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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 ecosy...
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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; a...
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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...
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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 info...
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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...
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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...
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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 fu...
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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...
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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 scien...
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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 e...
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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) Ethi...
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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 pur...
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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 Presid...
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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 s...
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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 ...
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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 po...
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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 Co...
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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 Natio...
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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...
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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;...
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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...
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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 concerni...
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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 Counc...
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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 government...
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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 ...
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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 do...
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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 expens...
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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 te...
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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 t...
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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 ...
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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 ocea...
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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 Un...
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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, w...
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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 r...
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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 ...
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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 inclu...
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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 Pacifi...
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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...
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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 Sta...
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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 Sa...
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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 t...
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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 f...
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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 U...
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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 ...
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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 Fed...
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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 mar...
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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...
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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 mar...
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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 ...
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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 c...
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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 wate...
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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 participatio...
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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...
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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 re...
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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 Reg...
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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,...
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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) consul...
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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...
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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 applic...
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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...
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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...
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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 ...
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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...
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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 aff...
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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...
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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 in...
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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 report...
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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 implemen...
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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 Commit...
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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 r...
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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 Advi...
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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 Ecosyste...
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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 sect...
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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 t...
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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 Sc...
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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 Envi...
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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 Def...
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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 Admi...
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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 budget...
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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) consu...
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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 represe...
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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...
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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) ...
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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...
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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...
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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, Federa...
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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 i...
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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 compet...
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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 pr...
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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) Pu...
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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 th...
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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 suppo...
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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 resea...
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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 a...
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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 prepar...
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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, project...