[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [S. 2241 Introduced in Senate (IS)] 103d CONGRESS 2d Session S. 2241 To establish a Gulf of Maine Council to promote the economic development and ensure the environmental quality of the Gulf of Maine, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 24 (legislative day, June 7), 1994 Mr. Mitchell introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To establish a Gulf of Maine Council to promote the economic development and ensure the environmental quality of the Gulf of Maine, 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 ``Gulf of Maine Act of 1994''. SEC. 2. FINDINGS. (a) Economic Findings.--Congress makes the following findings regarding economic activities in the Gulf of Maine region: (1) The Gulf provides significant commercial benefits to the United States and Canada. The commercial fishing industry of the Gulf is valued at more than $800,000,000. Approximately 20,000 United States and Canadian citizens fish the marine resources of the Gulf. (2) The Gulf is an important recreational resource because the Gulf-- (A) is within 1 day's drive of 75,600,000 people; (B) contains 3 United States and Canadian national parks and 1 United States national marine sanctuary; and (C) attracts approximately 10,000,000 visitors annually. (3) The Gulf provides diverse livelihoods ranging from tourism-based employment to seaweed harvesting. (b) Ecological Findings.--Congress makes the following findings regarding the ecological status of the Gulf of Maine region: (1) The Gulf supports a wide diversity of marine life, including 100 species of birds, 73 species of fish, and 26 types of whales, porpoises, and seals, including 30 federally listed endangered species including the bald eagle, sea turtle, humpback whale, and sperm whale. (2) The Gulf of Maine region is experiencing environmental problems, including-- (A) high levels of toxic contaminants in deep basin sediments of the Gulf, as well as in organisms within the Gulf of Maine ecosystem, including the bald eagle and the American lobster; (B) concerns about human health that have resulted in the closure of about \1/3\ of Gulf shellfish beds, resulting in economic losses in communities around the Gulf; (C) the increasing loss of habitat in the Gulf region, which results in diminished coastal and estuarine habitats important to migratory waterfowl and commercially valuable fish species; and (D) the escalating impact of recreational use on the Gulf ecosystem. (c) Management Findings.--Congress makes the following findings regarding the management of the Gulf of Maine region: (1) The natural resources of the Gulf are interconnected, forming an ecosystem that transcends political boundaries and that is a public resource that needs national attention. (2) The efforts of the States of Maine, Massachusetts, and New Hampshire, and of the Canadian Provinces of Nova Scotia and New Brunswick, to form a Gulf of Maine Council on the Marine Environment have laid a foundation for future efforts to protect and conserve the Gulf. (3) There is a need to continue and expand the research, monitoring, management, and development activities within the Gulf and to coordinate the activities. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Agreement.--The term ``Agreement'' means the Gulf of Maine Agreement developed under section 4(c)(1). (3) Commission.--The term ``Commission'' means the St. Croix International Waterway Commission established under chapter 8 of title 38 of the Maine Revised Statutes. (4) Gulf of maine council.--The terms ``Gulf of Maine Council'' and ``Council'' mean the Gulf of Maine Council established under section 4. (5) Gulf of maine region.--The term ``Gulf of Maine region'' means the Bay of Fundy, the Gulf of Maine, including Georges Bank, and the streams, rivers, lakes, and other bodies of water, and the associated land mass of the bodies of water, within the drainage basin of the Gulf of Maine, together with the ecological community of the Gulf of Maine. (6) Management council.--The term ``Management Council'' means the New England Fishery Management Council established under section 302(a)(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)). (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. GULF OF MAINE COUNCIL. (a) Establishment.-- (1) In general.--There is authorized to be established a Gulf of Maine Council to promote the environmental and economic health of the Gulf of Maine region. (2) Purpose.--The purpose of the Gulf of Maine Council shall be to facilitate the coordination of governmental and nongovernmental activities related to the Gulf of Maine region, including-- (A) economic development, including the coordination and prioritization of applications for assistance submitted under section 5; (B) environmental assessment and management; (C) fisheries habitat improvement and management; (D) marine research; and (E) education and understanding concerning ecological and cultural resources. (3) Initial organization.--On receiving a written agreement of the Governors of Maine, Massachusetts, and New Hampshire, and the Premiers of Nova Scotia and New Brunswick, that is jointly signed by each such Governor and Premier, to establish the Gulf of Maine Council in accordance with this section, and the nominations of the Governors and the Premiers to the Gulf of Maine Council, Congress shall consider the Gulf of Maine Council to be established. (4) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App. 2) shall not apply to any entity established under this Act. (b) Membership, Authority, and Funding of Council.-- (1) Membership and personnel.-- (A) Membership.--Not later than 180 days after the date of enactment of this Act, the Governors of Maine, Massachusetts, and New Hampshire and the Premiers of Nova Scotia and New Brunswick shall each appoint 3 representatives to the Gulf of Maine Council. The representatives of the Provinces shall be ex officio members of the Council. (B) Terms.