[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 646 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 646
To create the National Endowment for the Oceans to promote the
protection and conservation of United States ocean, coastal, and Great
Lakes ecosystems, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2013
Mr. Whitehouse (for himself, Ms. Cantwell, Mr. Blumenthal, and Mr.
Nelson) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To create the National Endowment for the Oceans to promote the
protection and conservation of United States ocean, coastal, and Great
Lakes ecosystems, 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 ``National Endowment for the Oceans
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to protect, conserve, restore, and
understand the oceans, coasts, and Great Lakes of the United States,
ensuring present and future generations will benefit from the full
range of ecological, economic, educational, social, cultural,
nutritional, and recreational opportunities and services these
resources are capable of providing.
SEC. 3. DEFINITIONS.
In this Act:
(1) Coastal shoreline county.--The term ``coastal shoreline
county'' has the meaning given the term by the Administrator of
the Federal Emergency Management Agency for purposes of
administering the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.).
(2) Coastal state.--The term ``coastal State'' has the
meaning given the term ``coastal state'' in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3) Corpus.--The term ``corpus'', with respect to the
Endowment fund, means an amount equal to the Federal payments
to such fund, amounts contributed to the fund from non-Federal
sources, and appreciation from capital gains and reinvestment
of income.
(4) Endowment.--The term ``Endowment'' means the endowment
established under subsection (a).
(5) Endowment fund.--The term ``Endowment fund'' means a
fund, or a tax-exempt foundation, established and maintained
pursuant to this Act by the Foundation for the purposes
described in section 4(a).
(6) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation established by section 2(a) of the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701(a)).
(7) Income.--The term ``income'', with respect to the
Endowment fund, means an amount equal to the dividends and
interest accruing from investments of the corpus of such fund.
(8) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(10) Tidal shoreline.--The term ``tidal shoreline'' has the
meaning given that term pursuant to section 923.110(c)(2)(i) of
title 15, Code of Federal Regulations, or a similar successor
regulation.
SEC. 4. NATIONAL ENDOWMENT FOR THE OCEANS.
(a) Establishment.--The Secretary and the Foundation are authorized
to establish the National Endowment for the Oceans as a permanent
Endowment fund, in accordance with this section, to further the
purposes of this Act and to support the programs established under this
Act.
(b) Agreements.--The Secretary and the Foundation may enter into
such agreements as may be necessary to carry out the purposes of this
Act.
(c) Investments.--The Foundation shall invest the Endowment fund
corpus and income for the benefit of the Endowment.
(d) Requirements.--Any amounts received by the Foundation pursuant
to this Act shall be subject to the provisions of the National Fish and
Wildlife Establishment Act (16 U.S.C. 3701 et seq.), except the
provisions of section 10(a) of that Act (16 U.S.C. 3709(a)).
(e) Withdrawals and Expenditures.--
(1) Allocation of funds.--Each fiscal year, the Foundation
shall, in consultation with the Secretary, allocate an amount
equal to not less than 3 percent and not more than 7 percent of
the corpus of the Endowment fund and the income generated from
the Endowment fund from the current fiscal year.
(2) Expenditure.--Of the amounts allocated under paragraph
(1) for each fiscal year--
(A) at least 59 percent shall be used by the
Foundation to award grants to coastal States under
section 6(b);
(B) at least 39 percent shall be allocated by the
Foundation to award grants under section 6(c); and
(C) no more than 2 percent may be used by the
Secretary and the Foundation for administrative
expenses to carry out this Act, which amount shall be
divided between the Secretary and the Foundation
pursuant to an agreement reached and documented by both
the Secretary and the Foundation.
(f) Recovery of Payments.--After notice and an opportunity for a
hearing, the Secretary is authorized to recover any Federal payments
under this section if the Foundation--
(1) makes a withdrawal or expenditure of the corpus of the
Endowment fund or the income of the Endowment fund that is not
consistent with the requirements of section 5; or
(2) fails to comply with a procedure, measure, method, or
standard established under section 6(a)(1).
SEC. 5. ELIGIBLE USES.
