,,ii #aacth ,,congress #ast ,session ,s4 #fdf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjac ,mr4 ,whitehouse 7for himself1 ,ms4 ,cantwell1 ,mr4 ,blumenthal1 and ,mr4 ,nelson7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to create the ,national ,endowment for the ,oceans to promote the protection and conservation of ,united ,states ocean1 coastal1 and ,great ,lakes ecosystems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,endowment for the ,oceans ,act4 #b4 ,purposes ,the purposes of this ,act are to protect1 conserve1 restore1 and understand the oceans1 coasts1 and ,great ,lakes of the ,united ,states1 ensuring present and future generations will benefit from the full range of ecological1 economic1 educational1 social1 cultural1 nutritional1 and recreational opportunities and services these resources are capable of providing4 #c4 ,definitions ,in this ,act3 7#a7 ,coastal shoreline county ,the term coastal shoreline county has the meaning given the term by the ,administrator of the ,federal ,emergency ,management ,agency for purposes of administering the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq474 7#b7 ,coastal ,state ,the term coastal ,state has the meaning given the term coastal state in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec74 7#c7 ,corpus ,the term corpus1 with respect to the ,endowment fund1 means an amount equal to the ,federal payments to such fund1 amounts contributed to the fund from non-,federal sources1 and appreciation from capital gains and reinvestment of income4 7#d7 ,endowment ,the term ,endowment means the endowment established under subsection 7a74 7#e7 ,endowment fund ,the term ,endowment fund means a fund1 or a tax-exempt foundation1 established and maintained pursuant to this ,act by the ,foundation for the purposes described in section #d7;a74 7#f7 ,foundation ,the term ,foundation means the ,national ,fish and ,wildlife ,foundation established by section #b7;a7 of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja7;a774 7#g7 ,income ,the term income1 with respect to the ,endowment fund1 means an amount equal to the dividends and interest accruing from investments of the corpus of such fund4 7#h7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#aj7 ,tidal shoreline ,the term tidal shoreline has the meaning given that term pursuant to section #ibc4aaj7;c77#b77;i7 of title #ae1 ,code of ,federal ,regulations1 or a similar successor regulation4 #d4 ,national ,endowment for the ,oceans 7a7 ,establishment ,the ,secretary and the ,foundation are authorized to establish the ,national ,endowment for the ,oceans as a permanent ,endowment fund1 in accordance with this section1 to further the purposes of this ,act and to support the programs established under this ,act4 7b7 ,agreements ,the ,secretary and the ,foundation may enter into such agreements as may be necessary to carry out the purposes of this ,act4 7c7 ,investments ,the ,foundation shall invest the ,endowment fund corpus and income for the benefit of the ,endowment4 7d7 ,requirements ,any amounts received by the ,foundation pursuant to this ,act shall be subject to the provisions of the ,national ,fish and ,wildlife ,establishment ,act 7#af ,u4,s4,c4 #cgja et seq471 except the provisions of section #aj7;a7 of that ,act 7#af ,u4,s4,c4 #cgji7;a774 7e7 ,withdrawals and expenditures 7#a7 ,allocation of funds ,each fiscal year1 the ,foundation shall1 in consultation with the ,secretary1 allocate an amount equal to not less than #c percent and not more than #g percent of the corpus of the ,endowment fund and the income generated from the ,endowment fund from the current fiscal year4 7#b7 ,expenditure ,of the amounts allocated under paragraph 7#a7 for each fiscal year-- 7,a7 at least #ei percent shall be used by the ,foundation to award grants to coastal ,states under section #f7;b72 7,b7 at least #ci percent shall be allocated by the ,foundation to award grants under section #f7;c72 and 7,c7 no more than #b percent may be used by the ,secretary and the ,foundation for administrative expenses to carry out this ,act1 which amount shall be divided between the ,secretary and the ,foundation pursuant to an agreement reached and documented by both the ,secretary and the ,foundation4 7f7 ,recovery of payments ,after notice and an opportunity for a hearing1 the ,secretary is authorized to recover any ,federal payments under this section if the ,foundation-- 7#a7 makes a withdrawal or expenditure of the corpus of the ,endowment fund or the income of the ,endowment fund that is not consistent with the requirements of section #e2 or 7#b7 fails to comply with a procedure1 measure1 method1 or standard established under section #f7;a77#a74 #e4 ,eligible uses 7a7 ,in general ,amounts in the ,endowment may be allocated by the ,foundation to support programs and activities