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Responsibilities of the partnership program office shall include— (1) establishment and oversight of working groups to identify potential themes suitable for partnership projects to the Committee and recommendations to the Committee on such projects; (2) management of the process for proposing partnership projects to the Committee, including the peer review process for such projects; (3) preparation and submission to the Committee of the annual status of all partnership projects and activities of the office; (4) development and maintenance of a database on investments by Federal agencies in ocean and coastal research and education and on the status of the national ocean and coastal workforce;
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and (5) any additional duties for the administration of the National Ocean Partnership Program or to support Committee activities that the Committee considers appropriate. (e) Contract and grant authority
The Committee may authorize 1 or more of the departments or agencies represented on the Committee to enter into contracts and make grants, using funds appropriated pursuant to an authorization for the National Ocean Partnership Program, for the purpose of implementing the program and carrying out the responsibilities of the National Oceans Council.
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(f) Interagency financing
The departments and agencies represented on the Committee are authorized to participate in interagency financing and share, transfer, receive, and spend funds appropriated to any member of the Committee for the purposes of carrying out any administrative or programmatic project or activity under the National Ocean Partnership Program, including support for a common infrastructure and system integration for an ocean observing system. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Committee member and the costs of the same.
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(g) Forms of partnership projects and activities
(1) A partnership project or activity under the National Ocean Partnership Program may be established by any instrument that the Committee considers appropriate, including grants, memoranda of understanding, cooperative research and development agreements, and similar instruments. (2) The Committee shall establish uniform proposal request and application procedures and reporting requirements for use by each department and agency represented on the Committee that are applicable to all projects and activities under the National Ocean Partnership Program. (3) Projects under the program may include demonstration projects. 804.
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Ocean Research and Education Advisory Panel
(a) Membership
The Committee shall maintain an Ocean Research and Education Advisory Panel consisting of not less than 10 and not more than 18 members appointed by the chair, including the following: (1) One member representing the National Academy of Sciences. (2) One member representing the National Academy of Engineering. (3) One member representing the Institute of Medicine. (4) Members selected from among individuals representing ocean industries, State governments, academia, nongovernmental organizations, and such other participants in ocean and coastal activities as the chair considers appropriate.
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(5) Members selected from among individuals eminent in the fields of marine science, marine policy, ocean engineering, or related fields. (6) Members selected from among individuals eminent in the field of education. (b) Term limits
Members shall be appointed for 3 years. (c) Responsibilities
The Advisory Panel shall advise the Committee on the following: (1) Development and implementation of the National Strategy for Ocean and Coastal Science. (2) Policies and procedures to implement the National Ocean Partnership Program and on selection of partnership projects and allocation of funds to implement partnership projects under the program.
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(3) Matters relating to national oceanographic data requirements, ocean and coastal observing systems, ocean science education and training, and oceanographic facilities including renewal of the national academic research fleet. (4) Any additional matters that the Committee considers appropriate. (d) Procedural matters
(1) All meetings of the Advisory Panel shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information that pertains to national security, employment matters, litigation, or other reasons provided under section 552b of title 5, United States Code.
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Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting. The Advisory Panel may administer oaths or affirmations to any person appearing before it. (2) All open meetings of the Advisory Panel shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. (3) Minutes of each meeting shall be kept and shall include a record of the people present, a description of the discussion that occurred, and copies of all statements filed.
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Subject to section 552 of title 5, United States Code, the minutes and records of all meetings and other documents that were made available to or prepared for the Advisory Panel shall be available for public inspection and copying at a single location in the partnership program office. (4) The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Advisory Panel. (e) Funding
The chair and vice chairs of the Committee annually shall make funds available to support the activities of the Advisory Panel. 805.
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Marine ecosystems research
(a) Ecosystem-based approaches
The Administrator shall work with the Committee to identify research efforts for improving ecosystem-based management efforts to protect, maintain, and restore marine ecosystem health while accommodating human use and occupancy. (b) Marine biodiversity research program
As part of this effort, the Administrator, in cooperation with the Office of Naval Research, the National Science Foundation, the Department of Energy, and other Federal agencies represented on the Committee, shall establish and maintain a ten-year interagency research program to assess and explain the diversity, conservation, distribution, functions,
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and abundance of marine organisms in the world’s oceans for the purposes of— (1) understanding the patterns, causes, processes, and consequences of changing marine biological diversity; (2) improving the linkages between marine ecological and oceanographic sciences and guiding ecosystem-based management efforts, so as to protect, maintain, and restore marine ecosystem health; (3) strengthening and expanding the field of marine taxonomy, including use of genomics and proteomics; (4) facilitating and encouraging the use of new technological advances, predictive models, and historical perspectives to investigate marine biodiversity;
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(5) using new understanding gained through the program to improve predictions of the impacts of human activities on the health of the marine environment, and of the impacts of changes in the health of the marine environment on human well-being; and (6) enhancing formal and informal outreach and education efforts through research-generated knowledge, information, and tools.
