US Codex
Pub. L.
Notes

Division J — Oceans and Atmosphere

117th Congress · Approved Dec 23, 2022 · 136 Stat. 2395

DIVISION J Oceans and Atmosphere

SEC. 10000. Table of Contents.

The table of contents for this division is as follows:

Sec. 10000. Table of contents.

TITLE C— CORAL REEF CONSERVATION

Subtitle A— Reauthorization of Coral Reef Conservation Act of 2000

Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.

Subtitle B— United States Coral Reef Task Force

Sec. 10011. Establishment.

Sec. 10012. Duties.

Sec. 10013. Membership.

Sec. 10014. Responsibilities of Federal agency members.

Sec. 10015. Working groups.

Sec. 10016. Definitions.

Subtitle C— Department of the Interior Coral Reef Authorities

Sec. 10021. Coral reef conservation and restoration assistance.

Subtitle D— Susan L. Williams National Coral Reef Management Fellowship

Sec. 10031. Susan L. Williams National Coral Reef Management Fellowship.

TITLE CI— BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE GREAT LAKES, OCEANS, BAYS, AND ESTUARIES

Sec. 10101. Purpose.

Sec. 10102. Definitions.

Sec. 10103. Workforce study.

Sec. 10104. Accelerating innovation at Cooperative Institutes.

Sec. 10105. Blue Economy valuation.

Sec. 10106. No additional funds authorized.

TITLE CII— REGIONAL OCEAN PARTNERSHIPS

Sec. 10201. Findings; purposes.

Sec. 10202. Regional Ocean Partnerships.

TITLE CIII— NATIONAL OCEAN EXPLORATION

Sec. 10301. Findings.

Sec. 10302. Definitions.

Sec. 10303. Ocean Policy Committee.

Sec. 10304. National Ocean Mapping, Exploration, and Characterization Council.

Sec. 10305. Modifications to the ocean exploration program of the National Oceanic and Atmospheric Administration.

Sec. 10306. Repeal.

Sec. 10307. Modifications to ocean and coastal mapping program of the National Oceanic and Atmospheric Administration.

Sec. 10308. Modifications to Hydrographic Services Improvement Act of 1998.

TITLE CIV— MARINE MAMMAL RESEARCH AND RESPONSE

Sec. 10401. Data collection and dissemination.

Sec. 10402. Stranding or entanglement response agreements.

Sec. 10403. Unusual mortality event activity funding.

Sec. 10404. Liability.

Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.

Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund.

Sec. 10407. Health MAP.

Sec. 10408. Reports to Congress.

Sec. 10409. Authorization of appropriations.

Sec. 10410. Definitions.

Sec. 10411. Study on marine mammal mortality.

TITLE CV— VOLCANIC ASH AND FUMES

Sec. 10501. Modifications to National Volcano Early Warning and Monitoring System.

TITLE CVI— LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS

Sec. 10601. Learning excellence and good examples from new developers.

TITLE C Coral Reef Conservation

Subtitle A Reauthorization of Coral Reef Conservation Act of 2000

SEC. 10001. Reauthorization of Coral Reef Conservation Act of 2000.

(a)
In General.— The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by striking sections 202 through 210 and inserting the following:

“SEC. 202. PURPOSES.

“The purposes of this title are—

“(1) to conserve and restore the condition of United States coral reef ecosystems challenged by natural and human-accelerated changes, including increasing ocean temperatures, changing ocean chemistry, coral bleaching, coral diseases, water quality degradation, invasive species, and illegal, unreported, and unregulated fishing;

“(2) to promote the science-based management and sustainable use of coral reef ecosystems to benefit local communities and the Nation, including through improved integration and cooperation among Federal and non-Federal stakeholders responsible for managing coral reef resources;

“(3) to develop sound scientific information on the condition of coral reef ecosystems, continuing and emerging threats to such ecosystems, and the efficacy of innovative tools, technologies, and strategies to mitigate stressors and restore such ecosystems, including evaluation criteria to determine the effectiveness of management interventions, and accurate mapping for coral reef restoration;

“(4) to assist in the preservation of coral reefs by supporting science-based, consensus-driven, and community-based coral reef management by covered States and covered Native entities, including monitoring, conservation, and restoration projects that empower local communities, small businesses, and nongovernmental organizations;

“(5) to provide financial resources, technical assistance, and scientific expertise to supplement, complement, and strengthen community-based management programs and conservation and restoration projects of non-Federal reefs;

“(6) to establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation and restoration projects;

“(7) to support rapid, effective, and science-based assessment and response to exigent circumstances that pose immediate and long-term threats to coral reefs, including—

“(A) coral disease outbreaks;

“(B) invasive or nuisance species;

“(C) coral bleaching;

“(D) natural disasters; and

“(E) industrial or mechanical disasters, including vessel groundings, hazardous spills, and coastal construction accidents; and

“(8) to serve as a model for advancing similar international efforts to monitor, conserve, and restore coral reef ecosystems.

“SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION ACTIVITIES.

“(a) In General.—The Administrator, the Secretary of the Interior, or the Secretary of Commerce may conduct activities described in subsection (b) to conserve and restore coral reefs and coral reef ecosystems that are consistent with—

“(1) all applicable laws governing resource management in Federal and State waters, including this Act;

“(2) the National Coral Reef Resilience Strategy; and

“(3) coral reef action plans in effect under section 205, as applicable.

“(b) Activities Described.—Activities described in this subsection are activities to conserve, research, monitor, assess, and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of a Federal agency specified in subsection (c) or in coordination with a State in waters managed under the jurisdiction of such State, including—

“(1) developing, including through the collection of requisite in situ and remotely sensed data, high-quality and digitized maps reflecting—

“(A) current and historical live coral cover data;

“(B) coral reef habitat quality data;

“(C) priority areas for coral reef conservation to maintain biodiversity and ecosystem structure and function, including the reef matrix, that benefit coastal communities and living marine resources;

“(D) priority areas for coral reef restoration to enhance biodiversity and ecosystem structure and function, including the reef matrix, to benefit coastal communities and living marine resources; and

“(E) areas of concern that may require enhanced monitoring of coral health and cover;

“(2) enhancing compliance with Federal laws that prohibit or regulate—

“(A) the taking of coral products or species associated with coral reefs; or

“(B) the use and management of coral reef ecosystems;

“(3) long-term ecological monitoring of coral reef ecosystems;

“(4) implementing species-specific recovery plans for listed coral species consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

“(5) restoring degraded coral reef ecosystems;

“(6) reducing land-based stressors to coral reef ecosystems;

“(7) promoting ecologically sound navigation and anchorages, including through navigational aids and expansion of reef-safe anchorages and mooring buoy systems, to enhance recreational access while preventing or minimizing the likelihood of vessel impacts or other physical damage to coral reefs;

“(8) monitoring and responding to severe bleaching or mortality events, disease outbreaks, invasive species outbreaks, and significant maritime accidents, including hazardous spill cleanup and the removal of grounded vessels;

“(9) conducting scientific research that contributes to the understanding, sustainable use, and long-term conservation of coral reefs;

“(10) enhancing public awareness, understanding, and appreciation of coral reefs and coral reef ecosystems and their ecological and socioeconomic value; and

“(11) centrally archiving, managing, and distributing on a public website data sets and coral reef ecosystem assessments, including the data repositories of the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration.

“(c) Federal Agencies Specified.—A Federal agency specified in this subsection is one of the following:

“(1) The National Oceanic and Atmospheric Administration.

“(2) The National Park Service.

“(3) The United States Fish and Wildlife Service.

“(4) The Office of Insular Affairs.

“SEC. 204. NATIONAL CORAL REEF RESILIENCE STRATEGY.

“(a) In General.—The Administrator shall—

“(1) not later than 2 years after the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, develop a national coral reef resilience strategy; and

“(2) review and revise the strategy—

“(A) not less frequently than once every 15 years;

“(B) not less frequently than once every 5 years, in the case of guidance on best practices under subsection (b)(4); and

“(C) as appropriate.

“(b) Elements.—The strategy required by subsection (a) shall include the following:

“(1) A discussion addressing—

“(A) continuing and emerging threats to the resilience of United States coral reef ecosystems;

“(B) remaining gaps in coral reef ecosystem research, monitoring, and assessment;

“(C) the status of management cooperation and integration among Federal reef managers and covered reef managers;

“(D) the status of efforts to manage and disseminate critical information, and enhance interjurisdictional data sharing, related to research, reports, data sets, and maps;

“(E) areas of special focus, which may include—

“(i) improving natural coral recruitment;

“(ii) preventing avoidable losses of corals and their habitat;

“(iii) enhancing the resilience of coral populations;

“(iv) supporting a resilience-based management approach;

“(v) developing, coordinating, and implementing watershed management plans;

“(vi) building and sustaining watershed management capacity at the local level;

“(vii) providing data essential for coral reef fisheries management;

“(viii) building capacity for coral reef fisheries management;

“(ix) increasing understanding of coral reef ecosystem services;

“(x) educating the public on the importance of coral reefs, threats and solutions; and

“(xi) evaluating intervention efficacy;

“(F) the status of conservation efforts, including the use of marine protected areas to serve as replenishment zones developed consistent with local practices and traditions and in cooperation with, and with respect for the scientific, technical, and management expertise and responsibilities of, covered reef managers;

“(G) science-based adaptive management and restoration efforts; and

“(H) management of coral reef emergencies and disasters.

“(2) A statement of national goals and objectives designed to guide—

“(A) future Federal coral reef management and restoration activities authorized under section 203;

“(B) conservation and restoration priorities for grants awarded under section 211; and

“(C) research priorities for the reef research coordination institutes designated under section 213(b)(1)(B).

“(3) A designation of priority areas for conservation, and priority areas for restoration, to support the review and approval of grants under section 211(e).

“(4) Technical assistance in the form of general templates for use by covered reef managers and Federal reef managers to guide the development of coral reef action plans under section 205, including guidance on the best science-based practices to respond to coral reef emergencies that can be included in coral reef action plans.

“(c) Consultations.—In developing all elements of the strategy required by subsection (a), the Administrator shall—

“(1) consult with the Secretary of the Interior, the Task Force, covered States, and covered Native entities;

“(2) consult with the Secretary of Defense, as appropriate;

“(3) engage stakeholders, including covered States, coral reef stewardship partnerships, reef research institutes and research centers described in section 213, and recipients of grants under section 211; and

“(4) solicit public review and comment regarding scoping and the draft strategy.

“(d) Submission to Congress; Publication.—The Administrator shall—

“(1) submit the strategy required by subsection (a) and any revisions to the strategy to the appropriate congressional committees; and

“(2) publish the strategy and any such revisions on public websites of—

“(A) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and

“(B) the Task Force.

“SEC. 205. CORAL REEF ACTION PLANS.

“(a) Plans Prepared by Federal Reef Managers.—

“(1) In general.—Not later than 3 years after the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 and 2 years after the date of publication of each National Coral Reef Resilience Strategy, each Federal reef manager shall—

“(A) prepare a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager; or

“(B) in the case of a reef under the jurisdiction of a Federal reef manager for which there is an action plan in effect as of such date of enactment, update that plan to comply with the requirements of this subsection.

“(2) Elements.—A plan prepared under paragraph (1) by a Federal reef manager shall include a discussion of the following:

“(A) Short- and medium-term coral reef conservation and restoration objectives within the jurisdiction of the manager.

“(B) A current adaptive management framework to inform research, monitoring, and assessment needs.

“(C) Tools, strategies, and partnerships necessary to identify, monitor, and address pollution, water quality, and other negative impacts to coral reef ecosystems within the jurisdiction of the manager.

“(D) The status of efforts to improve coral reef ecosystem management cooperation and integration between Federal reef managers and covered reef managers, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the jurisdiction of the manager.

“(E) Estimated budgetary and resource considerations necessary to carry out the plan.

“(F) Contingencies for response to and recovery from emergencies and disasters.

“(G) In the case of an updated plan, annual records of significant management and restoration actions taken under the previous plan, cash and noncash resources used to undertake the actions, and the source of such resources.

“(H) Documentation by the Federal reef manager that the plan is consistent with the National Coral Reef Resilience Strategy.

“(I) A data management plan to ensure data, assessments, and accompanying information are appropriately preserved, curated, publicly accessible, and broadly reusable.

“(3) Submission to task force.—Each Federal reef manager shall submit a plan prepared under paragraph (1) to the Task Force.

“(4) Application of administrative procedure act.—Each plan prepared under paragraph (1) shall be subject to the requirements of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’).

“(b) Plans Prepared by Covered Reef Managers.—

“(1) In general.—A covered reef manager may elect to prepare, submit to the Task Force, and maintain a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager.

“(2) Effective period.—A plan prepared under this subsection shall remain in effect for 5 years, or until an updated plan is submitted to the Task Force, whichever occurs first.

“(3) Elements.—A plan prepared under paragraph (1) by a covered reef manager—

“(A) shall contain a discussion of—

“(i) short- and medium-term coral reef conservation and restoration objectives within the jurisdiction of the manager;

“(ii) estimated budgetary and resource considerations necessary to carry out the plan;

“(iii) in the case of an updated plan, annual records of significant management and restoration actions taken under the previous plan, cash and noncash resources used to undertake the actions, and the source of such resources; and

“(iv) contingencies for response to and recovery from emergencies and disasters; and

“(B) may contain a discussion of—

“(i) the status of efforts to improve coral reef ecosystem management cooperation and integration between Federal reef managers and covered reef managers, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the jurisdiction of the manager;

“(ii) a current adaptive management framework to inform research, monitoring, and assessment needs;

“(iii) tools, strategies, and partnerships necessary to identify, monitor, and address pollution and water quality impacts to coral reef ecosystems within the jurisdiction of the manager; and

“(iv) a data management plan to ensure data, assessments, and accompanying information are appropriately preserved, curated, publicly accessible, and broadly reusable.

“(c) Technical Assistance.—The Administrator and the Task Force shall make reasonable efforts to provide technical assistance upon request by a Federal reef manager or covered reef manager developing a coral reef action plan under this section.

“(d) Publication.—The Administrator shall publish each coral reef action plan prepared and submitted to the Task Force under this section on the public website of the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration.

“SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.

“(a) In General.—To further community-based stewardship of coral reefs, coral reef stewardship partnerships for Federal and non-Federal coral reefs may be established in accordance with this section.

