Regional Ocean Partnership Act

II Calendar No. 396 116TH CONGRESS 1ST SESSION S. 2166 [Report No. 116–185] To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 18, 2019 Mr. WICKER (for himself, Mr. JONES, Mr. CASSIDY, Ms. COLLINS, Ms. CANT- WELL, Mr. MARKEY, Mr. KENNEDY, Mr. MURPHY, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation of the Senate DECEMBER 19, 2019 Reported by Mr. WICKER, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 2 •S 2166 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Regional Ocean Part- 2 nership Act’’. 3 SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES. 4 (a) FINDINGS.—Congress makes the following find- 5 ings: 6 (1) The ocean and coastal waters of the United 7 States are foundational to the economy, security, 8 global competitiveness, and well-being of the United 9 States and continuously serve the people of the 10 United States and other countries as an important 11 source of food, energy, economic productivity, recre- 12 ation, beauty, and enjoyment. 13 (2) Over many years, the resource productivity 14 and water quality of the ocean and coastal areas of 15 the United States have been diminished by pollution, 16 increasing population demands, economic develop- 17 ment, and natural and man-made hazard events, 18 both acute and chronic. 19 (3) Ocean and coastal areas of the United 20 States are managed by State and Federal resource 21 agencies and regulated by various overlapping au- 22 thorities, thereby creating a significant need for co- 23 ordination to enhance the ecological and economic 24 health of those areas. 25 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 3 •S 2166 RS (b) SENSE OF CONGRESS.—It is the sense of Con- 1 gress that the United States should seek to attain coordi- 2 nation of the efforts relating to the management, con- 3 servation, resilience, and restoration of ocean and coastal 4 areas to reduce duplication of efforts and maximize effi- 5 ciencies through collaborative regional efforts by Regional 6 Ocean Partnerships, in consultation with Federal agencies 7 and State and local authorities. 8 (c) PURPOSES.—The purposes of this Act are as fol- 9 lows: 10 (1) To expand and strengthen cooperative vol- 11 untary efforts intended to manage and restore ocean 12 and coastal areas spanning across multiple State 13 boundaries. 14 (2) To expand Federal support for monitoring, 15 data management, and restoration activities in ocean 16 and coastal areas. 17 (3) To commit the United States to a com- 18 prehensive cooperative program to achieve improved 19 water quality in, and improvements in the produc- 20 tivity of living resources of, all coastal ecosystems. 21 (4) To authorize Regional Ocean Partnerships 22 as coordinators of Federal and State authorities re- 23 lating to voluntary efforts for the collaborative man- 24 agement of the large marine ecosystems, thereby re- 25 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 4 •S 2166 RS ducing duplication of efforts and maximizing oppor- 1 tunities to leverage support in the ocean and coastal 2 regions. 3 (5) To enable Regional Ocean Partnerships to 4 receive Federal funding to conduct the scientific re- 5 search, conservation and restoration management, 6 and priority coordination necessary to achieve the 7 purposes described in paragraphs (1) through (4). 8 SEC. 3. REGIONAL OCEAN PARTNERSHIPS. 9 (a) DEFINITIONS.—In this section: 10 (1) ADMINISTRATOR.—The term ‘‘Adminis- 11 trator’’ means the Administrator of the National 12 Oceanic and Atmospheric Administration. 13 (2) COASTAL STATE.—The term ‘‘coastal state’’ 14 has the meaning given that term in section 304 of 15 the Coastal Zone Management Act of 1972 (16 16 U.S.C. 1453). 17 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 18 means an Indian tribe, as defined in section 4 of the 19 Indian Self-Determination and Education Assistance 20 Act (25 U.S.C. 5304). 21 (b) REGIONAL OCEAN PARTNERSHIPS.— 22 (1) IN GENERAL.—A coastal state may partici- 23 pate in a Regional Ocean Partnership with one or 24 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 5 •S 2166 RS more other coastal states that share a common 1 ocean or coastal area with the coastal state. 2 (2) APPLICATION.