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who shall each be appointed by the Administrator: (A) An Assistant Administrator for Oceans Ecosystem Management and Protection, who shall be the head of the Office of Oceans Ecosystem Management and Protection and shall oversee programs and activities of the Administration relating to marine ecosystem health and ecosystem-based management of United States ocean waters, including— (i) coastal, estuary, Great Lakes, and ocean management; (ii) watershed monitoring; (iii) coral reefs; (iv) harmful algal blooms; (v) hypoxia; (vi) response and restoration; (vii) fisheries research and management;
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(viii) protected resources research and management; (ix) habitat conservation research and management; (x) enforcement and surveillance services; (xi) marine and estuarine aquaculture; (xii) coastal and estuarine land conservation and restoration; (xiii) sanctuaries and marine protected areas; (xiv) invasive species; and (xv) ocean and coastal partnerships.
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(B) An Assistant Administrator for Weather Services, who shall be the head of the National Weather Service and shall oversee programs and activities of the Administration relating to— (i) weather research; (ii) air quality research; and (iii) weather systems operations and management. (C) An Assistant Administrator for Oceans and Atmospheric Research and Data Services, who shall be the head of the Office of Oceans and Atmospheric Research and Data Services and shall oversee programs and activities of the Administration relating to oceans and atmospheric science and research, including— (i) oceans, coastal, and Great Lakes research; (ii) navigation;
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(iii) coastal and ocean observing systems; (iv) climate research; (v) the National Sea Grant College Program; (vi) the National Undersea Research Program; (vii) ocean exploration, including as described in section 1001; (viii) polar research; (ix) environmental satellite observing systems; and (x) data centers and information services.
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(D) An Assistant Administrator for Oceans and Atmospheric Education, who shall be the head of the Office of Education and shall oversee programs and activities of the Administration relating to marine education and outreach, including— (i) the JASON Project; (ii) ocean science competition; (iii) educational partnership programs; and (iv) other responsibilities as described in section 904.
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(E) An Assistant Administrator for Personnel, Program, and Facilities Management, who shall be the head of the Office of Personnel, Program, and Facilities Management, shall oversee the programs and activities of the Administration relating to general management of personnel, programs, facilities (including all vessels and aircraft), and financial matters, including— (i) program management and direction; (ii) budget formulation, guidance, and execution; (iii) resource requirements determination and allocation; (iv) environment, safety, and health operations; and (v) administration of contracts, real property, and facilities.
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(F) A Chief Scientist, who shall be the chair of the Science Advisory Board of the Administration. (G) A General Counsel, who shall— (i) be the chief legal officer of the Administration for all legal matters that arise in connection with the conduct of the functions of the Administration; and (ii) perform such other functions and exercise such powers as the Administrator may prescribe. (2) Pay
The Chief Scientist, General Counsel, and each Assistant Administrator is a Senior Executive Service general position. 304.
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Qualifications of Administration officers
The Chief Scientist, General Counsel, Assistant Administrators, and Regional Administrators of the Administration shall be appointed from among individuals who are qualified by reason of background and experience to direct the implementation and administration of the functions for which they are responsible. 305. Transfer of marine mammals management functions to the Administrator
There is hereby transferred to the Administrator the function of marine mammals management authorized by the Marine Mammal Protection Act of 1972 and under the jurisdiction of the United States Fish and Wildlife Service immediately before the date of enactment of this Act. 306.
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Science Advisory Board
(a) In general
There shall be in the Administration a Science Advisory Board, which shall report to the Administrator. (b) Purpose
The purpose of the Science Advisory Board is to advise the Administrator on long-range and short-range strategies for research, education, and application of science to ocean resource management and environmental assessment and prediction.
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(c) Members
(1) In general
The Science Advisory Board shall consist of not less than 11 members, and not more than 15 members, appointed by the Administrator to assure a balanced representation among scientists, engineers, educators, and science policy experts who are preeminent in their field and have demonstrated experience reflecting the full breadth of the Administration’s areas of responsibility. (2) Terms
Members of the Science Advisory Board— (A) shall be appointed for a 3-year term; (B) may be reappointed once; and (C) shall serve at the discretion of the Administrator.
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(d) Compensation and expenses
A member of the Science Advisory Board shall not receive compensation for service on such board, but upon request by the member may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (e) Ethical standards
Members of the Science Advisory Board are subject to the ethical standards applicable to special Government employees. (f) Chair
The Chief Scientist is the chair of the Science Advisory Board.
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(g) Meetings
The Science Advisory Board shall meet at least twice a year, and at other times at the call of the Administrator or the chair of the Board. (h) Administrative support
The Administrator shall provide administrative support to the Science Advisory Board. 307.
