Regional Ocean Partnership Act

II Calendar No. 217 117TH CONGRESS 1ST SESSION S. 1894 To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 27, 2021 Mr. WICKER (for himself and Ms. HASSAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation DECEMBER 17, 2021 Reported by Ms. CANTWELL, 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Regional Ocean Part- 4 nership Act’’. 5 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1894 RS SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES. 1 (a) FINDINGS.—Congress makes the following find- 2 ings: 3 (1) The ocean and coastal waters of the United 4 States are foundational to the economy, security, 5 global competitiveness, and well-being of the United 6 States and continuously serve the people of the 7 United States and other countries as an important 8 source of food, energy, economic productivity, recre- 9 ation, beauty, and enjoyment. 10 (2) Over many years, the resource productivity 11 and water quality of the ocean and coastal areas of 12 the United States have been diminished by pollution, 13 increasing population demands, economic develop- 14 ment, and natural and man-made hazard events, 15 both acute and chronic. 16 (3) Ocean and coastal areas of the United 17 States are managed by State and Federal resource 18 agencies and regulated on an interstate and regional 19 scale by various overlapping Federal authorities, 20 thereby creating a significant need for interstate co- 21 ordination to enhance regional priorities, including 22 the ecological and economic health of those areas. 23 (4) Tribal governments have unique expertise 24 and knowledge important for the stewardship of the 25 ocean and coastal waters of the United States. 26 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1894 RS (b) SENSE OF CONGRESS.—It is the sense of Con- 1 gress that— 2 (1) the United States should seek to support 3 interstate coordination of shared regional priorities 4 relating to the management, conservation, resilience, 5 and restoration of ocean and coastal areas to maxi- 6 mize efficiencies through collaborative regional ef- 7 forts by Regional Ocean Partnerships, in consulta- 8 tion with Federal and State agencies, Tribal govern- 9 ments, and local authorities; 10 (2) such efforts would enhance existing and ef- 11 fective State coastal management efforts based on 12 shared regional priorities; and 13 (3) Regional Ocean Partnerships should consult 14 with Tribal governments and may include represen- 15 tation from Tribal governments. 16 (c) PURPOSES.—The purposes of this Act are as fol- 17 lows: 18 (1) To complement and expand cooperative vol- 19 untary efforts intended to manage and restore ocean 20 and coastal areas spanning across multiple State 21 boundaries. 22 (2) To expand Federal support for monitoring, 23 data management, and restoration activities in ocean 24 and coastal areas. 25 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1894 RS (3) To commit the United States to a com- 1 prehensive cooperative program to achieve improved 2 water quality in, and improvements in the produc- 3 tivity of living resources of, all coastal ecosystems. 4 (4) To authorize Regional Ocean Partnerships 5 as intergovernmental coordinators for shared inter- 6 state and regional priorities relating to the collabo- 7 rative management of the large marine ecosystems, 8 thereby reducing duplication of efforts and maxi- 9 mizing opportunities to leverage support in the 10 ocean and coastal regions. 11 (5) To empower States to take a lead role in 12 managing oceans and coasts. 13 (6) To incorporate Tribal interests in the man- 14 agement of oceans and coasts and provide funding 15 to support Tribal ocean and coastal resiliency activi- 16 ties in coordination with Regional Ocean Partner- 17 ships. 18 (7) To enable Regional Ocean Partnerships, or 19 designated fiscal management entities of such part- 20 nerships, to receive Federal funding to conduct the 21 scientific research, conservation and restoration ac- 22 tivities, and priority coordination on shared regional 23 priorities necessary to achieve the purposes described 24 in paragraphs (1) through (6). 25 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1894 RS SEC. 3. REGIONAL OCEAN PARTNERSHIPS. 1 (a) DEFINITIONS.—In this section: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Administrator of the National 4 Oceanic and Atmospheric Administration. 