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(c) Program elements
The research program established under this section shall provide for, but not be limited to, the following: (1) Dynamic access to biological data through an ocean biogeographic information system that links marine databases, manages data generated by the program, and supports analysis of biodiversity and related physical and ecological parameters. (2) Integrated regional studies of marine ecosystems that focus on appropriate scales to support ecosystem-based management. (3) Improved biological sensors for ocean observing systems. (4) Investment in exploration and taxonomy to study little known areas and describe new species.
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(5) Studies of earlier changes in marine populations to trace information on biological abundance, distribution, function, and diversity to the earliest historical periods of minimum human impact. (6) Improved predictive capability to enhance the effectiveness of ecosystem-based management and minimize adverse impacts of human activities on United States ocean waters and ocean resources.
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(d) Scientific assessment
The Administrator, through the Committee, shall prepare and submit to the President and the Congress a biennial assessment that— (1) integrates, evaluates, and interprets the findings of the program and discusses the scientific uncertainties associated with such findings; and (2) analyzes current trends in marine and coastal ecosystems, both human-induced and natural, including marine ecosystem health, and projects major trends for the subsequent decade. 806. Authorization of appropriations
(a) Partnership projects and administration
There are authorized to be appropriated annually to the Department of the Navy, the National Science Foundation, the National Oceanic and Atmospheric Administration,
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and the National Aeronautics and Space Administration for fiscal year 2005 through fiscal year 2010— (1) $25,000,000 for each agency for the National Ocean Partnership Program projects under section 803; and (2) at least $600,000 or 3 percent of the amount appropriated for the National Oceanographic Partnership Program, whichever is greater, shall be available for operations of the partnership program office established under section 803.
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(b) Marine ecosystems research
For development and implementation of the research program under section 805, there are authorized to be appropriated $50,000,000 for each of fiscal years 2005 through 2010. (c) Availability
Sums appropriated under this section shall remain available until expended. 901. Subcommittee on Ocean Education
(a) Membership
The Committee shall establish a Subcommittee on Ocean Education (in this title referred to as the Subcommittee ). Each member of the Committee may designate a senior representative with expertise in education to serve on the Subcommittee.
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The Committee shall select a Chair and 1 or more Vice Chairs for the Subcommittee from the membership of the Subcommittee. (b) Responsibilities
The Subcommittee shall— (1) support and advise the Committee and the National Oceans Council on matters related to ocean and coastal education for the purpose of increasing the overall effectiveness and productivity of Federal education and outreach efforts; (2) provide recommendations on education goals and priorities for and implementation of the National Strategy for Ocean and Coastal Science developed under section 802 and guidance for educational investments; (3) coordinate Federal ocean and coastal education activities for students at all levels,
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including funding for educational opportunities at the undergraduate, graduate; and postdoctoral levels; (4) identify and work to establish linkages among Federal programs and those of States, academic institutions, museums and aquaria, industry, foundations, and other nongovernmental organizations; (5) facilitate Federal agency efforts to work with minority-serving institutions and historically black colleges and universities, and also with traditionally majority-serving institutions, to ensure that students of underrepresented groups have access to and support for pursuing ocean-related careers; (6) lead development of effective strategies with common perspectives and messages for formal and informal ocean and coastal education efforts;
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and (7) carry out such other activities as the Committee and the National Oceans Council request. 902. Ocean and coastal education program
(a) Establishment
Consistent with the National Strategy for Ocean and Coastal Science, the Committee, through the Subcommittee, shall establish an interagency ocean and coastal education program to improve public awareness, understanding, and appreciation of the role of the oceans in meeting our Nation’s economic, social, and environmental needs.
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(b) Scope
The ocean and coastal education program shall include formal education activities for elementary, secondary, undergraduate, graduate, and postdoctoral students, continuing education activities for adults, and informal education activities for learners of all ages. (c) Elements
The program shall use the National Ocean Partnership Program and other appropriate mechanisms and shall, at a minimum, provide sustained funding for the following: (1) A national network of centers for ocean science education excellence to improve the acquisition of knowledge by students at all levels.
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(2) A regional education network, in coordination with the Regional Ocean Councils, to support academic competition and experiential learning opportunities for high school students. (3) Teacher enrichment programs that provide for participation in research expeditions, voyages of exploration, and the conduct of scientific research. (4) Development of model instructional programs for students at all levels. (5) Student training and support to provide diverse ocean-related education opportunities at the undergraduate, graduate, and postdoctoral levels. (6) Mentoring programs and partnerships with minority-serving institutions to ensure diversity in the ocean and coastal workforce.