intended to restore1 protect1 maintain1 or understand living marine resources and their habitats and ocean1 coastal1 and ,great ,lakes resources1 including baseline scientific research1 ocean observing1 and other programs and activities carried out in coordination with ,federal and ,state departments or agencies1 that are consistent with ,federal environmental laws and that avoid environmental degradation1 including the following3 7#a7 ,ocean1 coastal1 and ,great ,lakes restoration and protection1 including the protection of the environmental integrity of such areas1 and their related watersheds1 including efforts to mitigate potential impacts of sea level change1 changes in ocean chemistry1 and changes in ocean temperature4 7#b7 ,restoration1 protection1 or maintenance of living ocean1 coastal1 and ,great ,lakes resources and their habitats1 including marine protected areas and riparian migratory habitat of coastal and marine species4 7#c7 ,planning for and managing coastal development to enhance ecosystem integrity or minimize impacts from sea level change and coastal erosion4 7#d7 ,analyses of current and anticipated impacts of ocean acidification and assessment of potential actions to minimize harm to ocean1 coastal1 and ,great ,lakes ecosystems4 7#e7 ,analyses of1 and planning for1 current and anticipated uses of ocean1 coastal1 and ,great ,lakes areas4 7#f7 ,regional1 subregional1 or site-specific management efforts designed to manage1 protect1 or restore ocean1 coastal1 and ,great ,lakes resources and ecosystems4 7#g7 ,research1 assessment1 monitoring1 observation1 modeling1 and sharing of scientific information that contribute to the understanding of ocean1 coastal1 and ,great ,lakes ecosystems and support the purposes of this ,act4 7#h7 ,efforts to understand better the processes that govern the fate and transport of petroleum hydrocarbons released into the marine environment from natural and anthropogenic sources1 including spills4 7#i7 ,efforts to improve spill response and preparedness technologies4 7#aj7 ,acquiring property or interests in property in coastal and estuarine areas1 if such property or interest is acquired in a manner that will ensure such property or interest will be administered to support the purposes of this ,act4 7#aa7 ,protection and relocation of critical coastal public infrastructure affected by erosion or sea level change4 7b7 ,matching requirement ,an amount from the ,endowment may not be allocated to fund a project or activity described in paragraph 7#aj7 or 7#aa7 of subsection 7a7 unless non-,federal contributions in an amount equal to #cj percent or more of the cost of such project or activity is made available to carry out such project or activity4 7c7 ,considerations for ,great ,lakes ,states ,programs and activities funded in ,great ,lakes ,states shall also seek to attain the goals embodied in the ,great ,lakes ,restoration ,initiative ,plan1 the ,great ,lakes ,regional ,collaboration ,strategy1 the ,great ,lakes ,water ,quality ,agreement1 or other collaborative planning efforts of the ,great ,lakes ,region4 7d7 ,prohibition on use of funds for litigation ,no funds made available under this ,act may be used to fund litigation over any matter4 #f4 ,grants 7a7 ,administration of grants 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,foundation shall establish the following3 7,a7 ,application and review procedures for the awarding of grants under this section1 including requirements ensuring that any amounts awarded under such subsections may only be used for an eligible use described under section #e4 7,b7 ,approval procedures for the awarding of grants under this section that require consultation with the ,secretary of ,commerce and the ,secretary of the ,interior4 7,c7 ,eligibility criteria for awarding grants-- 7i7 under subsection 7b7 to coastal ,states2 and 7ii7 under subsection 7c7 to entities including ,states1 ,indian tribes1 regional bodies1 associations1 non-governmental organizations1 and academic institutions4 7,d7 ,performance accountability and monitoring measures for programs and activities funded by a grant awarded under subsection 7b7 or 7c74 7,e7 ,procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under this section1 including standards of record keeping4 7,f7 ,procedures to carry out audits of the ,endowment as necessary1 but not less frequently than once every #e years4 7,g7 ,procedures to carry out audits of the recipients of grants under this section4 7#b7 ,approval procedures 7,a7 ,submittal ,the ,foundation shall submit to the ,secretary each procedure1 measure1 method1 and standard established under paragraph 7#a74 7,b7 ,determination and notice ,not later than #ij days after receiving the procedures1 measures1 methods1 and standards under subparagraph 7,a71 the ,secretary shall-- 7i7 determine whether to approve