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H.R.3534Consolidated Land, Energy, and Aquatic Resources Act of 2009 (Introduced in House - IH)
TITLE VI--OUTER CONTINENTAL SHELF COORDINATION AND PLANNING
SEC. 601. REGIONAL OUTER CONTINENTAL SHELF COORDINATION.
(a) In General- The purpose of this title is to promote coordinated regional planning efforts, to require that decisions are made using the best available science, and to ensure the protection and maintenance of ecosystem health in decisions affecting the siting of energy facilities and development of Federal renewable and nonrenewable energy resources on, in, or above the Outer Continental Shelf for the long-term economic and environmental benefit of the United States.
(b) Objectives of Regional Efforts- Such regional efforts shall achieve the following:
(1) Greater systematic communication and coordination among Federal, coastal State, and affected tribal governments concerned with the siting and development of Federal renewable and nonrenewable energy resources on, in, or above the Outer Continental Shelf.
(2) To the maximum extent feasible, greater reliance on a multiobjective, science- and ecosystem-based, spatially explicit management approach that integrates regional economic, ecological, affected tribal, and social objectives into energy development decisions.
(3) Identification and prioritization of shared State and Federal energy development issues.
(4) Identification of data and information needed by the Regional Outer Continental Shelf Councils established under section 602.
(c) Regions- There are hereby designated the following Outer Continental Shelf Regions:
(1) PACIFIC OUTER CONTINENTAL SHELF REGION- The Pacific Outer Continental Shelf Region, which shall consist of the Outer Continental Shelf adjacent to the States of Washington, Oregon, California, and Hawaii.
(2) GULF OF MEXICO OUTER CONTINENTAL SHELF REGION- The Gulf of Mexico Outer Continental Shelf Region, which shall consist of the Outer Continental Shelf adjacent to the States of Texas, Louisiana, Mississippi, and Alabama, and the west coast of Florida.
(3) ATLANTIC OUTER CONTINENTAL SHELF REGION- The Atlantic Outer Continental Shelf Region, which shall consist of the Outer Continental Shelf adjacent to the States of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, the east coast of Florida, and the Straits of Florida Planning Area.
(4) ALASKA OUTER CONTINENTAL SHELF REGION- The Alaska Outer Continental Shelf Region, which shall consist of the Outer Continental Shelf adjacent to the State of Alaska.
SEC. 602. REGIONAL OUTER CONTINENTAL SHELF COUNCILS.
(a) In General- Within 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Commerce, in consultation with the affected coastal States and affected Indian tribes, shall establish or designate a Regional Outer Continental Shelf Council for each of the Outer Continental Shelf Regions designated by section 601(c).
(1) FEDERAL REPRESENTATIVES- Within 90 days after the date of enactment of this Act, the Secretary of the Interior, in consultation with the Secretary of Commerce, shall publish the titles of the officials of each Federal agency and department that shall participate in each Council. The Secretary of the Interior, in consultation with the Secretary of Commerce, shall include in such officials representatives of each Federal agency and department that has expertise in energy production facility siting and development or ocean and coastal policy, or engages in planning, management, or scientific activities that significantly affect or inform the use of ocean waters, coastal waters, or ocean resources or other affected uses. The Secretary of the Interior, or at the Secretary of the Interior's discretion, the Secretary of Commerce, shall serve as the chairperson of each Council.
(2) COASTAL STATE REPRESENTATIVES-
(A) NOTICE OF INTENT TO PARTICIPATE- The Governor of each coastal State within each Outer Continental Shelf Region designated by section 601(c) shall within 3 months after the date of enactment of this Act, inform the Secretary and the Secretary of Commerce whether or not the State intends to participate in the Council for the Outer Continental Shelf Region.
(B) APPOINTMENT OF RESPONSIBLE STATE OFFICIAL- If the Governor of a coastal State informs the Secretaries in accordance with subparagraph (A) that the State intends to participate in such Council, the Governor shall appoint an officer or employee of the coastal State agency with primary responsibility for overseeing ocean and coastal policy or resource management to that Council.
(3) REGIONAL FISHERIES REPRESENTATION- The Chair of each Regional Fishery Management Council with jurisdiction in the Outer Continental Shelf Region of a Council and the executive director of the interstate marine fisheries commission with jurisdiction in the Outer Continental Shelf Region of a Council shall each serve as a member of the Council.
(4) REGIONAL OCEAN PARTNERSHIP REPRESENTATION- A representative of any Regional Ocean Partnership that has been established for any part of the Outer Continental Shelf Region of a Council may appoint a representative to serve on the Council in addition to any Federal or State appointment.
(5) TRIBAL REPRESENTATION- An appropriate tribal official selected by affected Indian tribes situated in the affected Outer Continental Shelf Region may elect to appoint a representative of such tribes collectively to serve as a member of the Council.
(6) OTHER REPRESENTATION- The Director shall appoint such other representatives to serve on a Council as the Director determines appropriate to achieve balanced representation from the energy, shipping and transportation, marine tourism, and recreation industries, and from marine environmental nongovernmental organizations, and scientific and educational authorities with expertise in energy siting and development, land and water resource management, and conservation of ocean and coastal species and the habitat that they depend upon.