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(7) Dissemination of ocean and coastal information that is relevant for a wider public audience. 903. Ocean Science and Technology Scholarship Program
(a) Establishment
(1) The Committee shall establish a National Ocean Science and Technology Scholarship Program that is designed to recruit and prepare students for careers in the departments or agencies that are represented on the Committee (in this section referred to as participating agencies ).
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The Program shall award scholarships to individuals who are selected through a competitive process primarily on the basis of academic merit, with consideration given to financial need and the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act.
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(2) To carry out the Program, participating agencies shall enter into contractual agreements with individuals selected under paragraph (1) under which the individuals agree to serve as full-time employees of the participating agency, for the period of time to be determined by the participating agency, and stated in the contractual agreements, in positions needed by the participating agency and for which the individuals are qualified, in exchange for receiving a scholarship.
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(b) Eligibility criteria
In order to be eligible to participate in the Program, an individual must— (1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) in an academic field or discipline described in the list made available under subsection (c); (2) be a United States citizen or national; and (3) at the time of the initial scholarship award, not be an employee of the department or agency providing the award.
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(c) Program listing
The Committee shall make publicly available a list of academic programs and fields of study for which scholarships under the Program may be used, and shall update the list as necessary. (d) Application
An individual seeking a scholarship under this section shall submit an application to a participating agency at such time, in such manner, and containing such information, agreements, or assurances as the participating agency may require.
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(e) Scholarship limits
(1) The participating agency may provide a scholarship under the Program for an academic year if the individual applying for the scholarship has submitted to the participating agency, as part of the application required under subsection (d), a proposed academic program leading to a degree in a program or field of study on the list made available under subsection (c). (2) An individual may not receive a scholarship under this section for more than 4 academic years, unless the participating agency grants a waiver.
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(3) The dollar amount of a scholarship under this section for an academic year shall be established by regulation but shall in no case exceed the cost of attendance as such cost is determined in section 472 of the Higher Education Act of 1965. (4) A scholarship provided under this section may be expended for tuition, fees, and other authorized expenses as established by regulation.
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(5) The participating agency may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided. (f) Period of service
(1) The period of service for which an individual shall be obligated to serve as an employee of the participating agency, except as provided in subsection (h)(2), shall be determined by the participating agency as stated in subsection (a)(2).
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(2) (A) Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later than 60 days after the individual obtains the educational degree for which the scholarship was provided. (B) The participating agency may defer the obligation of an individual to provide a period of service under paragraph (1) if the participating agency determines that such a deferral is appropriate. The Administrator shall prescribe the terms and conditions under which a service obligation may be deferred through regulation. (g) Repayment
(1) Scholarship recipients who fail to maintain a high level of academic standing,
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as defined by the participating agency by regulation, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment within 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, except as provided in subsection (h)(2). The repayment period may be extended by the participating agency when determined to be necessary.
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(2) Scholarship recipients who, for any reason, fail to begin or complete their service obligation after completion of academic training, or fail to comply with the terms and conditions of deferment established by the participating agency pursuant to subsection (f)(2)(B), shall be in breach of their contractual agreement.
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When recipients breach their agreements for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to— (A) the total amount of scholarships received by such individual under this section; plus (B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States, multiplied by 3.
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(h) Cancellation or waiver
(1) Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual. (2) The participating agency shall by regulation provide for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government. 904.
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National Oceanic and Atmospheric Administration Office of Education
(a) In general
The Administrator shall conduct, develop, support, promote, and coordinate education activities described in section 902(b) that enhance public awareness and understanding of the science, service, and stewardship missions of the National Oceanic and Atmospheric Administration. In planning activities under this section, the Administrator shall consult with the Subcommittee and build upon the educational programs and activities of the National Sea Grant College Program, the National Marine Sanctuary Program, the National Oceanic and Atmospheric Administration Office of Ocean Exploration, and the National Estuarine Research Reserve System.
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Authorized activities shall include education of the general public, teachers, students at all levels, and ocean and coastal managers and stakeholders. In carrying out educational activities, the Administrator may enter into grants, contracts, cooperative agreements, resource sharing agreements, or interagency financing with Federal, State, and regional agencies, tribes, commercial organizations, educational institutions, nonprofit organizations, or other persons.
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(b) Establishment
As set forth in title III, the Administrator shall establish an Office of Education to provide interagency and intraagency coordination of the education activities of the National Oceanic and Atmospheric Administration and to ensure full participation in the ocean and coastal education program established under section 902. The Office of Education shall promote and provide oversight of agency education activities as described in section 303 and shall— (1) integrate agency science into high-quality educational materials; (2) improve access to National Oceanic and Atmospheric Administration educational resources; (3) support educator professional development programs to improve understanding and use of agency sciences;
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(4) promote participation in agency-related sciences and careers, particularly by members of underrepresented groups; (5) leverage partnerships to enhance formal and informal environmental science education; (6) build capability within the agency for educational excellence; and (7) create and implement effective approaches to disseminate agency products and ocean information to the general public. (c) Educational partnership program
The Administrator shall establish an educational partnership with minority-serving institutions to provide support for cooperative science centers, an environmental entrepreneurship program, a graduate sciences program, an undergraduate scholarship program, and other activities as required to meet program objectives. 905.