“(b) Standards and Procedures.—The Administrator shall develop and adopt—

“(1) standards for identifying individual coral reefs and ecologically significant units of coral reefs; and

“(2) processes for adjudicating multiple applicants for stewardship of the same coral reef or ecologically significant unit of a reef to ensure no geographic overlap in representation among stewardship partnerships authorized by this section.

“(c) Membership for Federal Coral Reefs.—A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant unit of a coral reef that is fully or partially under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following:

“(1) That Federal agency, a representative of which shall serve as chairperson of the coral reef stewardship partnership.

“(2) A State or county’s resource management agency to the extent that such partnership covers a reef within such States or county’s jurisdiction.

“(3) A coral reef research center designated under section 212(b).

“(4) A nongovernmental organization.

“(5) A covered Native entity culturally affiliated with the subject reef or ecologically significant unit, if any.

“(6) Such other members as the partnership considers appropriate, such as interested stakeholder groups and covered Native entities.

“(d) Membership for Non-Federal Coral Reefs.—

“(1) In general.—A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant component of a coral reef that is not under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following:

“(A) A State or county’s resource management agency or a covered Native entity, a representative of which shall serve as the chairperson of the coral reef stewardship partnership.

“(B) A coral reef research center designated under section 212(b).

“(C) A nongovernmental organization.

“(D) Such other members as the partnership considers appropriate, such as interested stakeholder groups.

“(2) Additional members.—

“(A) In general.—Subject to subparagraph (B), a coral reef stewardship partnership described in paragraph (1) may also include representatives of one or more Federal agencies.

“(B) Requests; approval.—A representative of a Federal agency described in subparagraph (A) may become a member of a coral reef stewardship partnership described in paragraph (1) if—

“(i) the representative submits a request to become a member to the chairperson of the partnership referred to in paragraph (1)(A); and

“(ii) the chairperson consents to the request.

“(e) Nonapplicability of Federal Advisory Committee Act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coral reef stewardship partnerships under this section.

“SEC. 207. BLOCK GRANTS.

“(a) In General.—In each fiscal year beginning in fiscal year 2023 and subject to the availability of appropriations, the Administrator shall provide block grants of financial assistance of not less than $500,000 to each covered State to support management and restoration activities and further the implementation of coral reef action plans in effect under section 205 by covered States and non-Federal coral reef stewardship partnerships in accordance with this section. The Administrator shall review each covered State’s application for block grant funding to ensure that applications are consistent with applicable action plans and the National Coral Reef Resilience Strategy.

“(b) Responsibilities of the Administrator.—The Administrator is responsible for—

“(1) providing guidance on the proper documentation of expenditures authorized under this Act;

“(2) issuing annual solicitations to covered States for awards under this section; and

“(3) determining the appropriate allocation of additional amounts among covered States in accordance with this section.

“(c) Responsibilities of Covered States.—Each covered State is responsible for documenting and reporting—

“(1) such State’s use of Federal funds received under this Act; and

“(2) such expenditures of non-Federal funds made in furtherance of coral reef management and restoration as the Administrator determines appropriate.

“(d) Cooperative Agreements.—Subject to the availability of appropriations, the Administrator may seek to enter into a cooperative agreement with a covered State to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such covered State that are consistent with the National Coral Reef Resilience Strategy and any applicable action plan under section 205.

“(e) All Islands Committee.—The Administrator may enter into a cooperative agreement with the All Islands Committee of the Task Force to provide support for its activities.

“SEC. 208. CORAL REEF STEWARDSHIP FUND.

“(a) Agreement.—The Administrator shall seek to enter into an agreement with the National Fish and Wildlife Foundation (in this section referred to as the ‘Foundation’), authorizing the Foundation to receive, hold, and administer funds received under this section.

“(b) Fund.—

“(1) In general.—The Foundation shall establish an account, which shall—

“(A) be known as the ‘Coral Reef Stewardship Fund’ (in this section referred to as the ‘Fund’); and

“(B) serve as the successor to the account known before the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 as the Coral Reef Conservation Fund and administered through a public-private partnership with the Foundation.

“(2) Deposits.—The Foundation shall deposit funds received under this section into the Fund.

“(3) Purposes.—The Fund shall be available solely to support coral reef stewardship activities that—

“(A) further the purposes of this title; and

“(B) are consistent with—

“(i) the National Coral Reef Resilience Strategy; and

“(ii) coral reef action plans in effect, if any, under section 205 covering a coral reef or ecologically significant component of a coral reef to be impacted by such activities, if applicable.

“(4) Investment of amounts.—

“(A) Investment of amounts.—The Foundation shall invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.

“(B) Interest and proceeds.—The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

“(5) Review of performance.—The Administrator shall conduct a continuing review of all deposits into, and disbursements from, the Fund. Each review shall include a written assessment concerning the extent to which the Foundation has implemented the goals and requirements of—

“(A) this section; and

“(B) the National Coral Reef Resilience Strategy.

“(c) Authorization To Solicit Donations.—

“(1) In general.—Pursuant to an agreement entered into under subsection (a), the Foundation may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services) to further the purposes of this title.

“(2) Deposits in fund.—Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund.

“(d) Administration.—Under an agreement entered into pursuant to subsection (a), and subject to the availability of appropriations, the Administrator may transfer funds appropriated for such purposes to carry out this title to the Foundation. Amounts received by the Foundation under this subsection may be used for matching, in whole or in part, contributions (whether in money, services, or property) made to the Foundation by private persons, State or local government agencies, or covered Native entities.

“SEC. 209. EMERGENCY ASSISTANCE.

“(a) In General.—Notwithstanding any other provision of law, from funds appropriated pursuant to the authorization of appropriations under section 215, the Administrator may provide emergency assistance to any covered State or coral reef stewardship partnership to respond to immediate harm to coral reefs or coral reef ecosystems arising from any of the exigent circumstances described in subsection (b).

“(b) Coral Reef Exigent Circumstances.—The Administrator shall develop a list of, and criteria for, circumstances that pose an exigent threat to coral reefs, including—

“(1) new and ongoing outbreaks of disease;

“(2) new and ongoing outbreaks of invasive or nuisance species;

“(3) new and ongoing coral bleaching events;

“(4) natural disasters;

“(5) industrial or mechanical incidents, such as vessel groundings, hazardous spills, or coastal construction accidents; and

“(6) such other circumstances as the Administrator determines appropriate.

“(c) Annual Report on Exigent Circumstances.—On February 1 of each year, the Administrator shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that—

“(1) describes locations with exigent circumstances described in subsection (b) that were considered but declined for emergency assistance, and the rationale for the decision; and

“(2) with respect to each instance in which emergency assistance under this section was provided—

“(A) the location and a description of the exigent circumstances that prompted the emergency assistance, the entity that received the assistance, and the current and expected outcomes from the assistance;

“(B) a description of activities of the National Oceanic and Atmospheric Administration that were curtailed as a result of providing the emergency assistance; and

“(C) an assessment of whether further action is needed to restore the affected coral reef, recommendations for such restoration, and a cost estimate to implement such recommendations.

“SEC. 210. CORAL REEF DISASTER FUND.

“(a) Agreements.—The Administrator shall seek to enter into an agreement with the National Fish and Wildlife Foundation (in this section referred to as the ‘Foundation’), authorizing the Foundation to receive, hold, and administer funds received under this section.

“(b) Fund.—

“(1) In general.—The Foundation shall establish an account, to be known as the ‘Coral Reef Disaster Fund’ (in this section referred to as the ‘Fund’).

“(2) Deposits.—The Foundation shall deposit funds received under this section into the Fund.

“(3) Purposes.—The Fund shall be available solely to support the long-term recovery of coral reefs from exigent circumstances described in section 209(b)—

“(A) in partnership with non-Federal stakeholders; and

“(B) in a manner that is consistent with—

“(i) the National Coral Reef Resilience Strategy; and

“(ii) coral reef action plans in effect, if any, under section 205.

“(4) Investment of amounts.—

“(A) Investment of amounts.—The Foundation shall invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.

“(B) Interest and proceeds.—The interest on, and the proceeds from, the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

“(5) Review of performance.—The Administrator shall conduct continuing reviews of all deposits into, and disbursements from, the Fund. Each such review shall include a written assessment concerning the extent to which the Foundation has implemented the goals and requirements of this section.

“(c) Authorization To Solicit Donations.—

“(1) In general.—Pursuant to an agreement entered into under subsection (a), the Foundation may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services) to further the purposes of this title.

“(2) Deposits in fund.—Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund.

“SEC. 211. RUTH D. GATES CORAL REEF CONSERVATION GRANT PROGRAM.

“(a) In General.—Subject to the availability of appropriations, the Administrator shall establish a program (to be known as the ‘Ruth D. Gates Coral Reef Conservation Grant Program’) to provide grants for projects for the conservation and restoration of coral reef ecosystems (in this section referred to as ‘coral reef projects’) pursuant to proposals approved by the Administrator in accordance with this section.

“(b) Matching Requirements for Grants.—

“(1) In general.—Except as provided in paragraph (3), Federal funds for any coral reef project for which a grant is provided under subsection (a) may not exceed 50 percent of the total cost of the project.

“(2) Non-federal share.—The non-Federal share of the cost of a coral reef project may be provided by in-kind contributions and other noncash support.

“(3) Waiver.—The Administrator may waive all or part of the matching requirement under paragraph (1) if the Administrator determines that no reasonable means are available through which an applicant can meet the matching requirement with respect to a coral reef project and the probable benefit of the project outweighs the public interest in the matching requirement.

“(c) Eligibility.—

“(1) In general.—An entity described in paragraph (2) may submit to the Administrator a proposal for a coral reef project.

“(2) Entities described.—An entity described in this paragraph is—

“(A) a covered reef manager or a covered Native entity;

“(B) a regional fishery management council established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);

“(C) a coral reef stewardship partnership seeking to implement a coral reef action plan in effect under section 205;

“(D) a coral reef research center designated under section 212(b); or

“(E) a nongovernmental organization or research institution with demonstrated expertise in the conservation or restoration of coral reefs in practice or through significant contributions to the body of existing scientific research on coral reefs.

“(d) Project Proposals.—Each proposal for a grant under this section for a coral reef project shall include the following:

“(1) The name of the individual or entity responsible for conducting the project.

“(2) A description of the qualifications of the individual or entity.

“(3) A succinct statement of the purposes of the project.

“(4) An estimate of the funds and time required to complete the project.

“(5) Evidence of support for the project by appropriate representatives of States or other government jurisdictions in which the project will be conducted.

“(6) Information regarding the source and amount of matching funding available to the applicant.

“(7) A description of how the project meets one or more of the criteria under subsection (e)(2).

“(8) In the case of a proposal submitted by a coral reef stewardship partnership, a description of how the project aligns with the applicable coral reef action plan in effect under section 205.

“(9) Any other information the Administrator considers to be necessary for evaluating the eligibility of the project for a grant under this subsection.

“(e) Project Review and Approval.—

“(1) In general.—The Administrator shall review each coral reef project proposal submitted under this section to determine if the project meets the criteria set forth in subsection (f).

“(2) Prioritization of conservation projects.—The Administrator shall prioritize the awarding of funding for projects that meet the criteria for approval described in—

“(A) subparagraphs (A) through (G) of subsection (f)(2) that are proposed to be conducted within priority areas identified for coral reef conservation by the Administrator under the National Coral Reef Resilience Strategy; and

“(B) subparagraphs (E) through (L) of subsection (f)(2) that are proposed to be conducted within priority areas identified for coral reef restoration by the Administrator under the National Coral Reef Resilience Strategy.

“(3) Review; approval or disapproval.—Not later than 180 days after receiving a proposal for a coral reef project under this section, the Administrator shall—

“(A) request and consider written comments on the proposal from each Federal agency, State government, covered Native entity, or other government jurisdiction, including the relevant regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or any National Marine Sanctuary or Marine National Monument, with jurisdiction or management authority over coral reef ecosystems in the area where the project is to be conducted, including the extent to which the project is consistent with locally established priorities, unless such entities were directly involved in the development of the project proposal;

“(B) provide for the merit-based peer review of the proposal and require standardized documentation of that peer review;

“(C) after considering any written comments and recommendations based on the reviews under subparagraphs (A) and (B), approve or disapprove the proposal; and

“(D) provide written notification of that approval or disapproval, with summaries of all written comments, recommendations, and peer reviews, to the entity that submitted the proposal, and each of those States, covered Native entity, and other government jurisdictions that provided comments under subparagraph (A).

“(f) Criteria for Approval.—The Administrator may not approve a proposal for a coral reef project under this section unless the project—

“(1) is consistent with—

“(A) the National Coral Reef Resilience Strategy; and

“(B) any Federal or non-Federal coral reef action plans in effect under section 205 covering a coral reef or ecologically significant unit of a coral reef to be affected by the project; and

“(2) will enhance the conservation and restoration of coral reefs by—

“(A) addressing conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products, including supporting consensus-driven and community-based planning and management initiatives for the protection of coral reef ecosystems;

“(B) improving compliance with laws that prohibit or regulate the taking of coral products or species associated with coral reefs or regulate the use and management of coral reef ecosystems;

“(C) designing and implementing networks of real-time water quality monitoring along coral reefs, including data collection related to turbidity, nutrient availability, harmful algal blooms, and plankton assemblages, with an emphasis on coral reefs impacted by agriculture and urban development;

“(D) promoting ecologically sound navigation and anchorages, including mooring buoy systems to promote enhanced recreational access, near coral reefs;

“(E) furthering the goals and objectives of coral reef action plans in effect under section 205;

“(F) mapping the location and distribution of coral reefs and potential coral reef habitat;

“(G) stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to conserve and restore coral reef ecosystems;

“(H) implementing research to ensure the population viability of coral species in United States waters listed as threatened or endangered under the Endangered Species Act of 1973 as detailed in the population-based recovery criteria included in species-specific recovery plans established under such Act;

“(I) developing and implementing cost-effective methods to restore degraded coral reef ecosystems or to create geographically appropriate coral reef ecosystems in suitable waters, including by improving habitat or promoting success of keystone species, with an emphasis on novel restoration strategies and techniques to advance coral reef recovery and growth near population centers threatened by rising sea levels and storm surge;

“(J) translating and applying coral genetics research to coral reef ecosystem restoration, including research related to traits that promote resilience to increasing ocean temperatures, changing ocean chemistry, coral bleaching, coral diseases, and invasive species;

“(K) developing and maintaining in situ native coral propagation sites; or

“(L) developing and maintaining ex situ coral propagation nurseries and land-based coral gene banks to—

“(i) conserve or augment genetic diversity of native coral populations;

“(ii) support captive breeding of rare coral species; or

“(iii) enhance resilience of native coral populations to increasing ocean temperatures, changing ocean chemistry, coral bleaching, and coral diseases through selective breeding, conditioning, or other approaches that target genes, gene expression, phenotypic traits, or phenotypic plasticity.

