORY MEMBERS- In addition, the Commission shall have 4 Members of Congress, who shall serve as advisory members. One of the advisory members shall be appointed by the Speaker of the House of Representatives. One of the advisory members shall be appointed by the minority leader of the House of Representatives. One of the advisory members shall be appointed by the majority leader of the Senate. One of the advisory members shall be appointed by the minority leader of the Senate. The advisory members shall not participate, except in an advisory capacity, in the formulation of the findings and recommendations of the Commission.

(b) FINDINGS AND RECOMMENDATIONS- The Commission shall report to the President and the Congress on a comprehensive national ocean and coastal policy to carry out the purpose and objectives of this Act. In developing the findings and recommendations of the report, the Commission shall--

review and suggest any necessary modifications to United States laws, regulations, and practices necessary to define and implement such policy, consistent with the obligations of the United States under international law;
assess the condition and adequacy of investment in existing and planned facilities and equipment associated with ocean and coastal activities including human resources, vessels, computers, satellites, and other appropriate technologies and platforms;
review existing and planned ocean and coastal activities of Federal agencies and departments, assess the contribution of such activities to development of an integrated long-range program for oceanography, ocean and coastal resource management, and protection of the marine environment, and identify any such activities in need of reform to improve efficiency and effectiveness;
examine and suggest mechanisms to address the interrelationships among ocean and coastal activities, the legal and regulatory framework in which they occur, and their inter-connected and cumulative effects on the marine environment, ocean and coastal resources, and marine productivity and biodiversity;