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Amendment to the National Sea Grant College Program Act
Section 212(a) of the National Sea Grant College Program Act ( 33 U.S.C. 1131(a) ) is amended by adding at the end the following new paragraph: (3) Marine and aquatic science education
In addition to the amounts authorized for each fiscal year under paragraphs (1) and (2), there are authorized to be appropriated for marine and aquatic science education for each of fiscal years 2005 through 2010— (A) $6,000,000 in increased funding for the educational activities of sea grant programs;
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(B) $4,000,000 for competitive grants for projects and research that target national and regional marine and aquatic science literacy; and (C) $4,000,000 for competitive grants to support educational partnerships under the ocean and coastal education program established under section 902 of the Oceans Conservation, Education, and National Strategy for the 21st Century Act or other appropriate mechanism. 906.
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National ocean awareness media campaign
(a) Findings
The Congress finds the following: (1) Ninety-five percent of the deep ocean is unexplored and unknown, and is truly the last frontier on Earth for science and civilization. (2) The United States has more than 95,000 miles of coastline and more than 50 percent of the population of the United States lives within 50 miles of the United States ocean waters. (3) Coastal areas are regions of remarkably high biological productivity, are of considerable importance for a variety of recreational and commercial activities, and provide a vital means of transportation.
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(4) The rich biodiversity of marine organisms provides society with resources that sustain many economically important industries including fisheries and tourism, as well as contributing novel compounds with therapeutic potentials to the biomedical industry. (5) One out of six jobs in the United States is marine-related. (6) One-third of our Gross National Product is produced in coastal areas, where most major cities are located.
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(7) National Science Foundation surveys in 2000 showed that while the majority (greater than 73 percent) of the United States public holds a positive attitude toward science and technology, that same group was only able to correctly answer 58 percent of the questions asked about basic scientific concepts. Furthermore, only 26 percent of those surveyed actually understand the nature of scientific inquiry.
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(8) The oceans provide an exciting context in which to teach the fundamental concepts of biology, chemistry, the physical sciences, and mathematics in accordance with the National Science Education Standards (NRC, 1996) and Benchmarks for Science Literacy (AAAS, 1993). (b) In general
The Administrator shall conduct a national media campaign in accordance with this section for the purpose of increasing public awareness and interest in the oceans, through mass media advertising.
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(c) Use of funds
(1) In general
Amounts made available to carry out this section for the media campaign may only be used for the following: (A) The research, development, production, and launch of a multimedia campaign. (B) Evaluation of the effectiveness of the multimedia campaign. (C) Media monitoring. (D) Distribution (public relations and grassroots community based outreach). (E) Partnerships with community, civic, and professional groups and government organizations related to the media campaign.
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(2) Specific requirements
(A) Evaluation of effectiveness of media campaign
In using amounts for the evaluation of the effectiveness of the media campaign under paragraph (1)(B), the Administrator shall— (i) designate an independent entity to evaluate annually the effectiveness of the national media campaign based on data from— (I) public feedback; and (II) other relevant studies or publications, as determined by the Administrator, including tracking and evaluation data collected according to marketing and advertising industry standards;
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and (ii) ensure that the effectiveness of the media campaign is evaluated in a manner that enables consideration of whether the media campaign has contributed to increasing the ocean literacy of the public and such other measures of evaluation as the Director determines are appropriate. (B) Purchase of advertising time and space
For each fiscal year, not less than 77 percent of the amounts appropriated under this section shall be used for the purchase of advertising time and space for the media campaign. (C) Advertising
In carrying out this section, the Administrator shall devote sufficient funds to the advertising portion of the national media campaign to meet the goals of the campaign.
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(D) Prohibitions
None of the amounts made available to carry out this section may be obligated or expended for any of the following: (i) To supplant current oceans community-based coalitions. (ii) To supplant pro bono public service time donated by national and local broadcasting networks for other public service campaigns. (iii) For partisan political purposes, or express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal.
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(iv) To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of schedule C of title 5, Code of Federal Regulations. (v) To fund advertising that does not contain a primary message intended to increase awareness and promote the protection, maintenance, and restoration of marine ecosystem health. (vi) To fund advertising containing a primary message intended to promote support for the media campaign or private sector contributions to the media campaign.
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(E) Financial and performance accountability
The Administrator shall cause to be performed— (i) audits and reviews of costs of the media campaign pursuant to section 304C of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254d ); and (ii) an audit of the cost of the media campaign described in section 306 of such Act ( 41 U.S.C. 256 ).