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Report of recommendations for reorganization to establish a Department of Natural Resources
The President shall submit to the Congress by not later than 2 years after the date of the enactment of this Act recommendations for reorganizing functions and components of existing Federal departments and agencies for the purpose of establishing a Department of Natural Resources having authority for Federal programs relating to land, air, and water resources, including freshwater and ocean resources. 401.
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Executive Advisor; mission
(a) Establishment
(1) In general
There is established in the Executive Office of the President a National Oceans Advisor, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Compensation
The Advisor shall be paid at a rate specified by the President not to exceed the rate payable for Level V of the Executive Schedule under section 5136 of title 5, United States Code.
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(b) Duties
The Advisor shall— (1) advise the President on implementation of this Act, activities of the National Oceans Council, section 501, and other covered actions relating to United States ocean waters and marine ecosystem health; (2) serve as the Executive Director of the National Oceans Council established by section 501; and (3) in consultation with the Administrator, coordinate Federal agency covered actions related to United States ocean waters and marine ecosystem health. 402.
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Staffing
(a) In general
The Advisor, without regard to the civil service laws and regulations governing employment in the competitive service, may employ such officers and employees as may be necessary to carry out the functions of the National Oceans Advisor under this Act. (b) Voluntary and uncompensated services
The Advisor may accept, employ, and terminate voluntary and uncompensated services in furtherance of the purposes of the Advisor. 501. Establishment of Council; mission
(a) Establishment
There is established in the Executive Office of the President a National Oceans Council.
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(b) Duties
The Council shall— (1) facilitate interagency coordination on Federal agency covered actions related to United States ocean waters and marine ecosystem health and the implementation of this Act; (2) review and appraise the various programs and activities of the Federal Government for consistency with the policy set forth in section 101 and make recommendations to the President with respect thereto no later than 1 year after the date of enactment of this Act; (3) resolve interagency disputes regarding marine ecosystem health and in particular the implementation of this Act;
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(4) coordinate and certify agency ocean budgets regarding their sufficiency to achieve the policy set forth in section 101; and (5) submit to the President and publish at least once every 2 years a report on the condition of United States ocean waters. (c) Resources
In carrying out its functions under this Act, the Council may secure directly from any Federal agency or department any information it considers to be necessary to carry out its functions under this Act.
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Each such agency or department may cooperate with the Council and, to the extent permitted by law, shall furnish such information (other than information described in section 552(b)(1)(A) of title 5, United States Code) to the Council, upon request of the Council. 502. Chair; membership; functions
(a) Chair
The National Oceans Advisor shall be the Chair of the Council. (b) Membership
(1) In general
The Council shall have 19 voting members, as follows: (A) The Administrator of the National Oceanic and Atmospheric Administration.
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(B) The Secretary of State. (C) The Secretary of the Interior. (D) The Secretary of Defense. (E) The Secretary of Agriculture. (F) The Secretary of Transportation. (G) The Secretary of Homeland Security. (H) The Secretary of Education. (I) The Secretary of Energy. (J) The Secretary of Health and Human Services. (K) The Administrator of the Environmental Protection Agency. (L) The Director of the Office of Management and Budget. (M) The Director of the National Science Foundation.
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(N) Four State governors appointed by the National Governors Association, who shall represent State and local interests. (O) The Administrator of the National Aeronautics and Space Administration. (P) The Chair of the National Research Council Governing Board.
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(2) State governor members
(A) Terms
Of the members appointed under paragraph (1)(N)— (i) except as provided in clause (iii), their term as a member shall be 3 years; (ii) one member shall be appointed to an initial 3-year term that begins in a Federal election year in which there occurs an election of the President; (iii) one member shall be appointed to an initial 3-year term that begins in a Federal election year in which there does not occur an election of the President; and (iv) at least 2 shall be governors of coastal States.
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(B) Limitation on appointment
A governor of a State may not be appointed under paragraph (1)(K) to a term on the Council that begins before the end of the 3-year period that begins upon the expiration of a prior term on the Council served by a governor of the State. (c) Staff
(1) In general
The Chair, without regard to the civil service laws and regulations, may employ and terminate such employees as may be necessary to carry out its function under this Act.
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(2) Voluntary and uncompensated services
The Chair may accept, employ, and terminate voluntary and uncompensated services in furtherance of the purposes of the Council. 503. Limitations on voting
(a) Administrator
The Administrator may not participate in any vote of the National Oceans Council on any matter concerning resolution of an interagency dispute regarding marine ecosystem health.
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(b) Head of agency
A member of the National Oceans Council may not participate in any vote of the National Oceans Council on any matter concerning resolution of an interagency dispute regarding a covered action by a Federal agency that is under the administrative jurisdiction of the member. 601. Establishment of Council
There is established the Council of Advisors on Oceans Policy. 602. Duties
The Council shall advise the President, the National Oceans Advisor, and the National Oceans Council on policies to protect, maintain, and restore the health of marine ecosystems on a regional and national basis. 603.