(a) In General.--Amounts in the Endowment may be allocated by the
Foundation to support programs and activities intended to restore,
protect, maintain, or understand living marine resources and their
habitats and ocean, coastal, and Great Lakes resources, including
baseline scientific research, ocean observing, and other programs and
activities carried out in coordination with Federal and State
departments or agencies, that are consistent with Federal environmental
laws and that avoid environmental degradation, including the following:
(1) Ocean, coastal, and Great Lakes restoration and
protection, including the protection of the environmental
integrity of such areas, and their related watersheds,
including efforts to mitigate potential impacts of sea level
change, changes in ocean chemistry, and changes in ocean
temperature.
(2) Restoration, protection, or maintenance of living
ocean, coastal, and Great Lakes resources and their habitats,
including marine protected areas and riparian migratory habitat
of coastal and marine species.
(3) Planning for and managing coastal development to
enhance ecosystem integrity or minimize impacts from sea level
change and coastal erosion.
(4) Analyses of current and anticipated impacts of ocean
acidification and assessment of potential actions to minimize
harm to ocean, coastal, and Great Lakes ecosystems.
(5) Analyses of, and planning for, current and anticipated
uses of ocean, coastal, and Great Lakes areas.
(6) Regional, subregional, or site-specific management
efforts designed to manage, protect, or restore ocean, coastal,
and Great Lakes resources and ecosystems.
(7) Research, assessment, monitoring, observation,
modeling, and sharing of scientific information that contribute
to the understanding of ocean, coastal, and Great Lakes
ecosystems and support the purposes of this Act.
(8) Efforts to understand better the processes that govern
the fate and transport of petroleum hydrocarbons released into
the marine environment from natural and anthropogenic sources,
including spills.
(9) Efforts to improve spill response and preparedness
technologies.
(10) Acquiring property or interests in property in coastal
and estuarine areas, if such property or interest is acquired
in a manner that will ensure such property or interest will be
administered to support the purposes of this Act.
(11) Protection and relocation of critical coastal public
infrastructure affected by erosion or sea level change.
(b) Matching Requirement.--An amount from the Endowment may not be
allocated to fund a project or activity described in paragraph (10) or
(11) of subsection (a) unless non-Federal contributions in an amount
equal to 30 percent or more of the cost of such project or activity is
made available to carry out such project or activity.
(c) Considerations for Great Lakes States.--Programs and activities
funded in Great Lakes States shall also seek to attain the goals
embodied in the Great Lakes Restoration Initiative Plan, the Great
Lakes Regional Collaboration Strategy, the Great Lakes Water Quality
Agreement, or other collaborative planning efforts of the Great Lakes
Region.
(d) Prohibition on Use of Funds for Litigation.--No funds made
available under this Act may be used to fund litigation over any
matter.
SEC. 6. GRANTS.
(a) Administration of Grants.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Foundation shall establish the
following:
(A) Application and review procedures for the
awarding of grants under this section, including
requirements ensuring that any amounts awarded under
such subsections may only be used for an eligible use
described under section 5.
(B) Approval procedures for the awarding of grants
under this section that require consultation with the
Secretary of Commerce and the Secretary of the
Interior.
(C) Eligibility criteria for awarding grants--
(i) under subsection (b) to coastal States;
and
(ii) under subsection (c) to entities
including States, Indian tribes, regional
bodies, associations, non-governmental
organizations, and academic institutions.
(D) Performance accountability and monitoring
measures for programs and activities funded by a grant
awarded under subsection (b) or (c).
(E) Procedures and methods to ensure accurate
accounting and appropriate administration of grants
awarded under this section, including standards of
record keeping.
(F) Procedures to carry out audits of the Endowment
as necessary, but not less frequently than once every 5
years.
(G) Procedures to carry out audits of the
recipients of grants under this section.
(2) Approval procedures.--
(A) Submittal.--The Foundation shall submit to the
Secretary each procedure, measure, method, and standard
established under paragraph (1).
(B) Determination and notice.--Not later than 90
days after receiving the procedures, measures, methods,
and standards under subparagraph (A), the Secretary
shall--
(i) determine whether to approve or
disapprove of such procedures, measures,
methods, and standards; and
(ii) notify the Foundation of such
determination.