--The term of each member of the Gulf of Maine Council shall be 3 years, except that, in the case of initial appointments, the Governors and Premiers shall each appoint 1 member to a term of 2 years, 1 member to a term of 3 years, and 1 member to a term of 4 years. (C) Executive secretary and staff.--The Gulf of Maine Council may employ an executive secretary and such support staff as are necessary to assist the Council, and the Boards and Councils referred to in sections 5 through 8, in carrying out their duties, including the coordination of plans and programs developed under sections 5 through 8. (D) Travel expenses.--A member of the Gulf of Maine Council who is not an employee of the Federal Government or a State government, while away from the home or regular place of business of the member in performing a duty of the Council, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as a person employed intermittently in the Government service is allowed expenses under section 5703 of title 5, United States Code. (2) Decisionmaking.--The Gulf of Maine Council-- (A) may establish such bylaws and decisionmaking processes as the Council determines are necessary; and (B) shall meet not less often than annually. (3) Financial support.-- (A) In general.-- (i) Annual budget.--The Gulf of Maine Council shall annually adopt by consensus a budget for the activities of the Council. (ii) State support.--Each State represented on the Gulf of Maine Council shall provide to the Council a payment in an amount equal to the quotient obtained by dividing-- (I) the United States portion of the budget adopted under clause (i); by (II) the number of States represented on the Council. (iii) Federal contributions.--The Government of the United States may make the payment required of a State under clause (ii). (B) Supplemental funding.--The Gulf of Maine Council may accept, from the Government of the United States, the Government of Canada, other agencies, corporations, organizations, and individuals, funds for activities or projects to supplement funds made available to the Council under subparagraph (A). (4) Gulf of maine advisory group.-- (A) In general.--The Gulf of Maine Council shall establish a Gulf of Maine Advisory Group (referred to in this section as the ``Advisory Group'') to advise the Council, the Governors of Maine, Massachusetts, and New Hampshire, and the Premiers of Nova Scotia and New Brunswick on the implementation of this Act. (B) Composition.--The members of the Advisory Group shall be appointed by the Governors and Premiers in coordination with the Gulf of Maine Council and shall include not more than 15 members, including representatives of the public, the fishing community, the scientific community, nonprofit organizations, and local governments. (c) Gulf of Maine Agreement.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Gulf of Maine Council shall develop and adopt a Gulf of Maine Agreement. The Agreement shall set forth general priorities and guidelines for the protection, assessment, management, and sustainable development of the Gulf of Maine region for the 10 years after the date of adoption of the Agreement. The Gulf of Maine Council shall oversee the implementation of the Agreement. (2) Elements of agreement.--The Agreement shall, at a minimum-- (A) describe long-term goals for environmental protection and sustainable economic development in the Gulf of Maine region; (B) identify opportunities for improved coordination of activities relating to-- (i) economic development; (ii) fisheries management; (iii) environmental assessment and protection; (iv) marine research; and (v) education; (C) be consistent with all relevant Federal and State laws; (D) incorporate, to the maximum extent practicable, ongoing planning efforts being conducted by coastal communities and members of the fishing community; (E) establish parameters and criteria to monitor and evaluate the effectiveness of actions taken under this Act and measures to respond to evaluation results; and (F) facilitate and coordinate public education and awareness concerning the environment and economy of the Gulf of Maine region. (3) Review.-- (A) Advisory group.--The Gulf of Maine Council shall provide for the participation of the Advisory Group in the development of the Agreement. (B) Public review and comment.--The Gulf of Maine Council shall provide for public review and comment on the Agreement prior to adoption, including, at a minimum, a public hearing in each State and Province represented on the Gulf of Maine Council. (4) Adoption.--After considering the comments of the Advisory Group and the public, the Gulf of Maine Council shall make appropriate changes to the Agreement and adopt the Agreement with appropriate implementation mechanisms if the Agreement is consistent with this Act. (5) Progress report and revision of agreement.--Not later than 5 years after the date of adoption of the Agreement, the Gulf of Maine Council shall prepare a report that assesses the extent of progress in attaining the goals of this Act and make such revisions to the Agreement and the structure of the Council as the Council determines are appropriate. The report shall identify opportunities to enhance mutual cooperation and coordination between the United States and Canada concerning the Gulf of Maine region. The report shall be submitted to Congress, the Secretary, the Secretary of the Interior, the Administrator, and the heads of other appropriate Federal, State, and local agencies and organizations. (6) Extent of authority.-- (A) In general.