—The Governor of a coastal 3 state or the Governors of a group of coastal states 4 may apply to the Secretary of Commerce, on behalf 5 of a partnership, for the partnership to receive des- 6 ignation as a Regional Ocean Partnership if the 7 partnership— 8 (A) meets the requirements under para- 9 graph (3); and 10 (B) submits an application for such des- 11 ignation in such manner, in such form, and 12 containing such information as the Secretary 13 may require. 14 (3) REQUIREMENTS.—A partnership is eligible 15 for designation as a Regional Ocean Partnership by 16 the Secretary under paragraph (2) if the partner- 17 ship— 18 (A) is established to coordinate the man- 19 agement of coastal resources; 20 (B) focuses on the environmental issues af- 21 fecting the ocean and coastal areas of the coast- 22 al states participating in the partnership; 23 (C) does not have a regulatory function; 24 and 25 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 6 •S 2166 RS (D) 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, rep- 8 resenting the ocean and coastal area shared by 9 the States of Alabama, Florida, Louisiana, Mis- 10 sissippi, and Texas. 11 (B) The Northeast Regional Ocean Coun- 12 cil, representing the ocean and coastal area 13 shared by the States of Maine, Vermont, New 14 Hampshire, Massachusetts, Connecticut, and 15 Rhode Island. 16 (C) The Mid-Atlantic Regional Council on 17 the Ocean, representing the ocean and coastal 18 area shared by the States of New York, New 19 Jersey, Delaware, Maryland, and Virginia. 20 (D) The West Coast Ocean Alliance, in- 21 cluding the States of California, Oregon, and 22 Washington and the Indian Tribes in those 23 States. 24 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 7 •S 2166 RS (c) GOVERNING BODIES OF REGIONAL OCEAN PART- 1 NERSHIPS.— 2 (1) IN GENERAL.—A Regional Ocean Partner- 3 ship designated under subsection (b) shall be gov- 4 erned by a governing body. 5 (2) MEMBERSHIP.—A governing body described 6 in paragraph (1)— 7 (A) shall be comprised, at a minimum, of 8 voting members from each coastal state partici- 9 pating in the Regional Ocean Partnership, des- 10 ignated by the Governor of the coastal state; 11 and 12 (B) may include such other members as 13 the partnership considers appropriate. 14 (d) FUNCTIONS.—A Regional Ocean Partnership des- 15 ignated under subsection (b) may perform the following 16 functions: 17 (1) Promote coordination of the actions of the 18 agencies of coastal states participating in the part- 19 nership with the actions of the appropriate officials 20 of Federal agencies and other authorities in devel- 21 oping strategies— 22 (A) to conserve living resources, increase 23 valuable habitats, enhance coastal resilience, 24 and address such other issues related to the 25 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 8 •S 2166 RS shared ocean or coastal area as are determined 1 to be a priority by those states; 2 (B) to manage regional data portals and 3 develop associated data products for purposes 4 that support the priorities of those states; and 5 (C) to obtain the support of appropriate 6 officials for such strategies. 7 (2) In cooperation with appropriate Federal 8 agencies and State and local authorities, develop and 9 implement specific action plans to carry out coordi- 10 nation goals. 11 (3) Coordinate and implement priority plans 12 and projects, and facilitate science, research, mod- 13 eling, monitoring, data collection, and other activi- 14 ties that support the goals of the partnership 15 through the provision of grants and contracts under 16 subsection (e). 17 (4) Engage and collaborate with stakeholders to 18 address ocean and coastal related matters that re- 19 quire interagency or intergovernmental solutions. 20 (5) Implement outreach programs for public in- 21 formation, education, and participation to foster 22 stewardship of the resources of the ocean and coast- 23 al areas. 24 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 9 •S 2166 RS (6) Develop and make available, through publi- 1 cations, technical assistance, and other appropriate 2 means, information pertaining to cross-jurisdictional 3 issues being addressed through the coordinated ac- 4 tivities of the partnership. 5 (7) Serve as the liaison with, and provide infor- 6 mation to, international counterparts, as appro- 7 priate. 