(C) Justification of disapproval.--If the Secretary
disapproves of the procedures, measures, methods, and
standards under subparagraph (B), the Secretary shall
include in notice submitted under clause (ii) of such
subparagraph the rationale for such disapproval.
(D) Resubmittal.--Not later than 30 days after the
Foundation receives notification under subparagraph
(B)(ii) that the Secretary has disapproved the
procedures, measures, methods, and standards, the
Foundation shall revise such procedures, measures,
methods, and standards and submit such revised
procedures, measures, methods, and standards to the
Secretary.
(E) Review of resubmittal.--Not later than 30 days
after receiving revised procedures, measures, methods,
and standards resubmitted under subparagraph (D), the
Secretary shall--
(i) determine whether to approve or
disapprove the revised procedures, measures,
methods, and standards; and
(ii) notify the Foundation of such
determination.
(b) Grants to Coastal States.--
(1) In general.--Subject to paragraphs (2) and (3), the
Foundation shall award grants of amounts allocated under
section 4(e)(2)(A) to coastal States that have a coastal
management program approved under the Coastal Zone Management
Act of 1972 (16 U.S.C. 1451 et seq.), based on the following
formula:
(A) Fifty percent of the funds are allocated
equally among such coastal States.
(B) Twenty-five percent of the funds are allocated
on the basis of the ratio of tidal shoreline miles in a
coastal State to the tidal shoreline miles of all
coastal States.
(C) Twenty-five percent of the funds are allocated
on the basis of the ratio of population density of the
coastal shoreline counties of a coastal State to the
population density of all coastal shoreline counties.
(2) Maximum allocation to states.--Notwithstanding
paragraph (1), not more than 10 percent of the total funds
distributed under this subsection may be allocated to any
single State. Any amount exceeding this limit shall be
redistributed among the remaining States according to the
formula established under paragraph (1).
(3) Maximum allocation to certain geographic areas.--
(A) In general.--Notwithstanding paragraph (1),
each geographic area described in subparagraph (B) may
not receive more than 1 percent of the total funds
distributed under this subsection. Any amount exceeding
this limit shall be redistributed among the remaining
States according to the formula established under
paragraph (1).
(B) Geographic areas described.--The geographic
areas described in this subparagraph are the following:
(i) American Samoa.
(ii) The Commonwealth of the Northern
Mariana Islands.
(iii) Guam.
(iv) Puerto Rico.
(v) The Virgin Islands.
(4) Requirement to submit plans.--
(A) In general.--To be eligible to receive a grant
under this subsection, a coastal State shall submit to
the Secretary, and the Secretary shall review, a 5-year
plan, which shall include the following:
(i) A prioritized list of goals the coastal
State intends to achieve during the time period
covered by the 5-year plan.
(ii) Identification and general
descriptions of existing State projects or
activities that contribute to realization of
such goals, including a description of the
entities conducting those projects or
activities.
(iii) General descriptions of projects or
activities, consistent with the eligible uses
described in section 5, applicable provisions
of law relating to the environment, and
existing Federal ocean policy, that could
contribute to realization of such goals.
(iv) Criteria to determine eligibility for
entities which may receive grants under this
subsection.
(v) A description of the competitive
process the coastal State will use in
allocating funds received from the Endowment,
except in the case of allocating funds under
paragraph (7), which shall include--
(I) a description of the relative
roles in the State competitive process
of the State coastal zone management
program approved under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451
et seq.) and any State Sea Grant
Program; and
(II) a demonstration that such
competitive process is consistent with
the application and review procedures
established by the Foundation under
subsection (a)(1).
(B) Updates.--As a condition of receiving a grant
under this subsection, a coastal State shall submit to
the Secretary, not less frequently than once every 5
years, an update to the plan submitted by the coastal
State under subparagraph (A) for the 5-year period
immediately following the most recent submittal under
this paragraph.
(5) Opportunity for public comment.--In determining whether
to approve a plan or an update to a plan described in
subparagraph (A) or (B) of paragraph (4), the Secretary shall
provide the opportunity for, and take into consideration,
public input and comment on the plan.