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(F) Strategic guidance and donations
The National Marine Sanctuary Foundation shall serve as the primary outside strategic advisor to the media campaign and be responsible for coordinating donations of creative and other services to the campaign, except with respect to advertising created using funds as permitted in this subsection. The Administrator shall inform the National Marine Sanctuary Foundation of the strategic goals of the campaign and consider advice from the National Marine Sanctuary Foundation on media campaign strategy. (G) Report to congress
The Administrator shall submit on an annual basis a report to Congress that describes— (i) the strategy of the media campaign and whether specific objectives of the media campaign were accomplished;
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(ii) steps taken to ensure that the media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the media campaign; (iii) plans to purchase advertising time and space; (iv) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; and (v) all contracts entered into with a corporation, partnership, or individual working on behalf of the media campaign.
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(3) National marine sanctuary resources
In conducting advertising and activities otherwise authorized under this section, the Administrator shall explore opportunities to emphasize the preservation of coral reefs and other national marine sanctuary resources. 907.
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Authorization of appropriations
(a) National ocean and coastal education program
In addition to the amounts authorized annually to the Department of the Navy, the National Science Foundation, the National Oceanic and Atmospheric Administration, and the National Aeronautics and Space Administration for fiscal year 2005 through fiscal year 2010, $25,000,000 is authorized to be appropriated for each agency for the ocean and coastal education program under section 902.
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(b) Scholarship program
Of the amounts authorized annually to the Department of the Navy, the National Science Foundation, the National Oceanic and Atmospheric Administration, and the National Aeronautics and Space Administration for fiscal year 2005 through fiscal year 2010, $15,000,000 shall be available for National Ocean Science and Technology Scholarships under section 903.
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(c) National oceanic and atmospheric administration
(1) In addition to the amounts authorized under subsections (a) and (b) and under the National Sea Grant College Program Act, there is authorized to be appropriated to the Administrator $25,000,000 for each of fiscal years 2005 through 2010 for education activities under section 904(b). (2) There is authorized to be appropriated to the Administrator $15,000,000 for each of fiscal years 2005 through 2010 for education activities under section 904(c).
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(d) National ocean awareness media campaign
Of the amounts authorized annually to the National Oceanic and Atmospheric Administration, there is authorized to be appropriated to carry out section 906, $2,000,000 for each of fiscal years 2005 through 2007. (e) Availability
Sums appropriated under this section shall remain available until expended. 1001.
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National Oceanic and Atmospheric Administration Office of Ocean Exploration
(a) In general
The Administrator shall— (1) conduct, develop, support, promote, and coordinate ocean exploration activities under this section; (2) support expeditions, exploration projects, and related field campaigns for the purpose of discovery and documentation of ocean voyages; and (3) enhance public awareness and understanding of the science and stewardship missions of the National Oceanic and Atmospheric Administration. (b) Planning and execution
In planning activities under this title, the Administrator shall consult with the Subcommittee established under section 1002.
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In carrying out exploration activities, the Administrator may enter into grants, contracts, cooperative agreements, resource sharing agreements, or interagency financing with Federal, State, and regional agencies, tribes, commercial organizations, educational institutions, nonprofit organizations, or other persons. (c) Establishment
The Administrator shall establish an Office of Ocean Exploration within the Ocean and Atmospheric Research and Data Services Office to provide interagency and intraagency coordination of the ocean exploration activities of the National Oceanic and Atmospheric Administration and to ensure full participation in the Subcommittee established under section 1002.