(c) Coordination With Existing Regional Ocean Partnerships and Other Similar Programs- Each Council shall build upon and complement current State, multistate, and regional capacity and governance and institutional mechanisms to manage and protect ocean waters, coastal waters, and ocean resources.
SEC. 603. REGIONAL OUTER CONTINENTAL SHELF STRATEGIC PLANS.
(a) Initial Outer Continental Shelf Region Assessment-
(1) IN GENERAL- The Secretary, in consultation with the Secretary of Commerce and the heads of other Federal agencies authorized to provide marine ecosystem science expertise, shall, within one year after the date of enactment of this Act, prepare an initial assessment of each Outer Continental Shelf Region that shall identify deficiencies in data and information necessary to informed decisionmaking. Each initial assessment shall to the extent feasible--
(A) identify the Region's potential alternative energy resources and energy-related mineral resources;
(B) identify the Region's existing infrastructure and projections for future transmission requirements;
(C) document the health and relative environmental sensitivity of the marine ecosystem including a comprehensive survey of species, habitats, and indicators of ecosystem health;
(D) identify marine habitat types and important marine ecological areas within the Region;
(E) assess the Region's marine economy and cultural attributes; and
(F) inventory other existing uses of the Outer Continental Shelf in the Region.
(2) DATA- Each initial assessment shall--
(A) use the best available data;
(B) collect and provide data in a spatially explicit manner wherever practicable and provide such data to the interagency comprehensive digital mapping initiative as described in section 2 of Public Law 109-58 (42 U.S.C. 15801); and
(C) make publicly available any such data that is not classified information.
(b) Regional Outer Continental Shelf Strategic Plans-
(1) REQUIREMENT- Each Council shall, within 2 years after the completion of the initial Outer Continental Shelf Region assessment, prepare and submit to the Secretaries a multiobjective, science and ecosystem-based, spatially explicit, integrated marine energy and energy-related mineral resources Strategic Plan in accordance with this subsection.
(2) MANAGEMENT OBJECTIVE- The management objective of the Strategic Plans under this subsection shall be to foster sustainable development of additional energy resources from the Outer Continental Shelf, while protecting marine ecosystem health and sustaining the long-term economic and ecosystem values of the oceans.
(3) CONTENTS- Each Strategic Plan prepared by a Council shall--
(A) be based on the Outer Continental Shelf Region assessment and updates for the Region under subsections (a) and (c), respectively;
(B) foster sustainable ocean energy development in a manner that protects the health of marine ecosystems;
(C) identify areas with potential for siting and developing renewable and nonrenewable energy resources in the Outer Continental Shelf Region covered by the Strategic Plan;
(D) identify and recommend long-term monitoring needs for ecosystem health and socioeconomic variables within the Outer Continental Shelf Region covered by the Strategic Plan;
(E) identify existing State and Federal regulating authorities within the Outer Continental Shelf Region covered by the Strategic Plan;
(F) identify best available technologies that can minimize adverse environmental impacts of construction and operation of energy facilities in the Region;
(G) identify additional research, information, and data needed to carry out the Strategic Plan;
(H) identify research, information, and data needed to carry out the Strategic Plan;
(I) identify performance measures and benchmarks for purposes of fulfilling the responsibilities under this section to be used to evaluate the Strategic Plan's effectiveness; and
(J) define responsibilities and include an analysis of the gaps in authority, coordination, and resources, including funding, that must be filled in order to fully achieve those performance measures and benchmarks.
(4) PUBLIC PARTICIPATION- Each Council shall provide adequate opportunities for review and input by stakeholders and the general public during the development of the Strategic Plan and any Strategic Plan revisions.
(c) Updated Outer Continental Shelf Region Assessments- The Secretary, in consultation with the Secretary of Commerce, and in consultation with the appropriate Council and other experts, shall update the initial Outer Continental Shelf Region assessment prepared under subsection (a) in coordination with each plan revision under subsection (e), to provide more detailed information regarding the required elements of the assessment and to include any relevant new information that has become available in the interim.
(1) COMMENCEMENT OF REVIEW- Within 10 days after transmittal of a Strategic Plan under this section, or any revision to such a Strategic Plan, by a Council, the Secretary, in consultation with the Secretary of Commerce, shall commence a review of the Strategic Plan or the revised Strategic Plan, respectively.
(2) PUBLIC NOTICE AND COMMENT- Immediately after receipt of such a Strategic Plan or revision, the Secretary, in consultation with the Secretary of Commerce, shall publish the Strategic Plan or revision in the Federal Register and provide an opportunity for the submission of public comment for a 90-day period beginning on the date of such publication.
(3) REQUIREMENTS FOR APPROVAL- Before approving a Strategic Plan, or any revision to a Strategic Plan, the Secretary, in consultation with the Secretary of Commerce, must find that the Strategic Plan or revision--
(A) is consistent with the Outer Continental Shelf Lands Act;
(B) complies with subsection (b); and
(C) complies with the purposes of this title as identified in section 601(a).