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Membership
(a) In general
The Council shall have not less than 13 members and not more than 17 members (as determined by the President) appointed by the President. (b) Included members
The members of the Council shall include at least 1 representative of each of the following: (1) State, tribal, and local governments. (2) The marine science research community. (3) The marine science education community. (4) Fisheries. (5) Non-fishing marine activities. (6) Agriculture, which may include timber.
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(7) Watershed organizations (other than organizations represented under paragraph (8)), which may include resource conservation districts. (8) Non-governmental organizations (other than organizations represented under paragraph (7)), including groups interested in marine conservation. (c) Terms
(1) In general
Except as provided in paragraph (2), the term of a member of the Council shall be 3 years.
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(2) Initial appointees
Of the members initially appointed to the Council— (A) one-half shall be appointed to a 3-year term that ends in a Federal election year in which there occurs an election of the President; and (B) one-half shall be appointed to a 3-year term that ends in a Federal election year in which there does not occur an election of the President; (d) Qualification
Members of the Council shall be appointed based on their knowledge and experience in coastal, ocean, and atmospheric science, policy, and other related areas.
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(e) Vacancies
Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. (f) Limitation
An individual may not serve more than 2 terms as a member of the Council. (g) Compensation and expenses
A member of the Council shall not receive compensation for service on the Council, but upon request by the member may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. 604.
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Meetings
The Council shall meet at least 2 times each year and more often at the President’s discretion. 701.
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Findings
The Congress finds the following: (1) Ecosystem-based management of United States ocean waters— (A) is needed to protect, maintain, and restore the health of marine ecosystems; (B) may occur at scales larger or smaller than the ocean regions designated by this title; (C) will coordinate among management of terrestrial, atmospheric, and ocean resources; (D) requires partnerships among State, local, tribal, and Federal governments that promote coordination of such governments; and (E) will be greatly enhanced by regional ocean observing systems. 702.
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Designation of ocean regions; Regional Administrators
(a) Establishment of regions
There are hereby designated the following ocean regions: (1) North Pacific Ocean Region
The North Pacific Ocean Region, which shall consist of United States ocean waters off the coast of the State of Alaska, including such waters of the Arctic Ocean, Bering Sea, and Pacific Ocean seaward of Alaska. (2) Pacific Ocean Region
The Pacific Ocean Region, which shall consist of United States ocean waters off the coast of the States of California, Oregon, and Washington.
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(3) Western Pacific Ocean Region
The Western Pacific Ocean Region, which shall consist of United States ocean waters off the coast of the State of Hawaii and of American Samoa, Guam, and the Northern Mariana Islands, including such waters of the Pacific Ocean seaward of the Commonwealths, territories, and possessions of the United States in the Pacific Ocean area. (4) Gulf of Mexico Ocean Region
The Gulf of Mexico Ocean Region, which shall consist of United States ocean waters of the Gulf of Mexico off the coast of the States of Texas, Louisiana, Mississippi, Alabama, and Florida.
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(5) South Atlantic Ocean Region
The South Atlantic Ocean Region, which shall consist of United States ocean waters of the Atlantic Ocean off the coast of the States of North Carolina, South Carolina, Georgia, and Florida. (6) Caribbean Ocean Region
The Caribbean Ocean Region, which shall consist of United States ocean waters of the Caribbean Sea and Atlantic Ocean off the coast of the Virgin Islands and the Commonwealth of Puerto Rico.
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(7) Mid-Atlantic Ocean Region
The Mid-Atlantic Ocean Region, which shall consist of United States ocean waters of the Atlantic Ocean off the coast of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, and Virginia. (8) New England Ocean Region
The New England Ocean Region, which shall consist of United States ocean waters of the Atlantic Ocean off the coast of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut.
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(9) Great Lakes Region
The Great Lakes Region, which shall consist of United States ocean waters of the Great Lakes off the coast of Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio, Pennsylvania, and New York.
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(b) National Oceanic and Atmospheric Administration Regional Offices
(1) Establishment
The Administrator shall, by not later than 1 year after the date of the enactment of this Act— (A) establish for each ocean region designated under subsection (a) a National Oceanic and Atmospheric Administration Regional Office, which shall be relatively centrally located in the coastal area of the ocean region; and (B) appoint a Regional Administrator of the National Oceanic and Atmospheric Administration for that region.
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(2) Functions of Regional Administrators
A Regional Administrator appointed under paragraph (1) for an ocean region shall— (A) be the head of the National Oceanic and Atmospheric Administration Regional Office established for that region; (B) be responsible for implementation of this title with respect to that ocean region; (C) provide a written opinion to the Administrator on the consistency of a proposed covered action with an approved Regional Ocean Ecosystem Plan; (D) support coordination and information transfer between Regional Oceans Councils and agencies and groups at the international, Federal, State, tribal, territorial, local, and other levels;
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(E) conduct other tasks as deemed necessary by the Administrator to fulfill the mission of the Agency; and (F) report directly to the Administrator on matters relating to regional implementation of this Act. (3) Staff
The Regional Administrator appointed under paragraph (1) for an ocean region shall appoint staff for the National Oceanic and Atmospheric Administration Regional Office for the ocean region. 703.