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The Office of Ocean Exploration shall— (1) lead and coordinate efforts in ocean discovery; (2) explore and inventory the living and nonliving resources of the oceans under jurisdiction of the United States, and throughout the world’s oceans; (3) support and promote interdisciplinary approaches to ocean investigations; (4) engage in education and outreach to increase public awareness and understanding of the oceans, in coordination with the Office of Education; (5) provide new resources and facilities for access by researchers;
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(6) provide a multidisciplinary archive of ocean data to serve as a source of basic data upon which to develop hypotheses for further investigation and to capitalize on the wide array of available data; (7) create and implement effective approaches to disseminate agency products and ocean information to the general public; (8) identify areas that are infrequently explored; (9) develop ocean and coastal mapping strategies that identify priority coastal and ocean mapping needs, and cost effective strategies to map those priority areas; (10) map the physical, biological, chemical, and archaeological aspects of the ocean;
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(11) develop sensors and systems to promote United States leadership in ocean technology; and (12) conduct hypothesis-driven science to understand deep ocean ecosystem patterns, processes, and mechanisms. 1002. Subcommittee on Ocean Exploration
(a) Membership
The Committee shall establish a Subcommittee on Ocean Exploration. Each member of the Committee may designate a senior representative with expertise in ocean exploration to serve on the Subcommittee. The Committee shall select a Chair and 1 or more Vice Chairs for the Subcommittee from the membership of the Subcommittee. (b) Responsibilities
The Subcommittee shall— (1) support and advise the Committee,
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the National Oceans Council, and the National Oceanic and Atmospheric Administration Office of Ocean Exploration on matters related to ocean exploration for the purpose of increasing the overall effectiveness and productivity of Federal ocean exploration efforts; (2) provide recommendations on ocean exploration goals and priorities for and implementation of the National Strategy for Ocean and Coastal Science developed under section 802 and guidance for ocean exploration investments; (3) coordinate with the Subcommittee on Ocean Education to provide for ocean exploration funding and educational opportunities for students at all levels including undergraduate, graduate, and postdoctoral levels; (4) identify and work to establish linkages among Federal programs and those of States,
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academic institutions, museums and aquaria, industry, foundations, and other nongovernmental organizations; (5) coordinate with the National Oceanic and Atmospheric Administration Office of Ocean Exploration and other Federal agency efforts to work with minority-serving institutions and historically black colleges and universities, and also with traditionally majority-serving institutions, to ensure that students of underrepresented groups have access to ocean exploration educational opportunities; (6) lead development of effective strategies with common perspectives and messages for formal and informal ocean exploration efforts; and (7) carry out such other activities as the Committee and the National Oceans Council request. 1003.
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Authorization of appropriations
There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title— (1) $70,000,000 for each of fiscal years 2005 through 2010; and (2) $80,000,000 for each of fiscal years 2011 through 2016. 1101. Establishment of Fund
(a) Establishment of Fund
There is established in the Treasury of the United States a fund which shall be known as the Ocean and Great Lakes Conservation Trust Fund , in this title referred to as the Fund.
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In each fiscal year after fiscal year 2004, the Secretary of the Treasury shall deposit into the Fund the following amounts: (1) OCS revenues
An amount in each such fiscal year from qualified Outer Continental Shelf revenues equal to the difference between $1,300,000,000 and the amounts deposited in the Fund under paragraphs (2) and (3), notwithstanding section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ). (2) Amounts not disbursed
All allocated but undisbursed amounts returned to the Fund under section 1106(a)(2).
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(3) Interest
All interest earned under subsection (d).
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(b) Transfer for Expenditure
The Secretary of the Treasury shall transfer amounts deposited into the Fund as follows: (1) To the Administrator of the National Oceanic and Atmospheric Administration for purposes of making payments to coastal states only for carrying out their responsibilities for developing and implementing Regional Ocean Ecosystem Plans under title VII— (A) $350,000,000 for fiscal year 2005; (B) $700,000,000 for fiscal year 2006; and (C) $1,000,000,000 for fiscal year 2007 and each fiscal year thereafter.
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(2) To the Administrator for allocation, with concurrence of the National Oceans Council, only for carrying out responsibilities of the Federal Government for development and implementation of Regional Ocean Ecosystem Plans required under title VII— (A) $50,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; and (C) $300,000,000 for fiscal year 2007 and each fiscal year thereafter.
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(c) Shortfall
If amounts referred to in paragraphs (1) through (3) of subsection (a) in any fiscal year after fiscal year 2004 are less than $1,300,000,000, the amounts transferred under paragraphs (1) and (2) of subsection (b) for that fiscal year shall each be reduced proportionately.
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(d) Interest
The Secretary of the Treasury shall invest moneys in the Fund (including interest), and in any fund or account to which moneys are transferred pursuant to subsection (b) of this section, in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary of the Treasury, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. Such invested moneys shall remain invested until needed to meet requirements for disbursement for the programs financed under this Act.
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(e) Refunds
In those instances in which through judicial decision, administrative review, arbitration, or other means there are royalty refunds owed to entities generating revenues under this title, refunds shall be paid by the Secretary of the Treasury from amounts available in the Fund to the extent that such refunds are attributable to qualified Outer Continental Shelf revenues deposited in the Fund under this Act. (f) Intent of Congress to Supplement Annual Appropriations for Federal agencies
Amounts made available by this Act are intended by the Congress to supplement, and not detract from, annual appropriations for Federal agencies receiving funding under this title. 1102.
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Limitation on use of available amounts for administration
Notwithstanding any other provision of law, of amounts made available by this title (including the amendments made by this title) for a particular activity, not more than 2 percent may be used for administrative expenses of that activity. 1103. Recordkeeping requirements
The Administrator, in consultation with the National Oceans Council, shall establish such rules regarding recordkeeping by State and local governments and the auditing of expenditures made by State and local governments from funds made available under this Act as may be necessary.