“(g) Funding Requirements.—To the extent practicable based upon proposals for coral reef projects submitted to the Administrator, the Administrator shall ensure that funding for grants awarded under this section during a fiscal year is distributed as follows:

“(1) Not less than 40 percent of funds available shall be awarded for projects in areas of the Pacific Ocean subject to the jurisdiction or control of the United States.

“(2) Not less than 40 percent of the funds available shall be awarded for projects in areas of the Atlantic Ocean, the Gulf of Mexico, or the Caribbean Sea subject to the jurisdiction or control of the United States.

“(3) To the extent there are viable applications made by eligible coral reef stewardship partners, not more than 67 percent of funds distributed in each region in accordance with paragraphs (1) and (2) may be made exclusively available to projects that are—

“(A) submitted by a coral reef stewardship partnership; and

“(B) consistent with the coral reef action plan in effect under section 205 by such a partnership.

“(4) Of the funds distributed to support projects in accordance with paragraph (3), not less than 20 percent and not more than 33 percent shall be awarded for projects submitted by a Federal coral reef stewardship partnership, to the extent there are viable applications made by eligible Federal coral reef stewardship partnerships.

“(h) Task Force.—The Administrator may consult with the Secretary of the Interior and the Task Force to obtain guidance in establishing priorities and evaluating proposals for coral reef projects under this section.

“SEC. 212. CORAL REEF RESEARCH.

“(a) Reef Research Coordination Institutes.—

“(1) Establishment.—The Administrator shall designate 2 reef research coordination institutes for the purpose of advancing and sustaining essential capabilities in coral reef research, one each in the Atlantic and Pacific basins, to be known as the ‘Atlantic Reef Research Coordination Institute’ and the ‘Pacific Reef Research Coordination Institute’, respectively.

“(2) Membership.—Each institute designated under paragraph (1) shall be housed within a single coral reef research center designated by the Administrator under subsection (b).

“(3) Functions.—The institutes designated under paragraph (1) shall—

“(A) conduct federally directed research to fill national and regional coral reef ecosystem research gaps and improve understanding of, and responses to, continuing and emerging threats to the resilience of United States coral reef ecosystems consistent with the National Coral Reef Resilience Strategy;

“(B) support ecological research and monitoring to study the effects of conservation and restoration activities funded by this title on promoting more effective coral reef management and restoration; and

“(C) through agreements—

“(i) collaborate directly with States, covered Native entities, covered coral reef managers, nonprofit organizations, and other coral reef research centers designated under subsection (b);

“(ii) assist in the development and implementation of—

“(I) the National Coral Reef Resilience Strategy; and

“(II) coral reef action plans under section 205;

“(iii) build capacity within non-Federal governmental resource management agencies to establish research priorities and translate and apply research findings to management and restoration practices; and

“(iv) conduct public education and awareness programs for policymakers, resource managers, and the general public on—

“(I) coral reefs and coral reef ecosystems;

“(II) best practices for coral reef ecosystem management and restoration;

“(III) the value of coral reefs; and

“(IV) the threats to the sustainability of coral reef ecosystems.

“(b) Coral Reef Research Centers.—

“(1) In general.—The Administrator shall—

“(A) periodically solicit applications for designation of qualifying institutions in covered States as coral reef research centers; and

“(B) designate all qualifying institutions in covered States as coral reef research centers.

“(2) Qualifying institutions.—For purposes of paragraph (1), an institution is a qualifying institution if the Administrator determines that the institution—

“(A) is operated by an institution of higher education or nonprofit marine research organization;

“(B) has established management-driven national or regional coral reef research or restoration programs;

“(C) has demonstrated abilities to coordinate closely with appropriate Federal and State agencies, and other academic and nonprofit organizations; and

“(D) maintains significant local community engagement and outreach programs related to coral reef ecosystems.

“SEC. 213. CORAL REEF PRIZE COMPETITIONS.

“(a) In General.—Subject to the availability of appropriations, the head of any Federal agency with a representative serving on the United States Coral Reef Task Force established by section 10011 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, may, individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

“(b) Purposes.—Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems.

“(c) Priority Programs.—Priority shall be given to establishing programs under this section that address communities, environments, or industries that are in distress as a result of the decline or degradation of coral reef ecosystems, including—

“(1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including changing ocean chemistry, temperature-related bleaching, disease, and their associated impacts on coral physiology;

“(2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship;

“(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems;

“(4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and

“(5) the development of adaptation and management options for impacted tourism industries.

“SEC. 214. REPORTS ON ADMINISTRATION.

“(a) In General.—Not later than 2 years after the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and every 2 years thereafter, the Administrator shall submit to the committees specified in subsection (b) a report on the administration of this title during the 2-year period preceding submission of the report, including—

“(1) a description of all activities undertaken to implement the National Coral Reef Resilience Strategy;

“(2) a statement of all funds obligated under the authorities of this title; and

“(3) a summary, disaggregated by State, of Federal and non-Federal contributions toward the costs of each project or activity funded, in full or in part, under this title.

“(b) Committees Specified.—The committees specified in this subsection are—

“(1) the Committee on Commerce, Science, and Transportation, Committee on Environment and Public Works, Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate; and

“(2) the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives.

“SEC. 215. AUTHORIZATION OF APPROPRIATIONS.

“(a) In General.—There is authorized to be appropriated to the Administrator $45,000,000 for each of fiscal years 2023 through 2027 to carry out this title which shall remain available until expended. Of such amounts, there is authorized to be appropriated for each such fiscal year—

“(1) $12,000,000 to carry out section 207;

“(2) $3,500,000 for activities authorized under section 211; and

“(3) $4,500,000 to be provided to the cooperative institutes designated under section 212(a) to carry out the functions described in such section.

“(b) Administration.—Not more than 10 percent of the amounts appropriated under subsection (a) may be used for program administration or overhead costs incurred by the National Oceanic and Atmospheric Administration or the Department of Commerce.

“SEC. 216. DEFINITIONS.

“In this title:

“(1) Administrator.—The term ‘Administrator’ means the Administrator of the National Oceanic and Atmospheric Administration.

“(2) Alaska native corporation.—The term ‘Alaska Native Corporation’ has the meaning given the term ‘Native Corporation’ in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

“(3) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.

“(4) Conservation.—The term ‘conservation’ means the use of methods and procedures necessary to preserve or sustain native corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems with minimal impacts from invasive species, including—

“(A) all activities associated with resource management, such as monitoring, assessment, protection, restoration, sustainable use, management of habitat, and maintenance or augmentation of genetic diversity;

“(B) mapping;

“(C) scientific expertise and technical assistance in the development and implementation of management strategies for marine protected areas and marine resources required by Federal law;

“(D) law enforcement;

“(E) conflict resolution initiatives;

“(F) community outreach and education; and

“(G) promotion of safe and ecologically sound navigation and anchoring.

“(5) Coral.—The term ‘coral’ means species of the phylum Cnidaria, including—

“(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals, organ pipe corals, gorgonians), and Helioporacea (blue coral), of the class Anthozoa; and

“(B) all species of the order Anthoathecata (fire corals and other hydrocorals) of the class Hydrozoa.

“(6) Coral products.—The term ‘coral products’ means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species of coral.

“(7) Coral reef.—The term ‘coral reef’ means calcium carbonate structures in the form of a reef or shoal, composed in whole or in part by living coral, skeletal remains of coral, crustose coralline algae, and other associated sessile marine plants and animals.

“(8) Coral reef ecosystem.—The term ‘coral reef ecosystem’ means—

“(A) corals and other geographically and ecologically associated marine communities of other reef organisms (including reef plants and animals) associated with coral reef habitat; and

“(B) the biotic and abiotic factors and processes that control or significantly affect coral calcification rates, tissue growth, reproduction, recruitment, abundance, coral-algal symbiosis, and biodiversity in such habitat.

“(9) Coral reef ecosystem services.—The term ‘coral reef ecosystem services’ means the attributes and benefits provided by coral reef ecosystems including—

“(A) protection of coastal beaches, structures, and infrastructure;

“(B) habitat for organisms of economic, ecological, biomedical, medicinal, and cultural value;

“(C) serving as centers for the promulgation, performance, and training of cultural practices representative of traditional ecological knowledge; and

“(D) aesthetic value.

“(10) Covered native entity.—The term ‘covered Native entity’ means a Native entity with interests in a coral reef ecosystem.

“(11) Covered reef manager.—The term ‘covered reef manager’ means—

“(A) a management unit of a covered State with jurisdiction over a coral reef ecosystem;

“(B) a covered State; or

“(C) a coral reef stewardship partnership under section 206.

“(12) Covered state.—The term ‘covered State’ means Florida, Hawaii, and the territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands.

“(13) Federal reef manager.—

“(A) In general.—The term ‘Federal reef manager’ means—

“(i) a management unit of a Federal agency specified in subparagraph (B) with lead management jurisdiction over a coral reef ecosystem; or

“(ii) a coral reef stewardship partnership under section 206(c).

“(B) Federal agencies specified.—A Federal agency specified in this subparagraph is one of the following:

“(i) The National Oceanic and Atmospheric Administration.

“(ii) The National Park Service.

“(iii) The United States Fish and Wildlife Service.

“(iv) The Office of Insular Affairs.

“(14) Institution of higher education.—The term ‘institution of higher education’ has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

“(15) Interested stakeholder groups.—The term ‘interested stakeholder groups’ means any of the following with interest in an applicable coral reef or ecologically significant unit of a coral reef:

“(A) A business.

“(B) A commercial or recreational fisherman.

“(C) A recreationalist.

“(D) A Federal, State, Tribal, or local government unit with related jurisdiction.

“(E) An institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

“(F) A nongovernmental organization.

“(16) National coral reef resilience strategy.—The term ‘National Coral Reef Resilience Strategy’ means the National Coral Reef Resilience Strategy in effect under section 204.

“(17) Native entity.—The term ‘Native entity’ means any of the following:

“(A) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).

“(B) An Alaska Native Corporation.

“(C) The Department of Hawaiian Home Lands.

“(D) The Office of Hawaiian Affairs.

“(E) A Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)).

“(18) Nonprofit organization.—The term ‘nonprofit organization’ means any corporation, trust, association, cooperative, or other organization, not including an institution of higher education, that—

“(A) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;

“(B) is not organized primarily for profit; and

“(C) uses net proceeds to maintain, improve, or expand the operations of the organization.

“(19) Restoration.—The term ‘restoration’ means the use of methods and procedures necessary to enhance, rehabilitate, recreate, or create a functioning coral reef or coral reef ecosystem, in whole or in part, within suitable waters of the historical geographic range of such ecosystems, to provide ecological, economic, cultural, or coastal resiliency services associated with healthy coral reefs and benefit native populations of coral reef organisms.

“(20) Resilience.—The term ‘resilience’ means the capacity for corals within their native range, coral reefs, or coral reef ecosystems to resist and recover from natural and human disturbances, and maintain structure and function to provide coral reef ecosystem services, as determined by clearly identifiable, measurable, and science-based standards.

“(21) Secretary.—The term ‘Secretary’ means the Secretary of Commerce.

“(22) State.—The term ‘State’ means—

“(A) any State of the United States that contains a coral reef ecosystem within its seaward boundaries;

“(B) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the United States Virgin Islands; or

“(C) any other territory or possession of the United States or separate sovereign in free association with the United States that contains a coral reef ecosystem within its seaward boundaries.

“(23) Stewardship.—The term ‘stewardship’, with respect to a coral reef, includes conservation, restoration, and public outreach and education.

“(24) Task force.—The term ‘Task Force’ means the United States Coral Reef Task Force established under section 10011 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.”

(b)
Conforming Amendment to National Oceans and Coastal Security Act.— Section 905(a) of the National Oceans and Coastal Security Act (16 U.S.C. 7504(a)) is amended by striking “ and coastal infrastructure” and inserting “ , coastal infrastructure, and ecosystem services provided by natural systems such as coral reefs”.
(c)
Comptroller General Review of Coral Reef Conservation Programs at the National Oceanic and Atmospheric Administration.— The Comptroller General of the United States shall, not later than 1 year after the date of the enactment of this Act, submit to Congress and the National Oceanic and Atmospheric Administration a report that—
(1)
examines the budget and accounting practices of the coral reef conservation programs of such Administration, including expenditure tracking across line and program offices;
(2)
examines the process for determining appropriate project goals and funding priorities; and
(3)
includes recommendations on policies or best practices that may improve the transparency and accountability of coral reef conservation programs.
(d)
Savings Clause.— None of the amendments made by or provisions of this title may be construed to enlarge the management authority of a Federal agency or coral reef stewardship partnership to coral reefs and coral reef ecosystems outside the boundaries of such agency’s or partnership’s jurisdiction.

Subtitle B United States Coral Reef Task Force

SEC. 10011. Establishment.

There is established a task force to lead, coordinate, and strengthen Federal Government actions to better preserve, conserve, and restore coral reef ecosystems, to be known as the “United States Coral Reef Task Force” (in this subtitle referred to as the “Task Force”).

SEC. 10012. Duties.

The duties of the Task Force shall be—
(1)
to coordinate, in cooperation with covered States, covered Native entities, Federal reef managers, covered reef managers, coral reef research centers designated under section 212(b) of the Coral Reef Conservation Act of 2000 (as added by this division), and other nongovernmental and academic partners as appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, and restoration of coral reefs and coral reef ecosystems;
(2)
to monitor and advise regarding implementation of the policy and Federal agency responsibilities set forth in—
(A)
Executive Order 13089 (63 Fed. Reg. 32701; relating to coral reef protection); and
(B)
the National Coral Reef Resilience Strategy;
(3)
to work in coordination with the other members of the Task Force—
(A)
to assess the United States role in international trade and protection of coral species;
(B)
to encourage implementation of appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide; and
(C)
to collaborate with international communities successful in managing coral reefs;
(4)
to provide technical assistance for the development and implementation, as appropriate, of—
(A)
the National Coral Reef Resilience Strategy; and
(B)
coral reef action plans under section 205 of that Act; and
(5)
to produce a report each year, for submission to the appropriate congressional committees and publication on the public website of the Task Force, highlighting the status of the coral reef resources of a covered State on a rotating basis, including—
(A)
a summary of recent coral reef management and restoration activities undertaken in that State; and
(B)
updated estimates of the direct and indirect economic activity supported by, and other benefits associated with, those coral reef resources.