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Regional Ocean Councils
(a) Establishment
The Administrator shall establish, within 120 days after the date of the enactment of this Act, a Regional Ocean Council for each of the regions designated under section 702(a), as follows: (1) North Pacific council
The North Pacific Regional Ocean Council, which shall include at least 1 representative of the State of Alaska and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the North Pacific Ocean Region.
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(2) Pacific council
The Pacific Regional Ocean Council, which shall include at least 1 representative of each of the States of California, Oregon, and Washington, and shall have authority to develop and implement a Regional Ocean Ecosystem plan as required under section 704 for United States ocean waters of the Pacific Ocean Region.
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(3) Western Pacific council
The Western Pacific Regional Ocean Council, which shall include at least 1 representative of each of the State of Hawaii and American Samoa, Guam, and the Northern Mariana Islands and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the Pacific Ocean Region.
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(4) Gulf of Mexico council
The Gulf of Mexico Regional Ocean Council, which shall include at least 1 representative of each of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the Gulf of Mexico Ocean Region.
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(5) South Atlantic council
The South Atlantic Regional Ocean Council, which shall include at least 1 representative of each of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United Sates ocean waters of the Atlantic Ocean Region.
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(6) Caribbean council
The Caribbean Regional Ocean Council, which shall include at least 1 representative of each of the Virgin Islands and the Commonwealth of Puerto Rico and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the Caribbean Ocean Region.
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(7) Mid-Atlantic council
The Mid-Atlantic Regional Ocean Council, which shall include at least 1 representative of each of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, and Virginia and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the Atlantic Ocean Region.
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(8) New England council
The New England Regional Ocean Council, which shall include at least 1 representative of each of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the New England Ocean Region.
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(9) Great Lakes council
The Great Lakes Oceans Council, which shall include at least 1 representative of each of the States of Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio, Pennsylvania, and New York and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the Great Lakes Region.
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(b) Membership
(1) Number
Each Council shall consist of— (A) the Regional Administrator for the ocean region under the authority of the Council, who shall be the chairperson of the Council; and (B) a number of additional members determined by the Administrator consistent with this subsection. (2) Equal numbers of Federal and State members
Of the total number of members of each Council under paragraph (1)(B)— (A) one half shall be Federal representatives appointed under paragraph (3); and (B) one half shall be State representatives appointed under paragraph (4).
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(3) Federal representatives
(A) In general
The Administrator, in consultation with the National Oceans Council, shall appoint representatives of the Federal Government to each Council from among officers or employees of Federal agencies or departments whose actions relate to protecting, maintaining, and restoring marine ecosystem health of United States ocean waters.
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(B) Included agencies
The members appointed to each Council under this paragraph— (i) may include officers or employees of the Department of the Interior, the Environmental Protection Agency, the Corps of Engineers, and other agencies considered by the Regional Administrator for the ocean region under the authority of the Council to be appropriate to implement ecosystem-based management; and (ii) shall include an officer or employee of the Administration. (C) Pacific and North Pacific Councils
The members appointed to each of the Pacific Regional Ocean Council and the North Pacific Regional Ocean Council shall include tribal representation.
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(4) State representatives
(A) State Appointments
The Governor of each State, Commonwealth, territory, and possession of the United States with a representative on a Council under subsection (a) shall appoint as such member of the Council an officer or employee of a State agency having responsibilities relating to marine ecosystem health. (B) Additional Appointments
The Administrator shall appoint to each Council such total number of additional representatives of States, Commonwealths, territories, and possessions of the United States with a representative on the Council under subsection (a) as is necessary to comply with paragraph (2).
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(c) Procedures
(1) In general
Except as provided in paragraph (2), each Council shall operate in accordance with procedures established by the Council and approved by the Administrator. (2) Interim procedures
Each Council shall operate in accordance with interim procedures prescribed by the Administrator until such time as the Administrator approves procedures established by the Council under paragraph (1).
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(3) Required procedures
The Administrator shall prescribe requirements for approval of procedures under paragraph (1), and interim procedures for purposes of paragraph (2), including such requirements and interim procedures that address— (A) issues of transparency in decision making; and (B) opportunities for public comment. (d) Staff
(1) Hiring authority
Each Council may hire such staff as is necessary to perform the functions of the Council. (2) Treatment
Staff hired by a Council shall be treated as employees of the Administration.