(4) DEADLINE FOR COMPLETION- Within 180 days after transmittal of a Strategic Plan, or a revision to a Strategic Plan, the Secretary, in consultation with the Secretary of Commerce, shall approve or disapprove the Strategic Plan or revision by written notice to the Council that submitted the Strategic Plan. If the Secretary disapproves the Strategic Plan, the Secretary, in consultation with the Secretary of Commerce, shall transmit to the Council that submitted the strategic Plan an identification of the deficiencies in the Strategic Plan and recommendations to improve the Strategic Plan. The Council shall submit a revised Strategic Plan to the Secretaries within 180 days after the Secretary transmits such deficiencies and recommendations.
(e) Plan Revision- Each Strategic Plan that is approved by the Secretary of the Interior, in consultation with the Secretary of Commerce, shall be reviewed and revised by the relevant Council at least once every 5 years. Such review and revision shall be based on the most recently updated Outer Continental Shelf Region assessment. Any proposed revisions to the Strategic Plan shall be transmitted to the Secretaries for review and approval pursuant to this section.
SEC. 604. REGULATIONS.
The Secretaries shall issue such regulations as the Secretaries consider necessary to ensure proper administration of this title.
SEC. 605. OCEAN RESOURCES CONSERVATION AND ASSISTANCE FUND.
(1) IN GENERAL- There is established in the Treasury of the United States a separate account to be known as the Ocean Resources Conservation and Assistance Fund (in this section referred to as the `ORCA Fund').
(2) CREDITS- The ORCA Fund shall be credited with amounts as specified in subsection (q) of section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337), as amended by section 401 of this Act.
(3) ALLOCATION OF THE ORCA FUND-
(A) IN GENERAL- Of the amounts deposited in the ORCA Fund each fiscal year--
(i) 50 percent shall be used by the Secretary to make grants to coastal States and affected Indian tribes under subsection (b);
(ii) 40 percent shall be allocated by the Secretary to the Ocean, Coastal and Great Lakes Grants Program established by subsection (c); and
(iii) 10 percent shall be used by the Secretary to make grants to Regional Ocean Partnerships under subsection (d).
(B) AVAILABILITY- Amounts deposited in the Fund shall be available to the Secretary of Commerce (in this section referred to as the `Secretary') for allocation under subparagraph (A) without further appropriation.
(4) PROCEDURES- The Secretary shall establish application, review, oversight, financial accountability, and performance accountability procedures for each grant program to which funds are allocated under this subsection.
(b) Grants to Coastal States-
(1) GRANT AUTHORITY- The Secretary may use amounts allocated under subsection (a)(3)(A)(i) to make grants to--
(A) coastal States pursuant to the formula established under section 306(c) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(c)); and
(B) to affected Indian tribes based on and proportional to any specific coastal and ocean management authority granted to an affected tribe pursuant to affirmation of a Federal reserved right.
(2) ELIGIBILITY- To be eligible to receive a grant under this subsection, a coastal State or affected Indian tribe must prepare and revise a 5-year plan and annual work plans that--
(A) demonstrate that activities for which the coastal State or affected Indian tribe will use the funds are consistent with the eligible uses of the Fund identified in subsection (e); and
(B) provide mechanisms to ensure that funding is made available to government, nongovernment, and academic entities to carry out eligible activities at the county and local level.
(3) APPROVAL OF STATE AND AFFECTED TRIBAL PLANS- Such plans must be submitted to and approved by the Secretary.
(4) PUBLIC INPUT AND COMMENT- In determining whether to approve such plans, the Secretary shall provide opportunity for, and take into consideration, public input and comment on the plans from stakeholders and the general public.
(5) USE OF FUNDS- Any amounts provided as a grant under this subsection may only be used for activities described in subsection (e).
(c) Ocean and Coastal Grants Program-
(1) ESTABLISHMENT- The Secretary shall establish an Ocean, Coastal, and Great Lakes Grants Program for the purposes of allocating funds available under subsection (a)(3)(A)(ii).
(2) OCEAN, COASTAL, AND GREAT LAKES COUNCIL-
(A) IN GENERAL- The Secretary shall establish an Ocean, Coastal, and Great Lakes Council (in this section referred to as the `Council'), which shall consist of 12 members appointed by the Secretary with expertise in the conservation and management of ocean, coastal, and Great Lakes ecosystems and marine resources. In appointing members to the Council, the Secretary shall include a balanced diversity of representatives of relevant Federal agencies, affected Indian tribes, the private sector, nonprofit organizations, and academia.
(B) TERMS AND VACANCIES- The term of office of members of the Council shall be 3 years, except the Secretary shall designate shorter terms of initial members of the Council so that the terms of subsequent members are staggered. Whenever a vacancy occurs among members of the Council, the Secretary shall appoint an individual to fill that vacancy for the remainder of the applicable term.