8 (e) GRANTS AND CONTRACTS.— 9 (1) IN GENERAL.—A Regional Ocean Partner- 10 ship designated under subsection (b) may, from 11 amounts made available to the partnership by the 12 Administrator or the head of another Federal agen- 13 cy— 14 (A) provide grants to eligible persons de- 15 scribed in paragraph (2) for the purposes de- 16 scribed in paragraph (3); and 17 (B) enter into contracts with such persons 18 for such purposes. 19 (2) ELIGIBLE PERSONS.—The eligible persons 20 described in this paragraph are the following: 21 (A) Indian Tribes. 22 (B) State and local governments. 23 (C) Nongovernmental organizations. 24 (D) Institutions of higher education. 25 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 10 •S 2166 RS (E) Individuals. 1 (F) Private entities. 2 (3) PURPOSES.—The purposes described in this 3 paragraph are the following: 4 (A) Monitoring the water quality and living 5 resources of multi-State ocean and coastal eco- 6 systems. 7 (B) Researching and addressing the effects 8 of natural and human-induced environmental 9 changes to ocean and coastal ecosystems. 10 (C) Developing and executing cooperative 11 strategies that— 12 (i) address regional data issues identi- 13 fied by the partnership; and 14 (ii) will result in more effective man- 15 agement of common ocean and coastal 16 areas. 17 (f) REPORTS AND ASSESSMENTS.— 18 (1) ANNUAL REPORT.—Not later than 1 year 19 after the date of the enactment of this Act, and an- 20 nually thereafter, each Regional Ocean Partnership 21 designated under subsection (b) shall submit to the 22 Administrator, and make available to the public, a 23 report that describes the following: 24 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 11 •S 2166 RS (A) Each project and activity for which the 1 partnership received funding under this section 2 during the previous fiscal year. 3 (B) The goals and objectives of those 4 projects and activities. 5 (C) The net benefits of the projects and 6 activities funded under this section during pre- 7 vious fiscal years. 8 (D) The collaborative efforts of the part- 9 nership. 10 (2) ASSESSMENTS AND REPORTS.— 11 (A) IN GENERAL.—Not later than 5 years 12 after the date of the enactment of this Act, and 13 every 5 years thereafter, the Administrator, in 14 coordination with the Regional Ocean Partner- 15 ships designated under subsection (b), shall— 16 (i) assess the effectiveness of the part- 17 nerships in coordinating regional priorities 18 relating to the management of common 19 ocean and coastal areas; and 20 (ii) submit to Congress a report on 21 that assessment. 22 (B) REPORT REQUIREMENTS.—The report 23 required under subparagraph (A)(ii) shall in- 24 clude the following: 25 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 12 •S 2166 RS (i) An assessment of the overall status 1 of coordinated efforts in regional eco- 2 systems covered by the Regional Ocean 3 Partnerships designated under subsection 4 (b). 5 (ii) An assessment of the effectiveness 6 of the management strategies that such 7 partnerships are implementing and the ex- 8 tent to which the priority needs of the re- 9 gions covered by such partnerships are 10 being met through such strategies. 11 (iii) Such recommendations as the Ad- 12 ministrator may have for the improved co- 13 ordination among the regulatory and non- 14 regulatory programs operating in the re- 15 gions covered by such partnerships, includ- 16 ing recommendations for strengthening the 17 strategies being implemented or adopting 18 improved strategies. 19 (g) AVAILABILITY OF FEDERAL FUNDS.—In addition 20 to amounts made available to Regional Ocean Partner- 21 ships designated under subsection (b) by the Adminis- 22 trator under this section, the head of any other Federal 23 agency may provide grants to, enter into contracts with, 24 or otherwise provide funding to such partnerships. 25 VerDate Sep 11 2014 02:11 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S2166.RS S2166 rfrederick on DSKBCBPHB2PROD with BILLS 13 •S 2166 RS (h) AUTHORITIES.—Nothing in this section estab- 1 lishes any new legal or regulatory authority of the Na- 2 tional Oceanic and Atmospheric Administration or of the 3 Regional Ocean Partnerships designated under subsection 4 [Text truncated for display. Full text available on Congress.gov.]