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(e) Consideration of other regional efforts
In performing functions under this title, each Council shall— (1) to the extent practicable and consistent with other provisions of this Act, consider and build on other efforts within the region relating to the ecologically sustainable management of United States ocean waters, including regional ocean observing programs and restoration projects; and (2) in cases in which marine ecosystem health may be better ensured by activities at a scale larger or smaller than the ocean region of the Council, make every effort to consider and support such activities.
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(f) International cooperation
Each Council is encouraged to foster non-binding relationships with foreign governments, agencies, States, provinces, and other entities as appropriate, at scales appropriate to the region under the authority of the Council, including by providing opportunities for non-voting participation by foreign representatives at meetings of the Council, its advisory committees, and other working groups. 704. Regional Ocean Ecosystem Plans
(a) Requirement
Each Regional Ocean Council shall, within 5 years after the establishment of the Council, prepare and submit to the Administrator a Regional Ocean Ecosystem Plan for the ocean region under the authority of the Council.
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(b) Contents
Each Regional Ocean Ecosystem Plan prepared under this section shall include, at a minimum, provisions that accomplish the following with respect to the ocean region for which it is prepared: (1) Provide guidance for implementing ecosystem-based management of all United States ocean waters. (2) Assess the history and state of the ocean region, including the health of marine ecosystems within the ocean region. (3) Identify the key threats to marine ecosystem health and describe ways to address those threats. (4) Identify gaps in knowledge and information that would inform ecosystem-based management.
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(5) Prioritize research and conservation efforts needed, including research and conservation carried out by the Administration. (6) Provide for the development and monitoring of criteria and indicators, as described in section 202, of the health of marine ecosystems. (7) Establish clear and measurable management and restoration goals for marine ecosystem health. (8) Provide for the development and implementation of enforceable policies to protect, maintain, and restore marine ecosystem health. (9) Comply with the national standards and policy under section 201.
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(10) Assign clear roles and responsibilities regarding efforts to protect, maintain, and restore marine ecosystem health. (11) Coordinate with existing ecosystem-based management efforts within the ocean region. (c) Review of plans
(1) Review by Administrator
Upon submission by a Council to the Administrator of a Regional Ocean Ecosystem Plan or amendment to such a plan, the Administrator shall— (A) immediately commence a review of the plan or amendment to determine whether it is consistent with the national standards, the other provisions of this Act, and any other applicable law;
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and (B) immediately publish in the Federal Register a notice stating that the plan or amendment is available and that written information, views, or comments of interested persons on the plan or amendment may be submitted to the Administrator— (i) during the 120-day period beginning on the date the notice is published, in the case of a plan; or (ii) 90-day period beginning on the date the notice is published, in the case of an amendment.
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(2) Considerations and consultation
In undertaking the review required under paragraph (1), the Administrator shall— (A) take into account the information, views, and comments received from interested persons; (B) consult with the Secretary of State with respect to foreign use of United States ocean waters; (C) consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea; and (D) consult with the Secretary of the Interior and other Federal agencies, as appropriate.
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(3) Approval or disapproval
(A) Requirement
The Administrator shall approve, disapprove, or partially approve a Regional Ocean Ecosystem Plan or amendment within 60 days after the end of the comment period under paragraph (1) in the case of a plan, or within 30 days after the end of the comment period under paragraph (1) in the case of an amendment, by written notice to the Council.
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A notice of disapproval or partial approval shall specify— (i) the applicable law with which the plan or amendment is inconsistent; (ii) the nature of such inconsistencies; and (iii) recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law.
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(B) Automatic effectiveness
If the Administrator does not notify a Council within 60 days after the end of the comment period in the case of a plan, or within 30 days after the end of the comment period in the case of an amendment, of the approval, disapproval, or partial approval of a Regional Ocean Ecosystem Plan or amendment, then such plan or amendment shall take effect as if approved.
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(4) Submission of revisions for full approval
If the Administrator disapproves or partially approves a Regional Ocean Ecosystem Plan or amendment, the Council may submit a revised plan or amendment to the Administrator for review under this subsection. (5) Immediately defined
For purposes of this subsection, the term immediately means on or before the 5th day after the day on which a Council transmits to the Administrator a Regional Ocean Ecosystem Plan or amendment to such a plan that the Council characterizes as final.
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(d) Interim report
Each Council shall submit to the Administrator, by not later than 30 months after the date of completion of appointment of the members of the Council, an interim report on progress made by the Council in preparing a Regional Ocean Ecosystem Plan under this section. (e) Preparation by Administrator
If a Council fails to prepare and submit a Regional Ocean Ecosystem Plan in accordance with this section within 5 years after the date of the enactment of this Act, the Administrator shall prepare such plan within 7 years after the date of the enactment of this Act.