SEC. 10013. Membership.

(a)
Voting Membership.— The voting members of the Task Force shall be—
(1)
the Under Secretary of Commerce for Oceans and Atmosphere and the Secretary of Interior, who shall be co-chairpersons of the Task Force;
(2)
such representatives from other Federal agencies as the President, in consultation with the Under Secretary, determines appropriate; and
(3)
the Governor, or a representative of the Governor, of each covered State.
(b)
Nonvoting Members.— The Task Force shall have the following nonvoting members:
(1)
A member of the South Atlantic Fishery Management Council who is designated by the Governor of Florida under section 302(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(b)(1)).
(2)
A member of the Gulf of Mexico Fishery Management Council who is designated by the Governor of Florida under such section.
(3)
A member of the Western Pacific Fishery Management Council who is designated under such section and selected as follows:
(A)
For the period beginning on the date of the enactment of this Act and ending on December 31 of the calendar year during which such date of enactment occurs, the member shall be selected jointly by the Governors of Hawaii, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
(B)
For each calendar year thereafter, the Governors of Hawaii, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands shall, on a rotating basis, take turns selecting the member.
(4)
A member of the Caribbean Fishery Management Council who is designated under such section and selected as follows:
(A)
For the period beginning on the date of the enactment of this Act and ending on December 31 of the calendar year during which such date of enactment occurs, the member shall be selected jointly by the Governors of Puerto Rico and the United States Virgin Islands.
(B)
For each calendar year thereafter, the Governors of Puerto Rico and the United States Virgin Islands shall, on an alternating basis, take turns selecting the member.
(5)
A member appointed by the President of the Federated States of Micronesia.
(6)
A member appointed by the President of the Republic of the Marshall Islands.
(7)
A member appointed by the President of the Republic of Palau.

SEC. 10014. Responsibilities of Federal Agency Members.

(a)
In General.— A member of the Task Force described in section 10013(a) shall—
(1)
identify the actions of the agency that member represents that may affect coral reef ecosystems;
(2)
use the programs and authorities of that agency to protect and enhance the conditions of such ecosystems, including through the promotion of basic and applied scientific research;
(3)
collaborate with the Task Force to appropriately reflect budgetary needs for coral reef conservation and restoration activities in all agency budget planning and justification documents and processes; and
(4)
engage in any other coordinated efforts approved by the Task Force.
(b)
Co-chairpersons.— In addition to their responsibilities under subsection (a), the co-chairpersons of the Task Force shall perform the administrative functions of the Task Force and facilitate the coordination of the members of the Task Force described in section 10013(a).
(c)
Briefing.— Not less than 30 days before each meeting of the Task Force, the program offices of the National Oceanic and Atmospheric Administration responsible for implementing this title shall provide a briefing to the relevant congressional committees on efforts and spending associated with such implementation.

SEC. 10015. Working Groups.

(a)
In General.— The co-chairpersons of the Task Force may establish working groups as necessary to meet the goals and carry out the duties of the Task Force.
(b)
Requests From Members.— The members of the Task Force may request that the co-chairpersons establish a working group under subsection (a).
(c)
Participation by Nongovernmental Organizations.— The co-chairpersons may allow nongovernmental organizations as appropriate, including academic institutions, conservation groups, and commercial and recreational fishing associations, to participate in a working group established under subsection (a).
(d)
Nonapplicability of Federal Advisory Committee Act.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to working groups established under this section.

SEC. 10016. Definitions.

In this subtitle:
(1)
Appropriate congressional committees.— The term “appropriate congressional committees” means—
(A)
the Committee on Commerce, Science, and Transportation of the Senate;
(B)
the Committee on Environment and Public Works of the Senate;
(C)
the Committee on Energy and Natural Resources of the Senate; and
(D)
the Committee on Natural Resources of the House of Representatives.
(2)
Conservation, coral, coral reef, etc.— The terms “conservation”, “coral”, “coral reef”, “coral reef ecosystem”, “covered reef manager”, “covered State”, “Federal reef manager”, “National Coral Reef Resilience Strategy”, “restoration”, “resilience”, and “State” have the meanings given those terms in section 216 of the Coral Reef Conservation Act of 2000, as added by this division.

Subtitle C Department of the Interior Coral Reef Authorities

SEC. 10021. Coral Reef Conservation and Restoration Assistance.

(a)
In General.— The Secretary of the Interior may provide scientific expertise and technical assistance, and subject to the availability of appropriations, financial assistance for the conservation and restoration of coral reefs consistent with all applicable laws governing resource management in Federal, State, and Tribal waters, including—
(1)
the National Coral Reef Resilience Strategy; and
(2)
coral reef action plans in effect under section 205 of the Coral Reef Conservation Act of 2000, as added by this division, as applicable.
(b)
Coral Reef Initiative.— The Secretary may establish a Coral Reef Initiative Program—
(1)
to provide grant funding to support local management, conservation, and protection of coral reef ecosystems in—
(A)
coastal areas of covered States; and
(B)
Freely Associated States;
(2)
to enhance resource availability of National Park Service and National Wildlife Refuge System management units to implement coral reef conservation and restoration activities;
(3)
to complement the other conservation and assistance activities conducted under this Act or the Coral Reef Conservation Act of 2000, as amended by section 10001; and
(4)
to provide other technical, scientific, and financial assistance and conduct conservation and restoration activities that advance the purposes of this title and the Coral Reef Conservation Act of 2000, as amended by this division.
(c)
Consultation With the Department of Commerce.—
(1)
Coral reef conservation and restoration activities.— The Secretary of the Interior may consult with the Secretary of Commerce regarding the conduct of any activities to conserve and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of the Federal agencies specified in paragraphs (2) and (3) of section 203(c) of the Coral Reef Conservation Act of 2000, as added by this division.
(2)
Award of coral reef management fellowship.— The Secretary of the Interior shall consult with the Secretary of Commerce to award the Susan L. Williams Coral Reef Management Fellowship under subtitle D.
(d)
Cooperative Agreements.— Subject to the availability of appropriations, the Secretary of the Interior may enter into cooperative agreements with covered reef managers to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such managers that—
(1)
are consistent with the National Coral Reef Resilience Strategy; and
(2)
support and enhance the success of coral reef action plans in effect under section 205 of the Coral Reef Conservation Act of 2000, as added by this division.
(e)
Definitions.— In this section:
(1)
Conservation, coral, coral reef, etc.— The terms “conservation”, “coral reef”, “covered reef manager”, “covered State”, “National Coral Reef Resilience Strategy”, “restoration”, and “State” have the meanings given those terms in section 216 of the Coral Reef Conservation Act of 2000, as added by this division.
(2)
Tribe; tribal.— The terms “Tribe” and “Tribal” refer to Indian Tribes (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)).

Subtitle D Susan L. Williams National Coral Reef Management Fellowship

SEC. 10031. Susan L. Williams National Coral Reef Management Fellowship.

(a)
Definitions.— In this section:
(1)
Alaska native corporation.— The term “Alaska Native Corporation” has the meaning given the term “Native Corporation” in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(2)
Fellow.— The term “fellow” means a National Coral Reef Management Fellow.
(3)
Fellowship.— The term “fellowship” means the National Coral Reef Management Fellowship established in subsection (c).
(4)
Covered native entity.— The term “covered Native entity” has the meaning given the term in section 216 of the Coral Reef Conservation Act of 2000, as added by this division.
(5)
Covered state.— The term “covered State” has the meaning given the term in section 216 of the Coral Reef Conservation Act of 2000, as added by this division.
(6)
Native entity.— The term “Native entity” has the meaning given the term in section 216 of the Coral Reef Conservation Act of 2000, as added by this division.
(7)
Secretary.— The term “Secretary” means the Secretary of Commerce.
(b)
Establishment of Fellowship Program.—
(1)
In general.— There is established a National Coral Reef Management Fellowship Program.
(2)
Purposes.— The purposes of the fellowship are—
(A)
to encourage future leaders of the United States to develop additional coral reef management capacity in States and local communities with coral reefs;
(B)
to provide management agencies of covered States and covered Native entities with highly qualified candidates whose education and work experience meet the specific needs of each covered State or covered Native entity; and
(C)
to provide fellows with professional experience in management of coastal and coral reef resources.
(c)
Fellowship Awards.—
(1)
In general.— The Secretary, in consultation with the Secretary of the Interior, shall award a fellowship in accordance with this subsection.
(2)
Term of fellowship.— A fellowship awarded under this subsection shall be for a term of not more than 2 years.
(3)
Qualifications.— The Secretary, in consultation with the Secretary of the Interior, shall award a fellowship to individuals who have demonstrated—
(A)
an intent to pursue a career in marine services and outstanding potential for such a career;
(B)
leadership potential, actual leadership experience, or both;
(C)
possession of a college or graduate degree in biological science, a college or graduate degree in resource management with experience that correlates with aptitude and interest for marine management, or both;
(D)
proficient writing and speaking skills; and
(E)
such other attributes as the Secretary, in consultation with the Secretary of the Interior, considers appropriate.
(d)
Matching Requirement.—
(1)
In general.— Except as provided in paragraph (2), the non-Federal share of the costs of a fellowship under this section shall be 25 percent of such costs.
(2)
Waiver of matching requirement.— The Secretary may waive the application of paragraph (1) to a fellowship if the Secretary finds that such waiver is necessary to support a project that the Secretary has identified as a high priority.

TITLE CI Bolstering Long-Term Understanding and Exploration of the Great Lakes, Oceans, Bays, and Estuaries

SEC. 10101. Purpose.

The purpose of this title is to promote and support—
(1)
the monitoring, understanding, and exploration of the Great Lakes, oceans, bays, estuaries, and coasts; and
(2)
the collection, analysis, synthesis, and sharing of data related to the Great Lakes, oceans, bays, estuaries, and coasts to facilitate scientific research and operational decisionmaking.

SEC. 10102. Definitions.

In this title:
(1)
Administration.— The term “Administration” means the National Oceanic and Atmospheric Administration.
(2)
Administrator.— The term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere in the capacity as Administrator of the National Oceanic and Atmospheric Administration.
(3)
Indian tribe.— The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

SEC. 10103. Workforce Study.

(a)
In General.— Section 303(a) of the America COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended—
(1)
by striking “ Secretary of Commerce” and inserting “ Under Secretary of Commerce for Oceans and Atmosphere”;
(2)
in paragraph (2), by inserting “ , skillsets, or credentials” after “ degrees”;
(3)
in paragraph (3), by inserting “ or highly qualified technical professionals and tradespeople” after “ atmospheric scientists”;
(4)
in paragraph (4), by inserting “ , skillsets, or credentials” after “ degrees”;
(5)
in paragraph (5)—
(A)
by striking “ scientist”; and
(B)
by striking “ ; and” and inserting “ , observations, and monitoring;”
(6)
in paragraph (6), by striking “ into Federal” and all that follows and inserting “ , technical professionals, and tradespeople into Federal career positions;”
(7)
by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;
(8)
by inserting after paragraph (1) the following:

“(2) whether there is a shortage in the number of individuals with technical or trade-based degrees, skillsets, or credentials suited to a career in oceanic and atmospheric data collection, processing, satellite production, or satellite operations;”

; and

(9)
by adding at the end the following:

“(8) workforce diversity and actions the Federal Government can take to increase diversity in the scientific workforce; and

“(9) actions the Federal Government can take to shorten the hiring backlog for such workforce.”

(b)
Coordination.— Section 303(b) of such Act (33 U.S.C. 893c(b)) is amended by striking “ Secretary of Commerce” and inserting “ Under Secretary of Commerce for Oceans and Atmosphere”.
(c)
Report.— Section 303(c) of such Act (33 U.S.C. 893c(c)) is amended—
(1)
by striking “ the date of enactment of this Act” and inserting “ the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023”;
(2)
by striking “ Secretary of Commerce” and inserting “ Under Secretary of Commerce for Oceans and Atmosphere”; and
(3)
by striking “ to each committee” and all that follows through “ section 302 of this Act” and inserting “ to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives”.
(d)
Program and Plan.— Section 303(d) of such Act (33 U.S.C. 893c(d)) is amended—
(1)
by striking “ Administrator of the National Oceanic and Atmospheric Administration” and inserting “ Under Secretary of Commerce for Oceans and Atmosphere”; and
(2)
by striking “ academic partners” and all that follows and inserting “ academic partners.”.

SEC. 10104. Accelerating Innovation at Cooperative Institutes.

(a)
Focus on Emerging Technologies.— The Administrator shall consider evaluating the goals of 1 or more Cooperative Institutes of the Administration to include focusing on advancing or applying emerging technologies, which may include—
(1)
applied uses and development of real-time and other advanced genetic technologies and applications, including such technologies and applications that derive genetic material directly from environmental samples without any obvious signs of biological source material;
(2)
deployment of, and improvements to the durability, maintenance, and other lifecycle concerns of, advanced unmanned vehicles, regional small research vessels, and other research vessels that support and launch unmanned vehicles and sensors; and
(3)
supercomputing and big data management, including data collected through model outputs, electronic monitoring, and remote sensing.
(b)
Coordination With Other Programs.— The Cooperative Institutes shall work with the Interagency Ocean Observation Committee, the regional associations of the Integrated Ocean Observing System, and other ocean observing programs to coordinate technology needs and the transition of new technologies from research to operations.

SEC. 10105. Blue Economy Valuation.