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Such rules shall be in addition to other requirements established regarding recordkeeping and the auditing of such expenditures under other authority of law. 1104. Maintenance of effort and matching funding
(a) In General
It is the intent of the Congress in this Act that States not use this Act as an opportunity to reduce State or local resources for the programs funded by this Act.
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Except as provided in subsection (b), no State or local government shall receive any funds under this Act during any fiscal year in which its expenditures of non-Federal funds for recurrent expenditures for programs for which funding is provided under this Act will be less than its expenditures were for such programs during the preceding fiscal year. No State or local government shall receive funding under this Act with respect to a program unless the Administrator is satisfied that such a grant will be so used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds available for such program.
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(b) Exception
The Administrator may provide funding under this Act to a State or local government not meeting the requirements of subsection (a) if the Administrator determines that a reduction in expenditures— (1) is attributable to a nonselective reduction in expenditures for the programs of all executive branch agencies of the State or local government; or (2) is a result of reductions in State or local revenue as a result of a downturn in the economy.
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(c) Use of Fund to Meet Matching Requirements
All funds received by a State or local government under this Act shall be treated as Federal funds for purposes of compliance with any provision in effect under any other law requiring that non-Federal funds be used to provide a portion of the funding for any program or project. 1105. Sunset
This title shall have no force or effect after September 30, 2024. 1106.
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Community assistance formula and payments
(a) Conservation Payments to Coastal States
(1) Grant program
Amounts transferred to the Administrator from the Fund under section 1101(b)(1) for purposes of making payments to coastal States under this title in any fiscal year shall be allocated by the Administrator among coastal States as provided in this section each such fiscal year. In each such fiscal year, the Administrator shall, without further appropriation, disburse such allocated funds to those coastal States for which the Administrator has approved a spending plan under section 1107 and that have met all other requirements of this title.
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Payments for all projects shall be made by the Administrator to the Governor of the State or to the State official or agency designated by the Governor or by State law as having authority and responsibility to accept and to administer funds paid hereunder. No payment shall be made to any State until the State has agreed to provide such reports to the Administrator, in such form and containing such information, as may be reasonably necessary to enable the Administrator to perform the duties of the Administrator under this title, and provide such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting for Federal revenues paid to the State under this title.
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(2) Failure to make sufficient progress at developing or implementing a Regional Ocean Ecosystem Plan
At the end of each fiscal year, the Administrator shall return to the Fund any amount that the Administrator allocated, but did not disburse, in that fiscal year to a coastal State that, in the judgment of the Administrator, has failed to make sufficient progress in developing or implementing a Regional Ocean Ecosystem Plan under title VII before the end of the fiscal year in which such grant is allocated, except that the Administrator shall hold in escrow until the final resolution of the appeal any amount allocated, but not disbursed,
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to a coastal State that has appealed the disapproval of such funding. (b) Allocation Among Coastal States
(1) Allocable share for each state
For each coastal State, the Administrator shall determine the State’s allocable share of the total amount transferred from the Fund under section 1101(b)(1) for each fiscal year using the following weighted formula: (A) Thirty-five percent of such amount shall be allocated to each coastal State based on the ratio of each State’s shoreline miles to the shoreline miles of all coastal States.
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(B) Sixty-five percent of such amount shall be allocated to each coastal State based on the ratio of each State’s coastal population to the coastal population of all coastal States. (2) Minimum state share
(A) In general
The allocable share determined by the Administrator under this subsection for each coastal State with a management program approved by the Secretary of Commerce under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq.
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), or that is making satisfactory progress toward one, shall not be less in any fiscal year than 0.50 percent of the total amount transferred by the Secretary of the Treasury to the Administrator for that fiscal year under section 1101(b)(1). For any other coastal State the allocable share shall not be less than 0.25 percent of such transferred amount.
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(B) Recomputation
If 1 or more coastal States’ allocable shares, as computed under paragraphs (1) and (2), are increased by any amount under this paragraph, the allocable share for all other coastal States shall be recomputed and reduced by the same amount so that not more than 100 percent of the amount transferred by the Secretary of the Treasury to the Administrator for that fiscal year under section 1101(b)(1) is allocated to all coastal States. The reduction shall be divided pro rata among such other coastal States.
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(c) Payments to Political Subdivisions
In the case of a coastal State, the Governor of the State shall pay 50 percent of the State’s allocable share, as determined under subsection (b), to the coastal political subdivisions in such State. Such payments shall be allocated among such coastal political subdivisions of the State according to an allocation formula that is based on the coastal population density of each coastal political subdivision. (d) Time of Payment
Payments to coastal States and coastal political subdivisions under this section shall be made not later than December 31 of each year from revenues received during the immediately preceding fiscal year.