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If a Council fails to have a fully approved Regional Ocean Ecosystem Plan for that ocean region within 7 years after the date of enactment of this Act, the Administrator shall prepare such amendments as necessary to make the plan be in compliance with this Act within 8 years after the date of enactment of this Act. The Regional Administrator for that ocean region shall be responsible for monitoring the progress of the Council’s development of the Regional Ocean Ecosystem Plan and offering comment regarding the extent to which the plan is consistent with this Act.
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(f) Updating of plans
Each Council shall review and, as appropriate, submit to the Administrator amendments to revise the Regional Ocean Ecosystem Plan that applies to the ocean region over which it has authority at least once every 8 years. 705. Consistency requirements
Each covered action that may significantly affect United States ocean waters in an ocean region shall be carried out in a manner that is consistent to the fullest extent possible with the enforceable policies of any Regional Ocean Ecosystem Plan that is approved or prepared by the Administrator under this title. 706.
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Regional Ocean Council advisory committees
(a) Authority
Each Council may establish and appoint the members of advisory committees and working groups as necessary for preparation of a Regional Ocean Ecosystem Plan under this title. (b) Required advisory committees
Each Council shall establish and appoint the members of the following advisory committees: (1) A Science Advisory Committee in accordance with subsection (c). (2) A Citizens Advisory Committee in accordance with subsection (d). (3) An Inland States Advisory Committee in accordance with subsection (e).
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(c) Advice and input
The Council, advisory committees, and any associated working groups may seek advice and input from any interested or knowledgeable person as deemed necessary. (d) Science Advisory Committee
(1) Membership
The Science Advisory Committee established under subsection (b) shall be comprised of an interdisciplinary membership that includes individuals who are qualified by reason of academic background and experience to represent natural and social science fields of study, including biology, ecology, oceanography, atmospheric science, geology, geography, sociology, anthropology, and economics.
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(2) Functions
The Science Advisory Committee established under subsection (b) shall— (A) provide scientific expertise on the validity and overall approach taken by the Council in its efforts to protect, maintain, and restore the health of marine ecosystems; (B) oversee the peer-review of documents and technical reports produced by the Council and the quality of documents and technical reports used by the Council; and (C) provide consultation to Council staff in their efforts to provide information or guidance requested by the Council, its committees and working groups. (3) Effect of recommendations
The Science Advisory Committee may issue publicly available Implementation Instructions.
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In such cases, the Council shall, within 90 days of issuance of Implementation Instructions, consult with advisory committees and working groups as deemed appropriate, and— (A) implement the recommendation; or (B) provide publicly available written explanation as to why the Implementation Instructions were not implemented. (4) Other guidance
The Science Advisory Committee may issue guidance and other statements not subject to the above provision.
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(e) Citizens Advisory Committee
(1) Membership
The Citizens Advisory Committee shall be comprised of nongovernmental members of the public, including, but not limited to, a wide range of citizens interested in multiple uses of United States ocean waters and ocean resources. (2) Functions
The Citizens Advisory Committee shall— (A) provide information about the activities encompassed in, affected by, or pertinent to Regional Ocean Ecosystem Plans; (B) advise the Council as appropriate; and (C) provide consultation to Council staff in their efforts to provide information or guidance requested by the Council, its committees, and working groups.
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(f) Inland States Advisory Committee
The Inland-States Advisory Committee established under subsection (b) shall— (1) have a membership that is comprised of representatives of inland States that, according to maps and data of the United States Geological Survey, have jurisdiction over waters that feed into the ocean region over which the Council has authority; (2) facilitate communication between such inland States and coastal States regarding important coastal and ocean issues that cannot be solved without inland State participation; and (3) provide consultation to Council staff in their efforts to provide information or guidance requested by the Council, its committees, and working groups.
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(g) FACA
The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to any advisory committee established by a Council. 707. Financial assistance to States
The Administrator shall provide financial assistance to States for expenses incurred in participating on a Regional Ocean Council or an Inland States Advisory Committee under this title. 708. Citizen suits
(a) Suits authorized
Any person may commence a civil suit on the person’s own behalf— (1) to enjoin any person,
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including the United States or any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution), that is alleged to be in violation of this Act or any regulation issued under this Act; (2) seeking judicial review of the compliance— (A) of a Regional Ocean Ecosystem Plan with the requirements of this Act; or (B) of the actions of any person with a Regional Ocean Ecosystem Plan approved or prepared by the Administrator under this Act; or (3) against the Administrator for a failure of the Administrator to perform any act or duty under this Act that is not discretionary.
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(b) Jurisdiction
The district courts of the United States shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce this Act or any such regulation or to order the Administrator to perform such act or duty, as the case may be. (c) Venue
Any suit under this section shall be brought in the Federal judicial district in which occurs the violation or failure, as applicable.