(a)
Measurement of Industries.— The Administrator, in consultation with the heads of other relevant Federal agencies and subject to the availability of appropriations, shall establish a program to improve the collection, aggregation, and analysis of data to measure the value and impact of industries related to the Great Lakes, oceans, bays, estuaries, and coasts on the economy of the United States, including military uses, living resources, marine construction, marine transportation, offshore energy development and siting including for renewable energy, offshore mineral production, ship and boat building, tourism, recreation, subsistence, commercial, recreational, and charter fishing, seafood processing, and other fishery-related businesses, aquaculture such as kelp and shellfish, and other industries the Administrator determines appropriate.
(b)
Collaboration.— In carrying out subsection (a), the Administrator shall—
(1)
work with the Director of the Bureau of Economic Analysis and the heads of other relevant Federal agencies to develop a Coastal and Ocean Economy Satellite Account that includes national, Tribal, and State-level statistics to measure the contribution of the Great Lakes, oceans, bays, estuaries, and coasts to the overall economy of the United States; and
(2)
collaborate with national and international organizations and governments to promote consistency of methods, measurements, and definitions to ensure comparability of results between countries.
(c)
Report.— Not later than 2 years after the date of the enactment of this section, and not less frequently than every 2 years thereafter until the date that is 20 years after the date of the enactment of this section, the Administrator, in consultation with the heads of other relevant Federal agencies, shall publish a report that—
(1)
defines the Blue Economy in consultation with Indian Tribes and with input from academia, the private sector, nongovernmental organizations, and other relevant experts;
(2)
makes recommendations for updating North American Industry Classification System reporting codes to reflect the Blue Economy; and
(3)
provides a comprehensive estimate of the value and impact of the Blue Economy with respect to each State and territory of the United States, including—
(A)
the value and impact of—
(i)
economic activities that are dependent upon the resources of the Great Lakes, oceans, bays, estuaries, and coasts;
(ii)
the population and demographic characteristics of the population along the coasts;
(iii)
port and shoreline infrastructure;
(iv)
the volume and value of cargo shipped by sea or across the Great Lakes;
(v)
data collected from the Great Lakes, oceans, bays, estuaries, and coasts, including such data collected by businesses that purchase and commodify the data, including weather prediction and seasonal agricultural forecasting; and
(vi)
military uses; and
(B)
to the extent possible, the qualified value and impact of the natural capital of the Great Lakes, oceans, bays, estuaries, and coasts with respect to tourism, recreation, natural resources, and cultural heritage, including other indirect values.
(d)
Centralized Website for Resiliency Grants.—
(1)
In general.— Not later than 180 days after the date of the enactment of this section, the Administrator, in coordination with the heads of other relevant Federal agencies, shall create and regularly update a public website to improve education, outreach, and public information regarding grants and other public funding opportunities of the Administration related to resiliency.
(2)
Contents of website.— The website created under paragraph (1) shall include the following:
(A)
Hyperlinks, descriptions, deadlines, and resources to support applicants including technical assistance and other information as the Administrator determines appropriate relating to resilience grants administered by—
(i)
the Administration;
(ii)
other relevant Federal agencies; or
(iii)
foundations in coordination with the Administration.
(B)
Information described in subparagraph (A) that is specific to supporting Tribal Governments and Tribal Colleges and Universities, and, with respect to each such grant described in paragraph (1), the contact information for an individual of the Administration who can assist Tribal Governments and Tribal Colleges and Universities in applying for such grants.
(C)
Information described in subparagraph (A) that is specific to supporting Historically Black Colleges and Universities, and, with respect to each such grant described in paragraph (1), the contact information for an individual of the Administration who can assist Historically Black Colleges and Universities in applying for such grants.
(3)
Outreach.— The Administrator shall conduct outreach activities to inform State, Tribal, and local governments of resiliency, adaptation, and mitigation grants that are available to such governments.
(4)
Definitions.— In this section:
(A)
Historically black colleges and universities.— The term “Historically Black Colleges and Universities” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(B)
Tribal college or university.— The term “Tribal College or University” has the meaning given the term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).

SEC. 10106. No Additional Funds Authorized.

Funds to carry out this title may, as provided in advance in appropriations Acts, only come from within amounts authorized to be appropriated to the National Oceanic and Atmospheric Administration.

TITLE CII Regional Ocean Partnerships

SEC. 10201. Findings; Purposes.

(a)
Findings.— Congress makes the following findings:
(1)
The ocean and coastal waters and the Great Lakes of the United States are foundational to the economy, security, global competitiveness, and well-being of the United States and continuously serve the people of the United States and other countries as an important source of food, energy, economic productivity, recreation, beauty, and enjoyment.
(2)
Over many years, the resource productivity and water quality of the ocean, coastal, and Great Lakes areas of the United States have been diminished by pollution, increasing population demands, economic development, and natural and man-made hazard events, both acute and chronic.
(3)
The ocean, coastal, and Great Lakes areas of the United States are managed by State and Federal resource agencies and Indian Tribes and regulated on an interstate and regional scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance regional priorities, including the ecological and economic health of those areas.
(4)
Indian Tribes have unique expertise and knowledge important for the stewardship of the ocean and coastal waters and the Great Lakes of the United States.
(b)
Purposes.— The purposes of this title are as follows:
(1)
To complement and expand cooperative voluntary efforts intended to manage, conserve, and restore ocean, coastal, and Great Lakes areas spanning across multiple State and Indian Tribe jurisdictions.
(2)
To expand Federal support for monitoring, data management, restoration, research, and conservation activities in ocean, coastal, and Great Lakes areas.
(3)
To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, oceans, coastal, and Great Lakes ecosystems.
(4)
To authorize Regional Ocean Partnerships as intergovernmental coordinators for shared regional priorities among States and Indian Tribes relating to the collaborative management of the large marine ecosystems, thereby reducing duplication of efforts and maximizing opportunities to leverage support in the ocean and coastal regions.
(5)
To empower States to take a lead role in managing oceans, coastal, and Great Lakes areas.
(6)
To incorporate rights of Indian Tribes in the management of oceans, coasts, and Great Lakes resources and provide resources to support Indian Tribe participation in and engagement with Regional Ocean Partnerships.
(7)
To enable Regional Ocean Partnerships, or designated fiscal management entities of such partnerships, to receive Federal funding to conduct the scientific research, conservation, and restoration activities, and priority coordination on shared regional priorities necessary to achieve the purposes described in paragraphs (1) through (6).

SEC. 10202. Regional Ocean Partnerships.

(a)
Definitions.— In this section:
(1)
Administrator.— The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.
(2)
Coastal state.— The term “coastal State” has the meaning given the term “Coastal state” in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3)
Indian tribe.— The term “Indian Tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(4)
Regional ocean partnership.— The term “Regional Ocean Partnership” means a Regional Ocean Partnership designated under subsection (b).
(b)
Regional Ocean Partnerships.—
(1)
In general.— A coastal State or Indian Tribe may form a partnership with—
(A)
a coastal State that shares a common ocean or coastal area with the coastal State, without regard to whether the coastal States are contiguous; and
(B)
States—
(i)
that share a common ocean, coastal area, or watershed with the coastal State, without regard to whether the coastal States are contiguous; or
(ii)
that would contribute to the priorities of the partnership; and
(C)
Indian Tribes.
(2)
Requirements.— A partnership formed under paragraph (1) may apply for designation as a Regional Ocean Partnership in such time and manner as determined appropriate by the Secretary if the partnership—
(A)
is established to coordinate the management of ocean, coastal, and Great Lakes resources among the members of the partnership;
(B)
focuses on the environmental issues affecting the ocean, coastal, and Great Lakes areas of the members participating in the partnership;
(C)
complements existing coastal and ocean management efforts of States and Indian Tribes on an interstate scale, focusing on shared regional priorities;
(D)
does not have a regulatory function; and
(E)
is not duplicative of an existing Regional Ocean Partnership designated under paragraph (3), as determined by the Secretary.
(3)
Designation of certain entities as regional ocean partnerships.— The following entities are designated as Regional Ocean Partnerships:
(A)
The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas.
(B)
The Northeast Regional Ocean Council, comprised of the States of Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island.
(C)
The Mid-Atlantic Regional Council on the Ocean, comprised of the States of New York, New Jersey, Delaware, Maryland, and Virginia.
(D)
The West Coast Ocean Alliance, comprised of the States of California, Oregon, and Washington and the coastal Indian Tribes therein.
(4)
Great lakes.— A partnership established under this section for the purposes described in subsection (d) with respect to a Great Lake may be known as a “Regional Coastal Partnership” or a “Regional Great Lakes Partnership”.
(c)
Governing Bodies of Regional Ocean Partnerships.— A Regional Ocean Partnership shall have a governing body that—
(1)
shall be comprised, at a minimum, of voting members from each coastal state participating in the Regional Ocean Partnership, designated by the Governor of the coastal state; and
(2)
may include such other members as the partnership considers appropriate.
(d)
Functions.— A Regional Ocean Partnership may perform the following functions:
(1)
Promote coordination of the actions of the agencies of governments participating in the partnership with the actions of the appropriate officials of Federal agencies, State governments, and Indian Tribes in developing strategies—
(A)
to conserve living resources, increase valuable habitats, enhance coastal resilience and ocean management, promote ecological and economic health, and address such other issues related to the shared ocean, coastal, or Great Lakes areas as are determined to be a shared, regional priority by those states; and
(B)
to manage regional data portals and develop associated data products for purposes that support the priorities of the partnership.
(2)
In cooperation with appropriate Federal and State agencies, Indian Tribes, and local authorities, develop and implement specific action plans to carry out coordination goals.
(3)
Coordinate and implement priority plans and projects, and facilitate science, research, modeling, monitoring, data collection, and other activities that support the goals of the partnership through the provision of grants and contracts under subsection (f).
(4)
Engage, coordinate, and collaborate with relevant governmental entities and stakeholders to address ocean and coastal related matters that require interagency or intergovernmental solutions.
(5)
Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant.
(6)
Develop and make available, through publications, technical assistance, and other appropriate means, information pertaining to cross-jurisdictional issues being addressed through the coordinated activities of the partnership.
(7)
Serve as a liaison with, and provide information to, international counterparts, as appropriate on priority issues for the partnership.
(e)
Coordination, Consultation, and Engagement.—
(1)
In general.— A Regional Ocean Partnership shall maintain mechanisms for coordination, consultation, and engagement with the following:
(A)
The Federal Government.
(B)
Indian Tribes.
(C)
Nongovernmental entities, including academic organizations, nonprofit organizations, and private sector entities.
(D)
Other federally mandated regional entities, including the Regional Fishery Management Councils, the regional associations of the National Integrated Coastal and Ocean Observation System, and relevant Marine Fisheries Commissions.
(2)
Rule of construction.— Nothing in paragraph (1)(B) may be construed as affecting any requirement to consult with Indian Tribes under Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal Governments) or any other applicable law or policy.
(f)
Grants and Contracts.—
(1)
In general.— A Regional Ocean Partnership may, in coordination with existing Federal, State, and Tribal management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, subject to appropriations for such purpose, provide grants and enter into contracts for the purposes described in paragraph (2).
(2)
Purposes.— The purposes described in this paragraph include any of the following:
(A)
Monitoring the water quality and living resources of multistate ocean and coastal ecosystems and coastal communities.
(B)
Researching and addressing the effects of natural and human-induced environmental changes on—
(i)
ocean and coastal ecosystems; and
(ii)
coastal communities.
(C)
Developing and executing cooperative strategies that—
(i)
address regional data issues identified by the partnership; and
(ii)
will result in more effective management of common ocean and coastal areas.
(g)
Report Required.—
(1)
In general.— Not later than 5 years after the date of the enactment of this Act, the Administrator, in coordination with the Regional Ocean Partnerships, shall submit to Congress a report on the partnerships.
(2)
Report requirements.— The report required by paragraph (1) shall include the following:
(A)
An assessment of the overall status of the work of the Regional Ocean Partnerships.
(B)
An assessment of the effectiveness of the partnerships in supporting regional priorities relating to the management of common ocean, coastal, and Great Lakes areas.
(C)
An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies.
(D)
An assessment of how the efforts of the partnerships support or enhance Federal and State efforts consistent with the purposes of this title.
(E)
Such recommendations as the Administrator may have for improving—
(i)
efforts of the partnerships to support the purposes of this title; and
(ii)
collective strategies that support the purposes of this title in coordination with all relevant Federal and State entities and Indian Tribes.
(F)
The distribution of funds from each partnership for each fiscal year covered by the report.
(h)
Availability of Federal Funds.— In addition to amounts made available to the Regional Ocean Partnerships by the Administrator under this section, the head of any other Federal agency may provide grants to, enter into contracts with, or otherwise provide funding to such partnerships, subject to availability of appropriations for such purposes.
(i)
Authorities.— Nothing in this section establishes any new legal or regulatory authority of the National Oceanic and Atmospheric Administration or of the Regional Ocean Partnerships, other than—
(1)
the authority of the Administrator to provide amounts to the partnerships; and
(2)
the authority of the partnerships to provide grants and enter into contracts under subsection (f).
(j)
Authorizations.—
(1)
Regional ocean partnerships.— There are authorized to be appropriated to the Administrator the following amounts to be made available to the Regional Ocean Partnerships or designated fiscal management entities of such partnerships to carry out activities of such partnerships under this title:
(A)
$10,100,000 for fiscal year 2023.
(B)
$10,202,000 for fiscal year 2024.
(C)
$10,306,040 for fiscal year 2025.
(D)
$10,412,160 for fiscal year 2026.
(E)
$10,520,404 for fiscal year 2027.
(2)
Distribution of amounts.— Amounts made available under this subsection shall be divided evenly among the Regional Ocean Partnerships.
(3)
Tribal government participation.— There is authorized to be appropriated to the Administrator $1,000,000 for each of fiscal years 2023 through 2027 to be distributed to Indian Tribes for purposes of participation in or engagement with the Regional Ocean Partnerships.

TITLE CIII National Ocean Exploration

SEC. 10301. Findings.

Congress makes the following findings:
(1)
The health and resilience of the ocean are vital to the security and economy of the United States and to the lives of the people of the United States.
(2)
The United States depends on the ocean to regulate weather and climate, to sustain and protect the diversity of life, for maritime shipping, for national defense, and for food, energy, medicine, recreation, and other services essential to the people of the United States and all humankind.
(3)
The prosperity, security, and well-being of the United States depend on successful understanding and stewardship of the ocean.
(4)
Interdisciplinary cooperation and engagement among government agencies, research institutions, nongovernmental organizations, States, Indian Tribes, and the private sector are essential for successful stewardship of ocean and coastal environments, national economic growth, national security, and development of agile strategies that develop, promote, and use new technologies.
(5)
Ocean exploration can help the people of the United States understand how to be effective stewards of the ocean and serve as catalysts and enablers for other sectors of the economy.
(6)
Mapping, exploration, and characterization of the ocean provides basic, essential information to protect and restore the marine environment, stimulate economic activity, and provide security for the United States.
(7)
A robust national ocean exploration program engaging multiple Federal agencies, Indian Tribes, the private sector, nongovernmental organizations, and academia is—
(A)
essential to the interests of the United States and vital to its security and economy and the health and well-being of all people of the United States; and
(B)
critical to reestablish the United States at the forefront of global ocean exploration and stewardship.