5 (2) COASTAL STATE.—The term ‘‘coastal state’’ 6 has the meaning given that term in section 304 of 7 the Coastal Zone Management Act of 1972 (16 8 U.S.C. 1453). 9 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 10 has the meaning given that term in section 4 of the 11 Indian Self-Determination and Education Assistance 12 Act (25 U.S.C. 5304). 13 (4) INSTITUTION OF HIGHER EDUCATION.—The 14 term ‘‘institution of higher education’’ has the 15 meaning given that term in section 101 of the High- 16 er Education Act of 1965 (20 U.S.C. 1001). 17 (b) REGIONAL OCEAN PARTNERSHIPS.— 18 (1) IN GENERAL.—A coastal state may partici- 19 pate in a Regional Ocean Partnership with one or 20 more other coastal states that share a common 21 ocean or coastal area with the coastal state, without 22 regard to whether the coastal states are contiguous. 23 (2) APPLICATION.—The Governor of a coastal 24 state or the Governors of a group of coastal states 25 may apply to the Secretary of Commerce, on behalf 26 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 1894 RS of a partnership, for the partnership to receive des- 1 ignation as a Regional Ocean Partnership if the 2 partnership— 3 (A) meets the requirements under para- 4 graph (3); and 5 (B) submits an application for such des- 6 ignation in such manner, in such form, and 7 containing such information as the Secretary 8 may require. 9 (3) REQUIREMENTS.—A partnership is eligible 10 for designation as a Regional Ocean Partnership by 11 the Secretary under paragraph (2) if the partner- 12 ship— 13 (A) is established to coordinate the inter- 14 state management of ocean and coastal re- 15 sources; 16 (B) focuses on the environmental issues af- 17 fecting the ocean and coastal areas of the mem- 18 bers participating in the partnership; 19 (C) complements existing State coastal and 20 ocean management efforts on an interstate 21 scale, focusing on shared regional priorities; 22 (D) does not have a regulatory function; 23 and 24 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 1894 RS (E) is not duplicative of an existing Re- 1 gional Ocean Partnership designated under 2 paragraph (4), as determined by the Secretary. 3 (4) DESIGNATION OF CERTAIN ENTITIES AS RE- 4 GIONAL OCEAN PARTNERSHIPS.—Notwithstanding 5 paragraph (2) or (3), the following entities are des- 6 ignated as Regional Ocean Partnerships: 7 (A) The Gulf of Mexico Alliance, comprised 8 of the States of Alabama, Florida, Louisiana, 9 Mississippi, and Texas. 10 (B) The Northeast Regional Ocean Coun- 11 cil, comprised of the States of Maine, Vermont, 12 New Hampshire, Massachusetts, Connecticut, 13 and Rhode Island. 14 (C) The Mid-Atlantic Regional Council on 15 the Ocean, comprised of the States of New 16 York, New Jersey, Delaware, Maryland, and 17 Virginia. 18 (D) The West Coast Ocean Alliance, com- 19 prised of the States of California, Oregon, and 20 Washington and the coastal Indian Tribes 21 therein. 22 (c) GOVERNING BODIES OF REGIONAL OCEAN PART- 23 NERSHIPS.— 24 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 1894 RS (1) IN GENERAL.—A Regional Ocean Partner- 1 ship designated under subsection (b) shall be gov- 2 erned by a governing body. 3 (2) MEMBERSHIP.—A governing body described 4 in paragraph (1)— 5 (A) shall be comprised, at a minimum, of 6 voting members from each coastal state partici- 7 pating in the Regional Ocean Partnership, des- 8 ignated by the Governor of the coastal state; 9 and 10 (B) may include such other members as 11 the partnership considers appropriate. 12 (d) FUNCTIONS.—A Regional Ocean Partnership des- 13 ignated under subsection (b) may perform the following 14 functions: 15 (1) Promote coordination of the actions of the 16 agencies of coastal states participating in the part- 17 nership with the actions of the appropriate officials 18 of Federal agencies and State and Tribal govern- 19 ments in developing strategies— 20 (A) to conserve living resources, increase 21 valuable habitats, enhance coastal resilience and 22 ocean management, promote ecological and eco- 23 nomic health, and address such other issues re- 24 lated to the shared ocean or coastal area as are 25 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 1894 RS determined to be a shared, regional priority by 1 those states; and 2 (B) to manage regional data portals and 3 develop associated data products for purposes 4 that support the priorities of the partnership. 