--Subject to subparagraph (C), the Gulf of Maine Council may review, to the extent consistent with applicable law, the activities of international, Federal, State, and Provincial entities in the Gulf of Maine region and make recommendations to the entities regarding the compatibility of the activities with the Agreement. (B) Review of plans.--The Gulf of Maine Council shall review plans prepared by the Boards and Councils referred to in sections 5 through 8 to ensure that the plans are consistent with each other and with the goals and priorities established in the Agreement. (C) Limitations.--No action or recommendation authorized under this section-- (i) binds or obligates any department, agency, officer, or Act of the Federal Government, any State government, any Indian tribe, or any international entity established by treaty with authority relating to the Gulf of Maine region, unless this Act specifically provides otherwise; or (ii) limits the authority of the United States to enter into treaties. (d) Report.--Not later than 12 years after the date of enactment of this Act, the Gulf of Maine Council shall submit a report to Congress and the President on the activities of the Gulf of Maine Council and the effectiveness of this Act in promoting the economic and environmental health of the Gulf of Maine region. The report shall include recommendations for such administrative and legislative action as the Council considers advisable. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 5. ECONOMIC ASSISTANCE FOR THE GULF OF MAINE REGION. (a) Economic Development Board.-- (1) Establishment.--The Gulf of Maine Council, in cooperation with the Economic Development Administration and the National Oceanic and Atmospheric Administration of the Department of Commerce, shall establish an Economic Development Board (referred to in this subsection as the ``Board'') to develop and implement a long-term plan for coordinating environmentally sound economic assistance for the Gulf of Maine region provided under this section and from other sources. (2) Purpose and duties.--The purpose of the Board shall be to identify economic assistance priorities and projects with the greatest potential to aid the restoration of both the economic and ecological health of the Gulf of Maine region. The Board shall provide grantmaking agencies and organizations with the information referred to in the preceding sentence and shall carry out the responsibilities of the Council referred to in section 4(a)(2)(A). (3) Members.--The Board shall consist of such individuals as the members of the Gulf of Maine Council determine are appropriate and should include representatives of the Economic Development Administration, the Office of Sustainable Development, and the Small Business Administration of the Department of Commerce, the Department of Labor, and State agencies and private entities involved in economic development activities in the Gulf of Maine region. The individuals who represent Provinces shall be ex officio members of the Board. (4) Annual plan.--The Board shall prepare an annual plan that identifies goals and objectives for environmentally sound economic assistance (including high-priority projects), describes the status of any ongoing projects, and reflects the goals and priorities established in the Agreement. The Board shall provide for public review of and comment on the plan. Prior to release of the plan for public review, the Boards and Councils referred to in sections 6 through 8 shall review and comment on the plan. (b) Planning Grants.-- (1) In general.--In accordance with this subsection, the Secretary may provide planning grants to the Gulf of Maine Council for a period of 1 year for 100 percent of the total project cost, as determined by the Secretary. In carrying out this paragraph, the Secretary may enter into a cooperative agreement with the Council. (2) Eligible activities.--A cooperative agreement under this subsection shall be made available through the Economic Development Administration of the Department of Commerce for the planning of economic development programs designed specifically to retain or create full-time permanent jobs and income for individuals who are unemployed or underemployed as a result of the implementation of fishery management regulations imposed by the Federal Government that have a severe economic impact on communities in the Gulf of Maine region. (c) Technical Assistance.-- (1) In general.--In accordance with this subsection, the Secretary may provide grants for local technical assistance to the Gulf of Maine Council through the Economic Development Administration of the Department of Commerce in an amount equal to not more than 75 percent of the total project cost, as determined by the Secretary. (2) Eligible activities.--Activities eligible for assistance under this subsection include-- (A) enabling the building and expansion of local organizational capacity; (B) technical or market feasibility studies; (C) collecting and disseminating information relevant to diversification efforts, including stock projections, market forecasts, international trade opportunities, and technology needs assessment; (D) conversion assistance for new nonfishing occupations, including financial support for regional business development efforts, and technology needs assessment; (E) restoration of natural resources, such as the building of fish passages and the restoration of wetlands and shellfish harvesting areas, that will enhance economic opportunities for Gulf of Maine communities; and (F) otherwise responding to developmental opportunities for individuals unemployed or underemployed as a result of the implementation of fishery management regulations imposed by the Federal Government that have a severe economic impact on communities in the Gulf of Maine region. (d) Eligible Applicants.-- (1) Grants.