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(d) Intervention by United States
In any suit under this section in which the United States is not a party, the Attorney General, at the request of the Administrator, may intervene on behalf of the United States as a matter of right. (e) Award of costs
The court, in issuing any final order in any suit brought under this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
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(f) Preservation of other rights
This section shall not restrict any right that any person or class of persons may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief, including relief against the Administrator or a State agency. 801. Committee on Ocean Science, Education, and Operations
(a) Committee
The Chair of the National Oceans Council created under section 502 of this Act shall establish a Committee on Ocean Science, Education, and Operations (referred to in this Act as the Committee ).
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(b) Membership
The Committee shall be composed of the following members: (1) The Administrator. (2) The Secretary of the Navy. (3) The Director of the National Science Foundation. (4) The Administrator of the National Aeronautics and Space Administration. (5) The Under Secretary of Energy for Energy, Science, and Environment. (6) The Administrator of the Environmental Protection Agency. (7) The Under Secretary of Homeland Security for Science and Technology. (8) The Commandant of the Coast Guard.
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(9) The Director of the United States Geological Survey. (10) The Director of the Minerals Management Service. (11) Under Secretary of Agriculture for Research, Education, and Economics. (12) The Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs. (13) The Director of the Defense Advanced Research Projects Agency. (14) The Director of the Office of Science and Technology Policy. (15) The Director of the Office of Management and Budget. (16) The Under Secretary of Education.
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(17) The leadership of such other Federal agencies and departments as the chair and vice chairs of the Committee consider appropriate. (c) Chair and vice chairs
The chair and vice chairs of the Committee shall be appointed every two years by a selection subcommittee of the Committee composed of, at a minimum, the Administrator, the Secretary of the Navy, the Director of the United States Geological Survey, and the Director of the National Science Foundation. The term of office of the chair and vice chairs shall be two years. A person who has previously served as chair or vice chair may be reappointed.
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(d) Responsibilities
The Committee shall— (1) serve as the primary source of advice and support on scientific research, technology, education, and operational matters for the National Oceans Council and assist in carrying out the functions of the National Oceans Council as they relate to such matters, including budgetary analyses; (2) improve cooperation among Federal departments and agencies with respect to ocean and coastal science budgets; (3) develop and recommend to the National Oceans Council the National Strategy for Ocean and Coastal Science under section 802, and oversee its implementation;
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(4) prescribe policies and procedures and provide support for the National Ocean Partnership Program under section 803; (5) establish interagency subcommittees and working groups as appropriate to develop comprehensive and balanced Federal programs and approaches to ocean and coastal science issues and needs; (6) consult with Regional Ocean Councils and academic, State, industry, foundation, and other partners in the conduct of coastal and marine operations, research, and education and with actual and potential users of ocean science information in establishing priorities and developing plans for research and technology and education;
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(7) cooperate with the Secretary of State in— (A) coordinating United States Government activities with those of other nations and with international research and technology and education relating to or affecting issues addressed by the National Oceans Council; and (B) providing, as appropriate, support for and representation on United States delegations to relevant international meetings; and (8) carry out such other activities as the National Oceans Council may require. 802.
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National Strategy for Ocean and Coastal Science
(a) Goals and priorities
The Chair of the National Oceans Council, after consultation with Regional Ocean Councils established under title VII and through the Committee, shall develop a National Strategy for Ocean and Coastal Science. The Chair shall submit the strategy to the Congress within two years after the date of enactment of this Act, and a revised strategy shall be submitted at least once every five years thereafter. The strategy shall establish, for the 10-year period beginning in the year the strategy is submitted, the scientific goals and priorities for ocean and coastal research, technology, education,
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and operations which most effectively advance knowledge and provide usable information as the basis for policy decisions to— (1) understand, assess, and respond to human-induced and natural processes of global climate and environmental change; (2) improve public forecasts and warnings and mitigate natural hazards; (3) enhance safety and efficiency of marine operations to benefit the public, the economy, and the environment; (4) support efforts to protect, maintain, and restore the health of marine ecosystems and to implement ecosystem-based management of United States ocean waters and ocean resources, including how marine ecosystems function on varying spatial and temporal scales and how biological, physical, geological,
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chemical, and socioeconomic processes interact; (5) implement and monitor the effectiveness of ocean and coastal environmental policies; (6) contribute to public understanding of coastal and global ocean systems and public awareness of the importance and health of marine ecosystems; (7) respond to environmental changes that affect human health; and (8) strengthen homeland security and military preparedness. (b) Strategy
The strategy shall— (1) describe specific activities required to achieve established goals and priorities including research and education programs, observation collection and analysis requirements, technology development, facility and equipment investments, information management, student support and training, data stewardship and access,
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and participation in international research, education, and other capacity-building efforts; (2) identify and address relevant programs and activities of the Federal agencies and departments represented on the Committee that will contribute to scientific goals and priorities and set forth the role of the National Ocean Partnership Program and each Federal agency and department in implementing the strategy; (3) consider and use, as appropriate, reports and studies conducted by Federal agencies and departments, Regional Ocean Councils, the National Research Council, or other entities; (4) make recommendations for the coordination of ocean and coastal science activities of the United States with those of other nations and international organizations,
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including bilateral and multilateral proposals for cooperation on major projects, for improving worldwide access to scientific data and information, and for encouraging participation in international ocean science research and education programs by developing nations; and (5) estimate, to the extent practicable, Federal funding for ocean and coastal science activities to be conducted pursuant to the strategy.