5 (2) In cooperation with appropriate Federal and 6 State agencies, Tribal governments, and local au- 7 thorities, develop and implement specific action 8 plans to carry out coordination goals. 9 (3) Coordinate and implement priority plans 10 and projects, and facilitate science, research, mod- 11 eling, monitoring, data collection, and other activi- 12 ties that support the goals of the partnership 13 through the provision of grants and contracts under 14 subsection (f). 15 (4) Engage, coordinate, and collaborate with 16 relevant governmental entities and stakeholders to 17 address ocean and coastal related matters that re- 18 quire interagency or intergovernmental solutions. 19 (5) Implement outreach programs for public in- 20 formation, education, and participation to foster 21 stewardship of the resources of the ocean and coast- 22 al areas, as relevant. 23 (6) Develop and make available, through publi- 24 cations, technical assistance, and other appropriate 25 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 1894 RS means, information pertaining to cross-jurisdictional 1 issues being addressed through the coordinated ac- 2 tivities of the partnership. 3 (7) Serve as a liaison with, and provide infor- 4 mation to, international counterparts, as appropriate 5 on priority issues for the partnership. 6 (e) CONSULTATION AND ENGAGEMENT.—A Regional 7 Ocean Partnership designated under subsection (b) shall 8 maintain mechanisms for consultation and engagement 9 with the following: 10 (1) The Federal Government. 11 (2) Tribal governments. 12 (3) Nongovernmental entities, including aca- 13 demic organizations, nonprofit organizations, and 14 businesses. 15 (f) GRANTS AND CONTRACTS.— 16 (1) IN GENERAL.—A Regional Ocean Partner- 17 ship designated under subsection (b) may, in coordi- 18 nation with existing Federal and State management 19 programs, from amounts made available to the part- 20 nership by the Administrator or the head of another 21 Federal agency provide grants and enter into con- 22 tracts for the purposes described in paragraph (2). 23 (2) PURPOSES.—The purposes described in this 24 paragraph include any of the following: 25 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 1894 RS (A) Monitoring the water quality and living 1 resources of multi-State ocean and coastal eco- 2 systems and coastal communities. 3 (B) Researching and addressing the effects 4 of natural and human-induced environmental 5 changes on— 6 (i) ocean and coastal ecosystems; and 7 (ii) coastal communities. 8 (C) Developing and executing cooperative 9 strategies that— 10 (i) address regional data issues identi- 11 fied by the partnership; and 12 (ii) will result in more effective man- 13 agement of common ocean and coastal 14 areas. 15 (g) REPORT REQUIRED.— 16 (1) IN GENERAL.—Not later than 5 years after 17 the date of the enactment of this Act, the Adminis- 18 trator, in coordination with the Regional Ocean 19 Partnerships designated under subsection (b), shall 20 submit to Congress a report on the partnerships. 21 (2) REPORT REQUIREMENTS.—The report re- 22 quired by paragraph (1) shall include the following: 23 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 1894 RS (A) An assessment of the overall status of 1 the work of the Regional Ocean Partnerships 2 designated under subsection (b). 3 (B) An assessment of the effectiveness of 4 the partnerships in supporting regional prior- 5 ities relating to the management of common 6 ocean and coastal areas. 7 (C) An identification of any duplication of 8 efforts between the partnerships and other enti- 9 ties. 10 (D) An assessment of the benefits and 11 costs of the partnerships. 12 (E) An assessment of the effectiveness of 13 the strategies that the partnerships are sup- 14 porting or implementing and the extent to 15 which the priority needs of the regions covered 16 by the partnerships are being met through such 17 strategies. 18 (F) An assessment of how the efforts of 19 the partnerships support or enhance Federal 20 and State efforts consistent with the purposes 21 of this Act. 22 (G) Such recommendations as the Admin- 23 istrator may have for improving— 24 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S1894.RS S1894 pbinns o [Text truncated for display. 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