--The sole eligible applicant to receive grants under this section shall be the Gulf of Maine Council, on behalf of the Gulf of Maine region which shall be deemed to be an economic development district for the purpose of part B of title IV of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3171 et seq.). (2) Subgrants.--The Gulf of Maine Council shall use grants received under this section to provide assistance for activities referred to in this section to eligible applicants, including public and private nonprofit national, State, area, district, and local organizations, units of local government, and public and private colleges and universities. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 6. FISHERY MANAGEMENT PLANS. (a) Coordination with Existing Program.-- (1) In general.--The Gulf of Maine Council shall cooperate with the New England Fishery Management Council established under title III of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.). (2) Authority.--The Management Council shall continue to exercise the authorities and responsibilities established in title III of such Act (16 U.S.C. 1851 et seq.) and shall also participate, as described in subsection (b)(1)(A), with the Gulf of Maine Council and with other organizations established under this Act in cooperative efforts to promote the environmental and economic health of the Gulf of Maine region. (b) Recommendations by the Gulf of Maine Council.-- (1) Recommendations.-- (A) To management council.--The Gulf of Maine Council may, after notice and opportunity for public comment, develop recommendations to submit to the Management Council on any fishery management plan being considered by the Management Council, if the Gulf of Maine Council determines that the recommendations are necessary to make the fishery management plan reflect the goals and priorities established in the Agreement. The recommendations shall be submitted during the applicable public comment period established under title III of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.). (B) To secretary.--The Gulf of Maine Council may, after notice and opportunity for public comment, develop recommendations, based on the Agreement, to submit to the Secretary regarding any fishery management plan of the Management Council being considered by the Management Council or submitted to the Secretary, including asking the Secretary to convene a negotiated rulemaking provided for under subchapter III of chapter 5 of title 5, United States Code, for the management plan. The recommendations shall be submitted during the applicable public comment period established under section 304 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854). (2) Approval by the council.--The Gulf of Maine Council may submit recommendations under paragraph (1) only if the recommendations are approved by a majority of the voting members of the Gulf of Maine Council. (3) Review.--If the Secretary receives recommendations prepared by the Gulf of Maine Council, the Secretary shall commence a review of the recommendations to determine whether the recommendations are necessary to make any fishery management plan consistent with the Agreement. (4) Consultation.--In undertaking the review required under paragraph (3), the Secretary shall-- (A) give careful consideration to the comments and recommendations of the Gulf of Maine Council; and (B) provide the Gulf of Maine Council, upon request, the opportunity to meet with and present the comments or recommendations of the Council directly to the Secretary during the applicable public comment period established under section 304 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854). (5) Nonacceptance by the secretary.--If the Secretary does not accept the recommendations reviewed under paragraph (3), the Secretary shall specify the reasons the recommendations were not accepted. (6) Findings.--Notwithstanding any other law, if the Secretary concurs with the recommendations submitted by the Gulf of Maine Council under this subsection, the Secretary shall issue a finding to the Management Council requesting that the Management Council review the fishery management plan in light of the recommendations of the Gulf of Maine Council not later than 180 days after the issuance of the finding. The Secretary shall also inform the Gulf of Maine Council of the finding. SEC. 7. ENVIRONMENTAL MANAGEMENT AND ASSESSMENT PROGRAM. (a) Establishment.-- (1) In general.--There is established an Environmental Management and Assessment Program (referred to in this subsection as the ``Program'') for the Gulf of Maine region. (2) Management of program.-- (A) In general.--The Program shall be managed by the Gulf of Maine Council on the Marine Environment Working Group in existence on the date of enactment of this Act (referred to in this section as the ``Working Group''). (B) Members.--The Working Group shall consist of such individuals as the members of the Gulf of Maine Council who represent States determine are appropriate. Membership should include representatives of Federal, State, and local governments and nonprofit organizations that have environmental management and assessment programs in the Gulf of Maine region. (3) Participation in the program.--The Gulf of Maine Council shall ensure that-- (A) all Federal and State agencies that have environmental management and assessment programs in the Gulf of Maine region have an opportunity to participate in the Program; and (B) the Program includes representation of the environmental management and assessment efforts being carried out by nongovernmental entities in the Gulf of Maine region. (b) Environmental Management and Assessment Plan.-- (1) In general.