or disapprove of such procedures1 measures1 methods1 and standards2 and 7ii7 notify the ,foundation of such determination4 7,c7 ,justification of disapproval ,if the ,secretary disapproves of the procedures1 measures1 methods1 and standards under subparagraph 7,b71 the ,secretary shall include in notice submitted under clause 7ii7 of such subparagraph the rationale for such disapproval4 7,d7 ,resubmittal ,not later than #cj days after the ,foundation receives notification under subparagraph 7,b77ii7 that the ,secretary has disapproved the procedures1 measures1 methods1 and standards1 the ,foundation shall revise such procedures1 measures1 methods1 and standards and submit such revised procedures1 measures1 methods1 and standards to the ,secretary4 7,e7 ,review of resubmittal ,not later than #cj days after receiving revised procedures1 measures1 methods1 and standards resubmitted under subparagraph 7,d71 the ,secretary shall-- 7i7 determine whether to approve or disapprove the revised procedures1 measures1 methods1 and standards2 and 7ii7 notify the ,foundation of such determination4 7b7 ,grants to coastal ,states 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the ,foundation shall award grants of amounts allocated under section #d7;e77#b77;,a7 to coastal ,states that have a coastal management program approved under the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq471 based on the following formula3 7,a7 ,fifty percent of the funds are allocated equally among such coastal ,states4 7,b7 ,twenty-five percent of the funds are allocated on the basis of the ratio of tidal shoreline miles in a coastal ,state to the tidal shoreline miles of all coastal ,states4 7,c7 ,twenty-five percent of the funds are allocated on the basis of the ratio of population density of the coastal shoreline counties of a coastal ,state to the population density of all coastal shoreline counties4 7#b7 ,maximum allocation to ,states ,notwithstanding paragraph 7#a71 not more than #aj percent of the total funds distributed under this subsection may be allocated to any single ,state4 ,any amount exceeding this limit shall be redistributed among the remaining ,states according to the formula established under paragraph 7#a74 7#c7 ,maximum allocation to certain geographic areas 7,a7 ,in general ,notwithstanding paragraph 7#a71 each geographic area described in subparagraph 7,b7 may not receive more than #a percent of the total funds distributed under this subsection4 ,any amount exceeding this limit shall be redistributed among the remaining ,states according to the formula established under paragraph 7#a74 7,b7 ,geographic areas described ,the geographic areas described in this subparagraph are the following3 7i7 ,american ,samoa4 7ii7 ,the ,commonwealth of the ,northern ,mariana ,islands4 7iii7 ,guam4 7iv7 ,puerto ,rico4 7v7 ,the ,virgin ,islands4 7#d7 ,requirement to submit plans 7,a7 ,in general ,to be eligible to receive a grant under this subsection1 a coastal ,state shall submit to the ,secretary1 and the ,secretary shall review1 a #e-year plan1 which shall include the following3 7i7 ,a prioritized list of goals the coastal ,state intends to achieve during the time period covered by the #e-year plan4 7ii7 ,identification and general descriptions of existing ,state projects or activities that contribute to realization of such goals1 including a description of the entities conducting those projects or activities4 7iii7 ,general descriptions of projects or activities1 consistent with the eligible uses described in section #e1 applicable provisions of law relating to the environment1 and existing ,federal ocean policy1 that could contribute to realization of such goals4 7iv7 ,criteria to determine eligibility for entities which may receive grants under this subsection4 7v7 ,a description of the competitive process the coastal ,state will use in allocating funds received from the ,endowment1 except in the case of allocating funds under paragraph 7#g71 which shall include-- 7,i7 a description of the relative roles in the ,state competitive process of the ,state coastal zone management program approved under the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 and any ,state ,sea ,grant ,program2 and 7,,ii7 a demonstration that such competitive process is consistent with the application and review procedures established by the ,foundation under subsection 7a77#a74 7,b7 ,updates ,as a condition of receiving a grant under this subsection1 a coastal ,state shall submit to the ,secretary1 not less frequently than once every #e years1 an update to the plan submitted by the coastal ,state under subparagraph 7,a7 for the #e-year period immediately following the most recent submittal under this paragraph4 7#e7 ,opportunity for public comment ,in determining whether to approve a plan or an update to a plan described