SEC. 10302. Definitions.

In this title:
(1)
Characterization.— The term “characterization” means activities that provide comprehensive data and interpretations for a specific area of interest of the sea floor, sub-bottom, water column, or hydrologic features, including water masses and currents, in direct support of specific research, environmental protection, resource management, policymaking, or applied mission objectives.
(2)
Exploration.— The term “exploration” means activities that provide—
(A)
a multidisciplinary view of an unknown or poorly understood area of the seafloor, sub-bottom, or water column; and
(B)
an initial assessment of the physical, chemical, geological, biological, archeological, or other characteristics of such an area.
(3)
Indian tribe.— The term “Indian Tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(4)
Mapping.— The term “mapping” means activities that provide comprehensive data and information needed to understand seafloor characteristics, such as depth, topography, bottom type, sediment composition and distribution, underlying geologic structure, and benthic flora and fauna.

SEC. 10303. Ocean Policy Committee.

(a)
Subcommittees.— Section 8932(c) of title 10, United States Code, is amended to read as follows:

“(c) Subcommittees.—

(1) The Committee shall include—

“(A) a subcommittee to be known as the ‘Ocean Science and Technology Subcommittee’; and

“(B) a subcommittee to be known as the ‘Ocean Resource Management Subcommittee’.

“(2) In discharging its responsibilities in support of agreed-upon scientific needs, and to assist in the execution of the responsibilities described in subsection (b), the Committee may delegate responsibilities to the Ocean Science and Technology Subcommittee, the Ocean Resource Management Subcommittee, or another subcommittee of the Committee, as the Committee determines appropriate.”

(b)
Increased Access to Geospatial Data for More Efficient and Informed Decisionmaking.—
(1)
Establishment of document system.— Section 8932(b) of title 10, United States Code, is amended—
(A)
in paragraph (3), by striking “ and” at the end;
(B)
in paragraph (4)(F), by striking the period at the end and inserting “ ; and”; and
(C)
by adding at the end the following new paragraph:

“(5) for projects under the purview of the Committee, establish or designate one or more systems for ocean-related and ocean-mapping-related documents prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in accordance with subsection (h).”

(2)
Elements.— Section 8932 of such title is amended—
(A)
by redesignating subsection (h) as subsection (i); and
(B)
by inserting after subsection (g) the following new subsection (h):

“(h) Elements of Document System.—The systems established or designated under subsection (b)(5) may include the following:

“(1) A publicly accessible, centralized digital archive of documents described in subsection (b)(5) that are finalized after the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, including—

“(A) environmental impact statements;

“(B) environmental assessments;

“(C) records of decision; and

“(D) other relevant documents as determined by the lead agency on a project.

“(2) Geospatially referenced data, if any, contained in the documents under paragraph (1).

“(3) A mechanism to retrieve information through geo-information tools that can map and integrate relevant geospatial information, such as—

“(A) Ocean Report Tools;

“(B) the Environmental Studies Program Information System;

“(C) Regional Ocean Partnerships; and

“(D) the Integrated Ocean Observing System.

“(4) Appropriate safeguards on the public accessibility of data to protect national security equities.”

SEC. 10304. National Ocean Mapping, Exploration, and Characterization Council.

(a)
Establishment.— The President shall establish a council, to be known as the “National Ocean Mapping, Exploration, and Characterization Council” (in this section referred to as the “Council”).
(b)
Purpose.— The Council shall—
(1)
update national priorities for ocean mapping, exploration, and characterization; and
(2)
coordinate and facilitate activities to advance those priorities.
(c)
Reporting.— The Council shall report to the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10, United States Code.
(d)
Membership.— The Council shall be composed of senior-level representatives from the appropriate Federal agencies.
(e)
Co-Chairs.— The Council shall be co-chaired by—
(1)
two senior-level representatives from the National Oceanic and Atmospheric Administration; and
(2)
one senior-level representative from the Department of the Interior.
(f)
Duties.— The Council shall—
(1)
set national ocean mapping, exploration, and characterization priorities and strategies;
(2)
cultivate and facilitate transparent and sustained partnerships among Federal and State agencies, Indian Tribes, private industry, academia, and nongovernmental organizations to conduct ocean mapping, exploration, and characterization activities and related technology development;
(3)
coordinate improved processes for data compilation, management, access, synthesis, and visualization with respect to ocean mapping, exploration, and characterization, with a focus on building on existing ocean data management systems and with appropriate safeguards on the public accessibility of data to protect national security equities, as appropriate;
(4)
encourage education, workforce training, and public engagement activities that—
(A)
advance interdisciplinary principles that contribute to ocean mapping, exploration, research, and characterization;
(B)
improve public engagement with and understanding of ocean science; and
(C)
provide opportunities for underserved populations;
(5)
coordinate activities as appropriate with domestic and international ocean mapping, exploration, and characterization initiatives or programs; and
(6)
establish and monitor metrics to track progress in achieving the priorities set under paragraph (1).
(g)
Interagency Working Group on Ocean Exploration and Characterization.—
(1)
Establishment.— The President shall establish a new interagency working group to be known as the “Interagency Working Group on Ocean Exploration and Characterization”.
(2)
Membership.— The Interagency Working Group on Ocean Exploration and Characterization shall be comprised of senior representatives from Federal agencies with ocean exploration and characterization responsibilities.
(3)
Functions.— The Interagency Working Group on Ocean Exploration and Characterization shall support the Council and the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10, United States Code, on ocean exploration and characterization activities and associated technology development across the Federal Government, State governments, Indian Tribes, private industry, nongovernmental organizations, and academia.
(h)
Oversight.— The Council shall oversee—
(1)
the Interagency Working Group on Ocean Exploration and Characterization established under subsection (g)(1); and
(2)
the Interagency Working Group on Ocean and Coastal Mapping under section 12203 of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3502).
(i)
Plan.—
(1)
In general.— Not later than 1 year after the date of the enactment of this Act, the Council shall develop or update and submit to the appropriate committees of Congress a plan for an integrated cross-sectoral ocean mapping, exploration, and characterization initiative.
(2)
Elements.— The plan required by paragraph (1) shall—
(A)
discuss the utility and benefits of ocean exploration and characterization;
(B)
identify and describe national ocean mapping, exploration, and characterization priorities;
(C)
identify and describe Federal and federally funded ocean mapping, exploration, and characterization programs;
(D)
facilitate and incorporate non-Federal input into national ocean mapping, exploration, and characterization priorities;
(E)
ensure effective coordination of ocean mapping, exploration, and characterization activities among programs described in subparagraph (C);
(F)
identify opportunities for combining overlapping or complementary needs, activities, and resources of Federal agencies and non-Federal organizations relating to ocean mapping, exploration, and characterization while not reducing benefits from existing mapping, explorations, and characterization activities;
(G)
promote new and existing partnerships among Federal and State agencies, Indian Tribes, private industry, academia, and nongovernmental organizations to conduct or support ocean mapping, exploration, and characterization activities and technology development needs, including through coordination under section 3 of the Commercial Engagement Through Ocean Technology Act of 2018 (33 U.S.C. 4102) and the National Oceanographic Partnership Program under section 8931 of title 10, United States Code;
(H)
develop a transparent and sustained mechanism for non-Federal partnerships and stakeholder engagement in strategic planning and mission execution to be implemented not later than December 31, 2023, for coordinating such activities with—
(i)
institutions of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), the private sector, philanthropic organizations, and nonprofits; and
(ii)
international partners for activities relating to maritime areas (including the sea floor) beyond the jurisdiction of the Federal Government;
(I)
establish standardized collection and data management protocols, including with respect to metadata, for ocean mapping, exploration, and characterization which—
(i)
are publicly accessible and locatable via appropriate Federal repositories;
(ii)
can facilitate the integration of ocean data into products and use innovations from non-Federal partners; and
(iii)
have appropriate safeguards on the public accessibility of data to protect national security;
(J)
encourage the development, testing, demonstration, and adoption of innovative ocean mapping, exploration, and characterization technologies and applications;
(K)
promote protocols for accepting data, equipment, approaches, or other resources that support national ocean mapping, exploration, and characterization priorities;
(L)
identify best practices for the protection of marine life during mapping, exploration, and characterization activities;
(M)
identify training, technology, and other resource requirements for enabling the National Oceanic and Atmospheric Administration and other appropriate Federal agencies to support a coordinated national ocean mapping, exploration, and characterization effort;
(N)
identify and facilitate a centralized mechanism or office for coordinating data collection, compilation, processing, archiving, and dissemination activities relating to ocean mapping, exploration, and characterization that meets Federal mandates for data accuracy and accessibility;
(O)
designate repositories responsible for archiving and managing ocean mapping, exploration, and characterization data;
(P)
set forth a timetable and estimated costs for implementation and completion of the plan;
(Q)
to the extent practicable, align ocean exploration and characterization efforts with existing programs and identify key gaps; and
(R)
identify criteria for determining the optimal frequency of observations; and
(S)
provide recommendations, developed in coordination with the private sector, to improve incentives, access, and processes for the private sector to share ocean-related data with the public and Federal Government.
(j)
Briefings.— Not later than 1 year after the date of the enactment of this Act, and not less frequently than once every 2 years thereafter, the Council shall brief the appropriate committees of Congress on—
(1)
progress made toward meeting the national priorities described in subsection (i)(2)(B); and
(2)
recommendations for meeting such priorities, such as additional authorities that may be needed to develop a mechanism for non-Federal partnerships and stakeholder engagement described in subsection (i)(2)(H).
(k)
Appropriate Committees of Congress Defined.— In this section, the term “appropriate committees of Congress” means—
(1)
the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and
(2)
the Committee on Natural Resources, the Committee on Science, Space, and Technology, and the Committee on Armed Services of the House of Representatives.

SEC. 10305. Modifications to the Ocean Exploration Program of the National Oceanic and Atmospheric Administration.

(a)
Purpose.— Section 12001 of the Omnibus Public Land Management Act of 2009 (33 U.S.C. 3401) is amended by striking “ and the national undersea research program”.
(b)
Program Established.— Section 12002 of such Act (33 U.S.C. 3402) is amended—
(1)
in the first sentence, by striking “ and undersea”; and
(2)
in the second sentence, by striking “ and undersea research and exploration” and inserting “ research and ocean exploration and characterization efforts”.
(c)
Powers and Duties of the Administrator.—
(1)
In general.— Section 12003(a) of such Act (33 U.S.C. 3403(a)) is amended—
(A)
in the matter preceding paragraph (1), by inserting “ , in consultation with the Ocean Policy Committee established under section 8932 of title 10, United States Code,” after “ Administration”;
(B)
in paragraph (1)—
(i)
by striking “ voyages” and inserting “ expeditions”;
(ii)
by striking “ Federal agencies” and all that follows through “ and survey” and inserting “ Federal and State agencies, Tribal Governments, private industry, academia (including secondary schools, community colleges, and universities), and nongovernmental organizations, to map, explore, and characterize”; and
(iii)
by inserting “ characterize,” after “ observe,”;
(C)
in paragraph (2), by inserting “ of the exclusive economic zone” after “ deep ocean regions”;
(D)
in paragraph (3), by striking “ voyages” and inserting “ expeditions”;
(E)
in paragraph (4), by striking “ , in consultation with the National Science Foundation,”;
(F)
by amending paragraph (5) to read as follows:

“(5) support technological innovation of the United States marine science community by promoting the development and use of new and emerging technologies for research, communication, navigation, and data collection, such as sensors and autonomous vehicles;”

(G)
in paragraph (6), by inserting “ , in consultation with the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023,” after “ forum”;
(H)
by adding at the end the following:

“(7) provide guidance, in consultation with the National Ocean Mapping, Exploration, and Characterization Council, to Federal and State agencies, Tribal Governments, private industry, academia (including secondary schools, community colleges, and universities), and nongovernmental organizations on data standards, protocols for accepting data, and coordination of data collection, compilation, processing, archiving, and dissemination for data relating to ocean exploration and characterization; and

“(8) coordinate with applicable ocean mapping, ocean monitoring, and ocean observation programs to maximize coordination and collaboration opportunities, prevent duplication of such activities and identify gaps in data.”

(2)
Donations.— Section 12003(b) of such Act (33 U.S.C. 3403(b)) is amended to read as follows:

“(b) Donations.—For the purpose of mapping, exploring, and characterizing the oceans or increasing the knowledge of the oceans, the Administrator may—

“(1) accept monetary donations, which shall be credited as discretionary offsetting collections to the currently applicable appropriation, account, or fund of the National Oceanic and Atmospheric Administration and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts;

“(2) accept donations of property, data, and equipment; and

“(3) pay all necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest.”

(3)
Definition of exclusive economic zone.— Section 12003 of such Act (33 U.S.C. 3403) is amended by adding at the end the following:

“(c) Definition of Exclusive Economic Zone.—In this section, the term ‘exclusive economic zone’ means the zone established by Presidential Proclamation Number 5030, dated March 10, 1983 (16 U.S.C. 1453 note).”

(d)
Repeal of Ocean Exploration and Undersea Research Technology and Infrastructure Task Force.— Section 12004 of such Act (33 U.S.C. 3404) is repealed.
(e)
Education, Workforce Training, and Outreach.—
(1)
In general.— Such Act is further amended by inserting after section 12003 the following new section 12004:

“SEC. 12004. EDUCATION, WORKFORCE TRAINING, AND OUTREACH.

“(a) In General.—The Administrator of the National Oceanic and Atmospheric Administration shall—

“(1) conduct education and outreach efforts in order to broadly disseminate information to the public on the discoveries made by the program under section 12002;

“(2) to the extent possible, coordinate the efforts described in paragraph (1) with the outreach strategies of other domestic or international ocean mapping, exploration, and characterization initiatives; and

“(3) establish a fellowship program at the National Oceanic and Atmospheric Administration to provide year-long fellowships to undergraduate students from institutions described in section 371(a) of the Higher Education Act of 1965.

“(b) Education and Outreach Efforts.—Efforts described in subsection (a)(1) may include—

“(1) education of the general public, teachers, students, and ocean and coastal resource managers; and

“(2) workforce training, reskilling, and opportunities to encourage development of ocean-related science, technology, engineering, and mathematics technical training programs involving secondary schools, community colleges, and universities, including institutions described in section 371(a) of the Higher Education Act of 1965.