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1107. Approval of State funding and spending plans
(a) Development and Submission of Regional Ocean Ecosystem Plans
Each coastal State seeking to receive grants under this title shall participate in the development and implementation of Regional Ocean Ecosystem Plans required under title VII. (b) Submission of spending plan
Each coastal State seeking funding under this title shall submit annually to the Administrator a spending plan for funds provided under this title. Such spending plan shall describe how the funds provided under this title will be used by the State to implement the State’s responsibilities and obligations in developing and implementing a Regional Ocean Ecosystem Plan.
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(c) Approval or disapproval
(1) Requirements
A coastal State shall receive funding under this title if, in consultation with the National Oceans Council, the Administrator— (A) certifies that such coastal State is participating actively and sufficiently in the development and implementation of a Regional Ocean Ecosystem Plan under title VII; (B) approves a spending plan submitted by such State that specifies how funds provided under this title will be used to meet the State’s obligations and responsibilities in developing and implementing a Regional Ocean Ecosystem Plan under title VII; and (C) ensures any payments under this subsection to political subdivisions are consistent under title VII.
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(2) Contents of plans
In addition to such other requirements as the Administrator by regulation shall prescribe, each State spending plan shall include the following: (A) The name of the State agency that will have the authority to represent and act for the State in dealing with the Administrator for purposes of this title. (B) A description of how funds provided under this title will be used to meet the State's responsibilities to develop and implement the applicable Regional Ocean Ecosystem Plan. (C) A description of how the State will evaluate the effectiveness of its efforts to implement a Regional Ocean Ecosystem Plan.
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(D) Certification by the Governor of the State that ample opportunity has been accorded for public participation in the development and revision of the plan. (E) Measures for taking into account other relevant Federal resources and programs. (3) Procedure and timing; revisions
The Administrator shall approve or disapprove each spending plan submitted in accordance with this section. If a State first submits a plan by not later than 90 days before the beginning of the first fiscal year to which the plan applies, the Administrator shall approve or disapprove the plan by not later than 30 days before the beginning of that fiscal year.
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(4) Amendment or revision
Any amendment to or revision of the plan shall be prepared in accordance with the requirements of this subsection and shall be submitted to the Administrator for approval or disapproval. Any such amendment or revision shall take effect only for fiscal years after the fiscal year in which the amendment or revision is approved by the Administrator. (5) Public Comment
Before approving or disapproving a spending plan of a State, amendment, or revision to a plan, the Administrator shall provide for public comment on the State’s proposed expenditures for the forthcoming year.
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1. Temporary suspension of duty
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.03 Benzamide, 3-amino-N-[2-[[2-(sulfooxy)ethyl]sulfonyl]ethyl]- (CAS No.
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121315-20-6) (provided for in subheading 2930.90.29) Free Free No change On or before 12/31/07 (b) Effective date
The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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1. Suspension of duty on Basic blue 154
(a) In General
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.01 Basic blue 154 (CAS No.
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159064-94-1) (provided for in subheading 3204.13.60) Free No Change No Change On or before 12/31/2007 (b) Effective Date
The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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1. Expanded eligibility for transportation under the Central Command Rest and Recuperation Leave Program
The Secretary of Defense shall expand the Central Command Rest and Recuperation Leave Program to provide or pay for transportation for a member of the Armed Forces who— (1) is assigned to duty inside or outside of the United States, but not in an area previously designated for inclusion in the program; (2) receives orders for deployment to an area for which imminent danger pay is available under section 310 of title 37, United States Code; and (3) is granted leave in anticipation of such deployment.
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1. Short title
This section may be cited as the Mary McLeod Bethune Council House National Historic Site Boundary Adjustment Act. 2. Boundary modification
Section 2 of the Act entitled An Act to authorize the National Park Service to acquire and manage the Mary McLeod Bethune Council House National Historic Site, and for other purposes , approved December 11, 1991 (105 Stat. 1652), is amended— (1) by inserting (a) before The Secretary ;
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and (2) by adding after subsection (a) (as so designated by paragraph 1 of this section) the following new subsection: (b) The Secretary may acquire, with the consent of the owner thereof, by donation or by purchase with donated or appropriated funds, the abutting property located at 1320 Vermont Avenue Northwest, Washington, District of Columbia, and generally depicted on the map entitled Mary McLead Bethune Council Proposed Boundary Adjustment , numbered 021/80,006, and dated February 2004, to be used for visitor orientation, administrative purposes, archival storage, facilities for researchers,
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and accessibility for handicapped persons.
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1. Short title
This Act may be cited as the Atchafalaya National Heritage Area Act. 2. Findings
Congress finds the following: (1) The Atchafalaya Basin area of Louisiana, designated by the Louisiana Legislature as the Atchafalaya Trace State Heritage Area and consisting of the area described in section 5(b), is an area in which natural, scenic, cultural, and historic resources form a cohesive and nationally distinctive landscape arising from patterns of human activity shaped by geography.
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