in subparagraph 7,a7 or 7,b7 of paragraph 7#d71 the ,secretary shall provide the opportunity for1 and take into consideration1 public input and comment on the plan4 7#f7 ,approval procedure 7,a7 ,in general ,not later than #cj days after the opportunity for public comment on a plan or an update to a plan of a coastal ,state under paragraph 7#e71 the ,secretary shall notify such coastal ,state that the ,secretary-- 7i7 approves the plan as submitted2 or 7ii7 disapproves the plan as submitted4 7,b7 ,disapproval ,if the ,secretary disapproves a proposed plan or an update of a plan submitted under subparagraph 7,a7 or 7,b7 of paragraph 7#d71 the ,secretary shall provide notice of such disapproval to the submitting coastal ,state in writing1 and include in such notice the rationale for the ,secretary's decision4 7,c7 ,resubmittal ,if the ,secretary disapproves a plan of a coastal ,state under subparagraph 7,a71 the coastal ,state shall resubmit the plan to the ,secretary not later than #cj days after receiving the notice of disapproval under subparagraph 7,b74 7,d7 ,review of resubmittal ,not later than #fj days after receiving a plan resubmitted under subparagraph 7,c71 the ,secretary shall review the plan4 7#g7 ,indian tribes ,as a condition on receipt of a grant under this subsection1 a ,state that receives a grant under this subsection shall ensure that ,indian tribes in the ,state are eligible to participate in the competitive process described in the ,state's plan under paragraph 7#d77;,a77v74 7c7 ,national grants for oceans1 coasts1 and ,great ,lakes 7#a7 ,in general ,the ,foundation may use amounts allocated under section #d7;e77#b77;,b7 to award grants according to the procedures established in subsection 7a7 to support activities consistent with section #e4 7#b7 ,advisory panel 7,a7 ,in general ,the ,foundation shall establish an advisory panel to conduct reviews of applications for grants under paragraph 7#a7 and the ,foundation shall consider the recommendations of the ,advisory ,panel with respect to such applications4 7,b7 ,membership ,the advisory panel established under subparagraph 7,a7 shall include persons representing a balanced and diverse range1 as determined by the ,foundation1 of-- 7i7 ocean1 coastal1 and ,great ,lakes dependent industries2 7ii7 geographic regions2 7iii7 nonprofit conservation organizations with a mission that includes the conservation and protection of living marine resources and their habitats2 and 7iv7 academic institutions with strong scientific or technical credentials and experience in marine science or policy4 #g4 ,annual report 7a7 ,requirement for annual report ,beginning with fiscal year #bjad1 not later than #fj days after the end of each fiscal year1 the ,foundation shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the operation of the ,endowment during the fiscal year4 7b7 ,content ,each annual report submitted under subsection 7a7 for a fiscal year shall include-- 7#a7 a statement of the amounts deposited in the ,endowment and the balance remaining in the ,endowment at the end of the fiscal year2 and 7#b7 a description of the expenditures made from the ,endowment for the fiscal year1 including the purpose of the expenditures4 #h4 ,funding 7a7 ,outer continental shelf lease revenue ,section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7 is amended by adding at the end the following3 7q7 ,deposits in the ,national ,endowment for the ,oceans 7#a7 ,in general ,beginning with the first fiscal year beginning after the date of the enactment of the ,national ,endowment for the ,oceans ,act1 the ,secretary shall deposit #ab4e percent of the revenue paid to the ,united ,states under this section in the ,national ,endowment for the ,oceans established pursuant to section #d of that ,act4 7#b7 ,fines collected for violations of ,federal law 7,a7 ,in general ,beginning with the first fiscal year beginning after the date of the enactment of the ,national ,endowment for the ,oceans ,act1 the ,president shall ensure that #aj percent of the civil penalties paid to the ,united ,states for a violation of a law set out under subparagraph 7,b7 or for a violation of any requirement or prohibition of any rule1 order1 or permit promulgated1 issued1 or approved under such a law that occurs on the outer ,continental ,shelf are deposited in the ,national ,endowment for the ,oceans referred to in paragraph 7#a74 7,b7 ,laws ,the laws set out under this subparagraph are the following3 7i7 ,the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act7 other than penalties provided for under section #caa of such ,act 7#cc ,u4,s4,c4 #acba74 7ii7 ,the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7iii7 ,chapter #fja of title #di1 ,united ,states ,code4 7iv7 ,the ,act of ,march #c1 #ahii 7#cj ,stat4 #aaea1 chapter #dbe2 #cc ,u4,s4,c4 #dja et seq474 4