--Not later than 2 years after the Agreement is adopted, and after providing for public review and comment, the Working Group shall publish a plan for improved environmental management and assessment in the Gulf of Maine region. Prior to release of the plan for public review, the Boards and Councils referred to in sections 5, 6, and 8 shall review and comment on the plan. (2) Contents of plan.--The plan required under paragraph (1) shall-- (A) establish a comprehensive program for the long- term monitoring and assessment of the Gulf of Maine region, based on the Gulf of Maine Monitoring Plan established in 1990 by the Governors of Maine, Massachusetts, and New Hampshire, and the Premiers of Nova Scotia and New Brunswick; (B) identify environmental protection and management programs being carried out in the Gulf of Maine region and make recommendations for improving the effectiveness of the programs and coordination among programs; (C) identify and monitor priority habitat for the fish and wildlife species in the Gulf of Maine region and recommend measures for habitat conservation, including protection and restoration; and (D) reflect the goals and priorities established in the Agreement. (3) Planning and implementation grants.--The Administrator, the Secretary of Commerce, and the Secretary of the Interior may provide planning and implementation grants to the Gulf of Maine Council in an amount equal to not more than 75 percent of the total project cost, as determined by the Administrator or the Secretary, respectively, for planning and implementing environmental management and assessment projects under this section. In carrying out this paragraph, the Administrator and each Secretary may enter into a cooperative agreement with the Council. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 8. GULF OF MAINE RESEARCH. (a) Coordination With Existing Program.-- (1) In general.--The Gulf of Maine Council shall cooperate with the Regional Marine Research Board for the Gulf of Maine region established under title IV of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1447 et seq.) and the Regional Association for Research on the Gulf of Maine. (2) New authority.--The Regional Marine Research Board for the Gulf of Maine region shall continue to exercise the authorities and responsibilities established in title IV of such Act (16 U.S.C. 1447 et seq.) and shall also participate with the Gulf of Maine Council and with other organizations established under this Act in cooperative efforts to promote the environmental and economic health of the Gulf of Maine region. (3) Regional marine research plans.-- (A) Schedules.--The Regional Marine Research Board for the Gulf of Maine region may, in cooperation with the Gulf of Maine Council and with the approval of the Secretary, revise schedules for the development of research plans under section 404 of such Act (16 U.S.C. 1447c) as appropriate to ensure the effective coordination of the plans and programs carried out under such Act with the activities and plans carried out under this Act. (B) Goals and priorities.--The research plans referred to in subparagraph (A) shall reflect the goals and priorities established in the Agreement. Each research plan shall be reviewed by the Boards and Councils referred to in sections 5 through 7 prior to approval of the plan. (4) Continuation of program.--Notwithstanding section 403(f) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1447b(f)), the Regional Marine Research Board for the Gulf of Maine region shall continue to exist until the termination date specified in section 10. (b) Membership.-- (1) Current structure.--The membership of the Regional Marine Research Board for the Gulf of Maine region shall be as established under section 403 of such Act (16 U.S.C. 1447b). (2) Research advisory group.--The Gulf of Maine Council may establish a Gulf of Maine Research Advisory Group consisting of such individuals as the members of the Gulf of Maine Council who represent Provinces identify as appropriate to represent the marine research interests, including fisheries science and environmental quality, of the Provinces. The members of the Research Advisory Group shall, to the extent practicable, be selected in a manner consistent with paragraphs (1) and (2) of section 403(b) of such Act (16 U.S.C. 1447b(b)). (c) Authorization of Appropriations.--Notwithstanding section 407 of such Act (16 U.S.C. 1447f), there are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 9. ST. CROIX INTERNATIONAL WATERWAY COMMISSION. (a) In General.--The Administrator may award grants to the St. Croix International Waterway Commission to support the activities of the Commission. (b) Federal Share.-- (1) In general.--The Federal share of a grant awarded under this section shall be 50 percent of the amount of the grant award. (2) Non-federal share.--The non-Federal share of a grant awarded under this section shall be 50 percent of the amount of the grant award. Any person, including the State of Maine, the Province of New Brunswick, the Government of Canada, or any political subdivision thereof, may pay the non-Federal share. (c) Reports.-- (1) Submission by commission.--As a condition of receiving a grant award under this section, the Commission shall submit to the Administrator, by a date specified by the Administrator, an annual report on the activities of the Commission and the use by the Commission of the grant award. (2) Submission by administrator.--As soon as practicable after receipt of the report under paragraph (1), the Administrator shall submit a copy of the report and any written recommendations concerning the report to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Environmental Protection Agency to carry out this section $100,000 for each of fiscal years 1995 through 2000. SEC. 10. TERMINATION OF AUTHORITY. The authority provided by this Act (except for section 9) shall terminate on the date that is 13 years after the date of enactment of this Act. <all> S 2241 IS----2 S 2241 IS----3