“(c) Outreach Strategy.—Not later than 180 days after the date of the enactment of the National Ocean Exploration Act, the Administrator of the National Oceanic and Atmospheric Administration shall develop an outreach strategy to broadly disseminate information on the discoveries made by the program under section 12002.”

(2)
Clerical amendment.— The table of contents in section 1(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991) is amended by striking the item relating to section 12004 and inserting the following:

“Sec. 12004. Education, workforce training, and outreach.”.

(f)
Ocean Exploration Advisory Board.—
(1)
Establishment.— Section 12005(a) of such Act (33 U.S.C. 3505(a)) is amended—
(A)
by inserting “ , including representatives from academic, commercial, nonprofit, philanthropic, policy, and Tribal entities” after “ relevant fields”;
(B)
by amending paragraph (1) to read as follows:

“(1) to advise the Administrator on priority areas for survey, discovery, and opportunities for extramural collaboration and partnerships;”

(C)
by redesignating paragraph (4) as paragraph (6); and
(D)
by inserting after paragraph (3) the following:

“(4) to identify market barriers to development or commercialization of novel ocean mapping, exploration, and characterization products, processes, and tools;

“(5) to identify best practices to improve data management, processing, storage, and archiving standards; and”

(2)
Technical amendment.— Section 12005(c) of such Act (33 U.S.C. 3505(c)) is amended by inserting “ this” before “ part”.
(g)
Authorization of Appropriations.— Section 12006 of such Act (33 U.S.C. 3406) is amended by striking “ this part” and all that follows and inserting “ this part $60,000,000 for each of fiscal years 2023 through 2028”.
(h)
Definitions.— Such Act is further amended by inserting after section 12006 the following:

“SEC. 12007. DEFINITIONS.

“In this part:

“(1) Characterization.—The terms ‘characterization’, ‘characterize’, and ‘characterizing’ mean activities that provide comprehensive data and interpretations for a specific area of interest of the sea floor, sub-bottom, water column, or hydrologic features, such as water masses and currents, in direct support of specific research, environmental protection, resource management, policymaking, or applied mission objectives.

“(2) Exploration.—The term ‘exploration’, ‘explore’, and ‘exploring’ means activities that provide—

“(A) a multidisciplinary view of an unknown or poorly understood area of the sea floor, sub-bottom, or water column; and

“(B) an initial assessment of the physical, chemical, geological, biological, archaeological, or other characteristics of such an area.

“(3) Mapping.—The terms ‘map’ and ‘mapping’ mean activities that provide comprehensive data and information needed to understand sea floor characteristics, including depth, topography, bottom type, sediment composition and distribution, underlying geologic structure, and benthic flora and fauna.”

(i)
Clerical Amendment.— The table of contents in section 1(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991) is amended by inserting after the item relating to section 12006 the following:

“Sec. 12007. Definitions.”.

SEC. 10306. Repeal.

(a)
In General.— The NOAA Undersea Research Program Act of 2009 (part II of subtitle A of title XII of Public Law 111–11; 33 U.S.C. 3421 et seq.) is repealed.
(b)
Clerical Amendment.— The table of contents in section 1(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991) is amended by striking the items relating to part II of subtitle A of title XII of such Act.

SEC. 10307. Modifications to Ocean and Coastal Mapping Program of the National Oceanic and Atmospheric Administration.

(a)
Establishment of Program.—
(1)
In general.— Section 12202(a) of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501(a)) is amended—
(A)
by striking “ establish a program to develop a coordinated and” and inserting “ establish and maintain a program to coordinate”;
(B)
by striking “ plan” and inserting “ efforts”; and
(C)
by striking “ that enhances” and all that follows and inserting

“(1) enhances ecosystem approaches in decisionmaking for natural resource and habitat management restoration and conservation, emergency response, and coastal resilience and adaptation;

“(2) establishes research and mapping priorities;

“(3) supports the siting of research and other platforms; and

“(4) advances ocean and coastal science.”

(2)
Membership.— Section 12202 of such Act (33 U.S.C. 3501) is amended by striking subsection (b) and redesignating subsection (c) as subsection (b).
(3)
Program parameters.— Subsection (b) of section 12202 of such Act (33 U.S.C. 3501), as redesignated by paragraph (2), is amended—
(A)
in the matter preceding paragraph (1), by striking “ developing” and inserting “ maintaining”;
(B)
in paragraph (2), by inserting “ and for leveraging existing Federal geospatial services capacities and contract vehicles for efficiencies” after “ coastal mapping”;
(C)
in paragraph (7), by striking “ with coastal state and local government programs” and inserting “ with mapping programs, in conjunction with Federal and State agencies, Tribal governments, private industry, academia, and nongovernmental organizations”;
(D)
in paragraph (8), by striking “ of real-time tide data and the development” and inserting “ of tide data and water-level data and the development and dissemination”;
(E)
in paragraph (9), by striking “ ; and” and inserting a semicolon;
(F)
in paragraph (10), by striking the period at the end and inserting “ ; and”; and
(G)
by adding at the end the following:

“(11) support—

“(A) the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10, United States Code; and

“(B) the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 of the National Ocean Exploration Act.”

(b)
Interagency Working Group on Ocean and Coastal Mapping.—
(1)
Name change.— The Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.) is amended—
(A)
in section 12202 (33 U.S.C. 3501)—
(i)
in subsection (a), by striking “ Interagency Committee on Ocean and Coastal Mapping” and inserting “ Interagency Working Group on Ocean and Coastal Mapping under section 12203”; and
(ii)
in subsection (b), as redesignated by subsection (a)(2), by striking “ Committee” and inserting “ Working Group”;
(B)
in section 12203 (33 U.S.C. 3502)—
(i)
in the section heading, by striking “ committee” and inserting “ working group”;
(ii)
in subsection (b), in the first sentence, by striking “ committee” and inserting “ Working Group”;
(iii)
in subsection (e), by striking “ committee” and inserting “ Working Group”; and
(iv)
in subsection (f), by striking “ committee” and inserting “ Working Group”; and
(C)
in section 12208 (33 U.S.C. 3507), by amending paragraph (3) to read as follows:

“(3) Working group.—The term ‘Working Group’ means the Interagency Working Group on Ocean and Coastal Mapping under section 12203.”

(2)
In general.— Section 12203(a) of such Act (33 U.S.C. 3502(a)) is amended by striking “ within 30 days” and all that follows and inserting “ not later than 30 days after the date of the enactment of the National Ocean Exploration Act, shall use the Interagency Working Group on Ocean and Coastal Mapping in existence as of the date of the enactment of such Act to implement section 12202.”.
(3)
Membership.— Section 12203(b) of such Act (33 U.S.C. 3502(b)) is amended—
(A)
by striking “ senior” both places it appears and inserting “ senior-level”;
(B)
by striking the second sentence;
(C)
by striking “ the Minerals Management Service” and inserting “ the Bureau of Ocean Energy Management of the Department of the Interior, the Office of the Assistant Secretary, Fish and Wildlife and Parks of the Department of the Interior”; and
(D)
by striking “ the Chief of Naval Operations” and inserting “ the Department of the Navy”.
(4)
Co-chairs.— Section 12203(c) of such Act (33 U.S.C. 3502(c)) is amended to read as follows:

“(c) Co-Chairs.—The Working Group shall be co-chaired by one representative from each of the following:

“(1) The National Oceanic and Atmospheric Administration.

“(2) The Department of the Interior.”

(5)
Subordinate groups.— Section 12203(d) of such Act (33 U.S.C. 3502(d)) is amended to read as follows:

“(d) Subordinate Groups.—The co-chairs may establish such permanent or temporary subordinate groups as determined appropriate by the Working Group.”

(6)
Meetings.— Section 12203(e) of such Act (33 U.S.C. 3502(e)) is amended by striking “ each subcommittee and each working group” and inserting “ each subordinate group”.
(7)
Coordination.— Section 12203(f) of such Act (33 U.S.C. 3502(f)) is amended by striking paragraphs (1) through (5) and inserting the following:

“(1) other Federal efforts;

“(2) international mapping activities;

“(3) coastal States;

“(4) coastal Indian Tribes;

“(5) data acquisition and user groups through workshops, partnerships, and other appropriate mechanisms; and

“(6) representatives of nongovernmental entities.”

(8)
Advisory panel.— Section 12203 of such Act (33 U.S.C. 3502) is amended by striking subsection (g).
(9)
Functions.— Section 12203 of such Act (33 U.S.C. 3502), as amended by paragraph (8), is further amended by adding at the end the following:

“(g) Support Functions.—The Working Group shall support the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 of the National Ocean Exploration Act and the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10, United States Code, on ocean mapping activities and associated technology development across the Federal Government, State governments, coastal Indian Tribes, private industry, nongovernmental organizations, and academia.”

(10)
Clerical amendment.— The table of contents in section 1(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991) is amended by striking the item relating to section 12203 and inserting the following:

“Sec. 12203. Interagency working group on ocean and coastal mapping.”.

(c)
Biennial Reports.— Section 12204 of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3503) is amended—
(1)
in the matter preceding paragraph (1), by striking “ No later” and all that follows through “ House of Representatives” and inserting “ Not later than 18 months after the date of the enactment of the National Ocean Exploration Act, and biennially thereafter until 2040, the co-chairs of the Working Group, in coordination with the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 of such Act, shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives,”;
(2)
in paragraph (1), by inserting “ , including the data maintained by the National Centers for Environmental Information of the National Oceanic and Atmospheric Administration,” after “ mapping data”;
(3)
in paragraph (3), by inserting “ , including a plan to map the coasts of the United States on a requirements-based cycle, with mapping agencies and partners coordinating on a unified approach that factors in recent related studies, meets multiple user requirements, and identifies gaps” after “ accomplished”;
(4)
by striking paragraph (10) and redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively;
(5)
in paragraph (10), as so redesignated, by striking “ with coastal State and local government programs” and inserting “ with international, coastal State, and local government and nongovernmental mapping programs”;
(6)
in paragraph (11), as redesignated by paragraph (4)—
(A)
by striking “ increase” and inserting “ streamline and expand”;
(B)
by inserting “ for the purpose of fulfilling Federal mapping and charting responsibilities, plans, and strategies” after “ entities”; and
(C)
by striking “ ; and” and inserting a semicolon;
(7)
in paragraph (12), as redesignated by paragraph (4), by striking the period at the end and inserting a semicolon; and
(8)
by adding at the end the following:

“(13) a progress report on the development of new and innovative technologies and applications through research and development, including cooperative or other agreements with joint or cooperative research institutes and centers and other nongovernmental entities;

“(14) a description of best practices in data processing and distribution and leveraging opportunities among agencies represented on the Working Group and with coastal States, coastal Indian Tribes, and nongovernmental entities;

“(15) an identification of any training, technology, or other requirements for enabling Federal mapping programs, vessels, and aircraft to support a coordinated ocean and coastal mapping program; and

“(16) a timetable for implementation and completion of the plan described in paragraph (3), including recommendations for integrating new approaches into the program.”

(d)
NOAA Joint Ocean and Coastal Mapping Centers.—
(1)
Centers.— Section 12205(c) of such Act (33 U.S.C. 3504(c)) is amended—
(A)
in the matter preceding paragraph (1), by striking “ 3” and inserting “ three”; and
(B)
in paragraph (4), by inserting “ and uncrewed” after “ sensing”.
(2)
Plan.— Section 12205 of such Act (33 U.S.C. 3504) is amended—
(A)
in the section heading, by striking “ plan” and inserting “ noaa joint ocean and coastal mapping centers”;
(B)
by striking subsections (a), (b), and (d); and
(C)
in subsection (c), by striking “ (c) NOAA Joint Ocean and Coastal Mapping Centers.—”.
(3)
Clerical amendment.— The table of contents in section 1(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991) is amended by striking the item relating to section 12205 and inserting the following:

“Sec. 12205. NOAA joint ocean and coastal mapping centers.”.

(e)
Ocean and Coastal Mapping Federal Funding Opportunity.— The Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.) is amended—
(1)
by redesignating sections 12206, 12207, and 12208 as sections 12208, 12209, and 12210, respectively; and
(2)
by inserting after section 12205 the following:

“SEC. 12206. OCEAN AND COASTAL MAPPING FEDERAL FUNDING OPPORTUNITY.

“(a) In General.—Not later than one year after the date of the enactment of the National Ocean Exploration Act, the Administrator shall develop an integrated ocean and coastal mapping Federal funding match opportunity, to be known as the ‘Brennan Ocean Mapping Fund’ in memory of Rear Admiral Richard T. Brennan, within the National Oceanic and Atmospheric Administration with Federal, State, Tribal, local, nonprofit, private industry, or academic partners in order to increase the coordinated acquisition, processing, stewardship, and archival of new ocean and coastal mapping data in United States waters.

“(b) Rules.—The Administrator shall develop administrative and procedural rules for the ocean and coastal mapping Federal funding match opportunity developed under subsection (a), to include—

“(1) specific and detailed criteria that must be addressed by an applicant, such as geographic overlap with preestablished priorities, number and type of project partners, benefit to the applicant, coordination with other funding opportunities, and benefit to the public;

“(2) determination of the appropriate funding match amounts and mechanisms to use, such as grants, agreements, or contracts; and

“(3) other funding award criteria as are necessary or appropriate to ensure that evaluations of proposals and decisions to award funding under this section are based on objective standards applied fairly and equitably to those proposals.

“(c) Geospatial Services and Contract Vehicles.—The ocean and coastal mapping Federal funding match opportunity developed under subsection (a) shall leverage Federal expertise and capacities for geospatial services and Federal geospatial contract vehicles using the private sector for acquisition efficiencies.

“SEC. 12207. AGREEMENTS AND FINANCIAL ASSISTANCE.

“(a) Agreements.—Subject to the availability of appropriations for such purpose, the head of a Federal agency that is represented on the Interagency Committee on Ocean and Coastal Mapping may enter into agreements with any other agency that is so represented to provide, on a reimbursable or nonreimbursable basis, facilities, equipment, services, personnel, and other support services to carry out the purposes of this subtitle.

“(b) Financial Assistance.—The Administrator may make financial assistance awards (grants of cooperative agreements) to any State or subdivision thereof or any public or private organization or individual to carry out the purposes of this subtitle.”