(6) Approval procedure.--
(A) In general.--Not later than 30 days after the
opportunity for public comment on a plan or an update
to a plan of a coastal State under paragraph (5), the
Secretary shall notify such coastal State that the
Secretary--
(i) approves the plan as submitted; or
(ii) disapproves the plan as submitted.
(B) Disapproval.--If the Secretary disapproves a
proposed plan or an update of a plan submitted under
subparagraph (A) or (B) of paragraph (4), the Secretary
shall provide notice of such disapproval to the
submitting coastal State in writing, and include in
such notice the rationale for the Secretary's decision.
(C) Resubmittal.--If the Secretary disapproves a
plan of a coastal State under subparagraph (A), the
coastal State shall resubmit the plan to the Secretary
not later than 30 days after receiving the notice of
disapproval under subparagraph (B).
(D) Review of resubmittal.--Not later than 60 days
after receiving a plan resubmitted under subparagraph
(C), the Secretary shall review the plan.
(7) Indian tribes.--As a condition on receipt of a grant
under this subsection, a State that receives a grant under this
subsection shall ensure that Indian tribes in the State are
eligible to participate in the competitive process described in
the State's plan under paragraph (4)(A)(v).
(c) National Grants for Oceans, Coasts, and Great Lakes.--
(1) In general.--The Foundation may use amounts allocated
under section 4(e)(2)(B) to award grants according to the
procedures established in subsection (a) to support activities
consistent with section 5.
(2) Advisory panel.--
(A) In general.--The Foundation shall establish an
advisory panel to conduct reviews of applications for
grants under paragraph (1) and the Foundation shall
consider the recommendations of the Advisory Panel with
respect to such applications.
(B) Membership.--The advisory panel established
under subparagraph (A) shall include persons
representing a balanced and diverse range, as
determined by the Foundation, of--
(i) ocean, coastal, and Great Lakes
dependent industries;
(ii) geographic regions;
(iii) nonprofit conservation organizations
with a mission that includes the conservation
and protection of living marine resources and
their habitats; and
(iv) academic institutions with strong
scientific or technical credentials and
experience in marine science or policy.
SEC. 7. ANNUAL REPORT.
(a) Requirement for Annual Report.--Beginning with fiscal year
2014, not later than 60 days after the end of each fiscal year, the
Foundation shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Natural Resources of
the House of Representatives a report on the operation of the Endowment
during the fiscal year.
(b) Content.--Each annual report submitted under subsection (a) for
a fiscal year shall include--
(1) a statement of the amounts deposited in the Endowment
and the balance remaining in the Endowment at the end of the
fiscal year; and
(2) a description of the expenditures made from the
Endowment for the fiscal year, including the purpose of the
expenditures.
SEC. 8. FUNDING.
(a) Outer Continental Shelf Lease Revenue.--Section 8 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at
the end the following:
``(q) Deposits in the National Endowment for the Oceans.--
``(1) In general.--Beginning with the first fiscal year
beginning after the date of the enactment of the National
Endowment for the Oceans Act, the Secretary shall deposit 12.5
percent of the revenue paid to the United States under this
section in the National Endowment for the Oceans established
pursuant to section 4 of that Act.
``(2) Fines collected for violations of federal law.--
``(A) In general.--Beginning with the first fiscal
year beginning after the date of the enactment of the
National Endowment for the Oceans Act, the President
shall ensure that 10 percent of the civil penalties
paid to the United States for a violation of a law set
out under subparagraph (B) or for a violation of any
requirement or prohibition of any rule, order, or
permit promulgated, issued, or approved under such a
law that occurs on the outer Continental Shelf are
deposited in the National Endowment for the Oceans
referred to in paragraph (1).
``(B) Laws.--The laws set out under this
subparagraph are the following:
``(i) The Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) (commonly referred
to as the `Clean Water Act') other than
penalties provided for under section 311 of
such Act (33 U.S.C. 1321).
``(ii) The Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
``(iii) Chapter 601 of title 49, United
States Code.
``(iv) The Act of March 3, 1899 (30 Stat.
1151, chapter 425; 33 U.S.C. 401 et seq.).''.
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