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(c) Strategic elements
The strategy shall provide for, but not be limited to, the following elements: (1) Global measurements on all relevant spatial and time scales, establishing worldwide observations necessary to study and assess coastal and global ocean systems, including health of marine ecosystems, and support information needs for goals and priorities identified in section 802(a). (2) National ocean partnerships, building partnerships among Federal agencies, academia, industries, and other members of the ocean and coastal science community in the areas of research, education, data systems, and communication.
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(3) Marine science facility support, ensuring the procurement, maintenance, and operation of the national oceanographic research fleet and related infrastructure to provide for sustained ocean and coastal observations from in situ, remote, aircraft, and vessel platforms. (4) Focused research initiatives, using a competitive process to select and fund grants to advance understanding of, the nature of, and interaction among physical, chemical, geological, and biological processes of the oceans, including the effects of human activities on such processes and assessment and development of methods for restoration of these processes.
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(5) Technology development, supporting development of new technologies and sensors to achieve strategic and program goals, and development of algorithms, analysis methods, and long-term data records for emerging operational sensors. (6) Workforce development, building and maintaining a diverse national ocean science professional workforce through traineeships, scholarships, fellowships, and internships. (7) Ocean science education, providing national coordination of formal and informal ocean science education programs at all education levels and establishing mechanisms to improve ocean literacy, contribute to public awareness of the importance of healthy marine ecosystems, and create an oceans stewardship ethic among citizens.
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(8) Information management, establishing and maintaining information systems that promote efficient stewardship, transfer, and use of data, create globally accessible data standards and formats, and allow analysis of data from varied sources to produce information readily usable by policymakers and stakeholders. (d) Public participation
In developing the strategy, the Committee shall consult with Regional Ocean Councils and academic, State, industry, and environmental groups and representatives.
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Not later than 90 days before the Chair of the Council submits the strategy, or any revision thereof, to the Congress, a summary of the proposed strategy shall be published in the Federal Register for a public comment period of not less than 60 days. 803. National Ocean Partnership Program
(a) Purposes
Building on the program established under section 7901 of title 10, United States Code,
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the Committee shall strengthen and maintain the National Ocean Partnership Program for the purposes of— (1) coordinating and strengthening ocean and coastal science efforts to promote interagency goals and priorities established in the National Strategy for Ocean and Coastal Science; (2) identifying and providing support for partnerships among Federal agencies, academia, industries, and other members of the ocean and coastal science community in the areas of research and technology, education, data systems, observations, and communication; (3) monitoring trends in the Federal investment in ocean sciences research and development and in education for marine-oriented professions, focusing in particular on Federal workforce needs;
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and (4) reporting to Congress on the progress of partnership activities under the program. (b) Selection criteria
Partnership projects for implementation under the program shall be reviewed, selected, identified, and allocated funding based on the following criteria: (1) The project addresses critical scientific research or education objectives or operational goals which add value through interagency cooperation. (2) The project has broad participation within the marine community. (3) The partners have a long-term commitment to the objectives of the project. (4) Resources supporting the project are shared among the partners.
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(5) The project includes a plan for education and outreach. (6) The project has been subjected to peer review. (c) Annual report
Not later than March 1 of each year, the Committee shall submit to Congress a report on the National Ocean Partnership Program. The report shall contain the following: (1) A description of activities of the program carried out during the fiscal year before the fiscal year in which the report is prepared, together with a list of the members of the Ocean Research and Education Advisory Panel and any working groups in existence during the fiscal year covered.
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(2) A general outline of the activities planned for the program during the fiscal year in which the report is prepared. (3) A summary of projects continued from the fiscal year before the fiscal year in which the report is prepared and projects expected to be started during the fiscal year in which the report is prepared and during the following fiscal year. (4) An analysis of trends in ocean-related human resource development, focusing in particular on Federal workforce needs, and in the Federal investment in ocean sciences research and development. (5) A description of the involvement of the program with Federal interagency coordinating entities.
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(6) The amounts requested, in the budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for the fiscal year following the fiscal year in which the report is prepared, for the programs, projects, and activities of the program and the estimated expenditures under such programs, projects, and activities during such following fiscal year. (d) Partnership program office
The Committee shall establish a partnership program office for the National Ocean Partnership Program. The Committee shall use competitive procedures in selecting an operator for the partnership program office and supervise performance of duties by such office.
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