(f)
Authorization of Appropriations.— Section 12209 of such Act, as redesignated by subsection (e)(1), is amended—
(1)
in subsection (a), by striking “ this subtitle” and all that follows and inserting “ this subtitle $45,000,000 for each of fiscal years 2023 through 2028.”;
(2)
in subsection (b), by striking “ this subtitle” and all that follows and inserting “ this subtitle $15,000,000 for each of fiscal years 2023 through 2028.”;
(3)
by striking subsection (c); and
(4)
by inserting after subsection (b) the following:

“(c) Ocean and Coastal Mapping Federal Funding Opportunity.—Of amounts authorized pursuant to subsection (a), $20,000,000 is authorized to carry out section 12206.”

(g)
Definitions.—
(1)
Ocean and coastal mapping.— Paragraph (5) of section 12210 of such Act, as redesignated by subsection (e)(1), is amended by striking “ processing, and management” and inserting “ processing, management, maintenance, interpretation, certification, and dissemination”.
(2)
Coastal indian tribe.— Section 12210 of such Act, as redesignated by subsection (e)(1), is amended by adding at the end the following:

“(9) Coastal indian tribe.—The term ‘coastal Indian Tribe’ means an ‘Indian Tribe’, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), the land of which is located in a coastal State.”

(h)
Clerical Amendments.— The table of contents in section 1(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991) is amended by striking the items relating to sections 12206 through 12208 and inserting the following:

“Sec. 12206. Ocean and coastal mapping Federal funding opportunity.

“Sec. 12207. Cooperative agreements, contracts, and grants.

“Sec. 12208. Effect on other laws.

“Sec. 12209. Authorization of appropriations.

“Sec. 12210. Definitions.”.

SEC. 10308. Modifications to Hydrographic Services Improvement Act of 1998.

(a)
Definitions.— Section 302(4)(A) of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892(4)(A)) is amended by inserting “ hydrodynamic forecast and datum transformation models,” after “ nautical information databases,”.
(b)
Functions of the Administrator.— Section 303(b) of such Act (33 U.S.C. 892a(b)) is amended—
(1)
in the matter preceding paragraph (1), by inserting “ precision navigation,” after “ promote”; and
(2)
in paragraph (2)—
(A)
by inserting “ and hydrodynamic forecast models” after “ monitoring systems”;
(B)
by inserting “ and provide foundational information and services required to support coastal resilience planning for coastal transportation and other infrastructure, coastal protection and restoration projects, and related activities” after “ efficiency”; and
(C)
by striking “ ; and” and inserting a semicolon.
(c)
Quality Assurance Program.— Section 304(a) of such Act (33 U.S.C. 892b(a)) is amended by striking “ product produced” and inserting “ product or service produced or disseminated”.
(d)
Authorization of Appropriations.— Section 306(a) of such Act (33 U.S.C. 892d(a)) is amended—
(1)
in paragraph (1), by striking “ $70,814,000 for each of fiscal years 2019 through 2023” and inserting “ $71,000,000 for each of fiscal years 2023 through 2028”;
(2)
in paragraph (2), by striking “ $25,000,000 for each of fiscal years 2019 through 2023” and inserting “ $34,000,000 for each of fiscal years 2023 through 2028”;
(3)
in paragraph (3), by striking “ $29,932,000 for each of fiscal years 2019 through 2023” and inserting “ $38,000,000 for each of fiscal years 2023 through 2028”;
(4)
in paragraph (4), by striking “ $26,800,000 for each of fiscal years 2019 through 2023” and inserting “ $45,000,000 for each of fiscal years 2023 through 2028”; and
(5)
in paragraph (5), by striking “ $30,564,000 for each of fiscal years 2019 through 2023” and inserting “ $35,000,000 for each of fiscal years 2023 through 2028”.

TITLE CIV Marine Mammal Research and Response

SEC. 10401. Data Collection and Dissemination.

Section 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)(A), by inserting “ or entangled” after “ stranded”;
(B)
in paragraph (3)—
(i)
by striking “ strandings,” and inserting “ strandings and entanglements, including unusual mortality events,”;
(ii)
by inserting “ stranding” before “ region”; and
(iii)
by striking “ marine mammals; and” and inserting “ marine mammals and entangled marine mammals to allow comparison of the causes of illness and deaths in stranded marine mammals and entangled marine mammals with physical, chemical, and biological environmental parameters; and”; and
(C)
in paragraph (4), by striking “ analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters.” and inserting “ analyses.”; and
(2)
by striking subsection (c) and inserting the following:

“(c) Information Required To Be Submitted and Collected.—

“(1) In general.—After each response to a stranding or entanglement event, the Secretary shall collect (including from any staff of the National Oceanic and Atmospheric Administration that respond directly to such an event), and shall require each stranding network participant who responds to that stranding or entanglement to submit to the Administrator of the National Oceanic and Atmospheric Administration or the Director of the United States Fish and Wildlife Service—

“(A) data on the stranding event, including NOAA Form 89–864 (OMB #0648–0178), NOAA Form 89–878 (OMB #0648–0178), similar successor forms, or similar information in an appropriate format required by the United States Fish and Wildlife Service for species under its management authority;

“(B) supplemental data to the data described in subparagraph (A), which may include, as available, relevant information about—

“(i) weather and tide conditions;

“(ii) offshore human, predator, or prey activity;

“(iii) morphometrics;

“(iv) behavior;

“(v) health assessments;

“(vi) life history samples; or

“(vii) stomach and intestinal contents; and

“(C) data and results from laboratory analysis of tissues, which may include, as appropriate and available—

“(i) histopathology;

“(ii) toxicology;

“(iii) microbiology;

“(iv) virology; or

“(v) parasitology.

“(2) Timeline.—A stranding network participant shall submit—

“(A) the data described in paragraph (1)(A) not later than 30 days after the date of a response to a stranding or entanglement event;

“(B) the compiled data described in paragraph (1)(B) not later than 30 days after the date on which the data is available to the stranding network participant; and

“(C) the compiled data described in paragraph (1)(C) not later than 30 days after the date on which the laboratory analysis has been reported to the stranding network participant.

“(3) Online data input system.—The Secretary, acting through the Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the stranding network and the Office of Evaluation Sciences of the General Services Administration, shall establish an online system for the purposes of efficient and timely submission of data described in paragraph (1).

“(d) Availability of Data.—

“(1) In general.—The Secretary shall develop a program to make information, including any data and metadata collected under paragraph (3) or (4) of subsection (b) or subsection (c), available to researchers, stranding network participants, and the public—

“(A) to improve real-time coordination of response to stranding and entanglement events across geographic areas and between stranding coordinators;

“(B) to identify and quickly disseminate information on potential public health risks;

“(C) to facilitate integrated interdisciplinary research;

“(D) to facilitate peer-reviewed publications;

“(E) to archive regional data into 1 national database for future analyses; and

“(F) for education and outreach activities.

“(2) Access to data.—The Secretary shall ensure that any data or metadata collected under subsection (c)—

“(A) by staff of the National Oceanic and Atmospheric Administration or the United States Fish and Wildlife Service that responded directly to a stranding or entanglement event is available to the public through the Health MAP and the Observation System not later than 30 days after that data or metadata is collected by, available to, or reported to the Secretary; and

“(B) by a stranding network participant that responded directly to a stranding or entanglement event is made available to the public through the Health MAP and the Observation System 2 years after the date on which that data are submitted to the Secretary under subsection (c).

“(3) Exceptions.—

“(A) Written release.—Notwithstanding paragraph (2)(B), the Secretary may make data described in paragraph (2)(B) publicly available earlier than 2 years after the date on which that data are submitted to the Secretary under subsection (c), if the stranding network participant has completed a written release stating that such data may be made publicly available.

“(B) Law enforcement.—Notwithstanding paragraph (2), the Secretary may withhold data for a longer period than the period of time described in paragraph (2) in the event of a law enforcement action or legal action that may be related to that data.

“(e) Standards.—The Secretary, in consultation with the marine mammal stranding community, shall—

“(1) make publicly available guidance about uniform data and metadata standards to ensure that data collected in accordance with this section can be archived in a form that is readily accessible and understandable to the public through the Health MAP and the Observation System; and

“(2) periodically update such guidance.

“(f) Management Policy.—In collaboration with the regional stranding networks, the Secretary shall develop, and periodically update, a data management and public outreach collaboration policy for stranding or entanglement events.

“(g) Authorship Agreements and Acknowledgment Policy.—The Secretary, acting through the Under Secretary of Commerce for Oceans and Atmosphere, shall include authorship agreements or other acknowledgment considerations for use of data by the public, as determined by the Secretary.

“(h) Savings Clause.—The Secretary shall not require submission of research data that are not described in subsection (c).”

SEC. 10402. Stranding or Entanglement Response Agreements.

(a)
In General.— Section 403 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421b) is amended—
(1)
in the section heading by inserting “ or entanglement” before “ response”;
(2)
in subsection (a), by striking the period at the end and inserting “ or entanglement.”; and
(3)
in subsection (b)—
(A)
in paragraph (1), by striking “ and” after the semicolon;
(B)
in paragraph (2), by striking the period at the end and inserting “ ; and”; and
(C)
by adding at the end the following:

“(3) include a description of the data management and public outreach policy established under section 402(f).”

(b)
Table of Contents Amendment.— The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92–522; 86 Stat. 1027) is amended by striking the item related to section 403 and inserting the following:

“Sec. 403. Stranding or entanglement response agreements.”.

SEC. 10403. Unusual Mortality Event Activity Funding.

Section 405(b) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d(b)) is amended to read as follows:

“(b) Uses.—Amounts in the Fund shall be available only for use by the Secretary, in consultation with the Secretary of the Interior, and dispersed among claimants based on budgets approved by the Secretary prior to expenditure—

“(1) to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs incurred in acting in accordance with the contingency plan issued under section 404(b) or under the direction of an Onsite Coordinator for an unusual mortality event designated under section 404(a)(2)(B)(iii);

“(2) for reimbursing any stranding network participant for costs incurred in the collection, preparation, analysis, and transportation of marine mammal tissues and samples collected with respect to an unusual mortality event for the Tissue Bank; and

“(3) for the care and maintenance of a marine mammal seized under section 104(c)(2)(D); and”

SEC. 10404. Liability.

Section 406(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421e(a)) is amended, in the matter preceding paragraph (1)—
(1)
by inserting “ or entanglement” after “ to a stranding”; and
(2)
by striking “ government” and inserting “ Government”.

SEC. 10405. National Marine Mammal Tissue Bank and Tissue Analysis.

Section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f) is amended—
(1)
in subsection (c)(2)(A), by striking “ the health of marine mammals and” and inserting “ marine mammal health and mortality and the health of”; and
(2)
in subsection (d), in the matter preceding paragraph (1), by inserting “ public” before “ access”.

SEC. 10406. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund.

(a)
In General.— Section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f–1) is amended—
(1)
by striking the section heading and inserting “ marine mammal rescue and response grant program and rapid response fund”;
(2)
by striking subsections (a) through (d) and subsections (f) through (h);
(3)
by redesignating subsection (e) as subsection (f); and
(4)
by inserting before subsection (f), as redesignated by paragraph (3), the following:

“(a) Definitions.—In this section:

“(1) Emergency assistance.—

“(A) In general.—The term ‘emergency assistance’ means—

“(i) financial assistance provided to respond to, or that results from, a stranding event or entanglement event that—

“(I) causes an immediate increase in the cost of a response, recovery, or rehabilitation that is greater than the usual cost of a response, recovery, or rehabilitation;

“(II) is cyclical or endemic; or

“(III) involves a marine mammal that is out of the normal range for that marine mammal; or

“(ii) financial assistance provided to respond to, or that results from, a stranding event or an entanglement event that—

“(I) the applicable Secretary considers to be an emergency; or

“(II) with the concurrence of the applicable Secretary, a State, territorial, or Tribal Government considers to be an emergency.

“(B) Exclusions.—The term ‘emergency assistance’ does not include financial assistance to respond to an unusual mortality event.

“(2) Secretary.—The term ‘Secretary’ has the meaning given that term in section 3(12)(A).

“(3) Stranding region.—The term ‘stranding region’ means a geographic region designated by the applicable Secretary for purposes of administration of this title.

“(b) John H. Prescott Marine Mammal Rescue and Response Grant Program.—

“(1) In general.—The applicable Secretary shall carry out a grant program, to be known as the ‘John H. Prescott Marine Mammal Rescue and Response Grant Program’ (referred to in this section as the ‘grant program’), to award grants to eligible stranding network participants or stranding network collaborators, as described in this subsection.

“(2) Purposes.—The purposes of the grant program are to provide for—

“(A) the recovery, care, or treatment of sick, injured, or entangled marine mammals;

“(B) responses to marine mammal stranding events that require emergency assistance;

“(C) the collection of data and samples from living or dead stranded marine mammals for scientific research or assessments regarding marine mammal health;

“(D) facility operating costs that are directly related to activities described in subparagraph (A), (B), or (C); and

“(E) development of stranding network capacity, including training for emergency response, where facilities do not exist or are sparse.

“(3) Contract, grant, and cooperative agreement authority.—

“(A) In general.—The applicable Secretary may enter into a contract, grant, or cooperative agreement with any eligible stranding network participant or stranding network collaborator, as the Secretary determines to be appropriate, for the purposes described in paragraph (2).

“(B) Emergency award flexibility.—Following a request for emergency award flexibility and analysis of the merits of and necessity for such a request, the applicable Secretary may—

“(i) amend any contract, grant, or cooperative agreement entered into under this paragraph, including provisions concerning the period of performance; or

“(ii) waive the requirements under subsection (f) for grant applications submitted during the provision of emergency assistance.

“(4) Equitable distribution of funds.—

“(A) In general.—The Secretary shall ensure, to the extent practicable, that funds awarded under the grant program are distributed equitably among the stranding regions.

“(B) Considerations.—In determining priorities among the stranding regions under this paragraph, the Secretary may consider—

“(i) equitable distribution within the stranding regions, including the subregions (including, but not limited to, the Gulf of Mexico);

“(ii) any episodic stranding, entanglement, or mortality events, except for unusual mortality events, that occurred in any stranding region in the preceding year;

“(iii) any data with respect to average annual stranding, entanglements, and mortality events per stranding region;

“(iv) the size of the marine mammal populations inhabiting a stranding region;

“(v) the importance of the region’s marine mammal populations to the well-being of indigenous communities; and

“(vi) the conservation of protected, depleted, threatened, or endangered marine mammal species.

“(C) Strandings.—For the purposes of this program, priority is to be given to applications focusing on marine mammal strandings.

“(5) Application.—To be eligible for a grant under the grant program, a stranding network participant shall—

“(A) submit an application in such form and manner as the applicable Secretary prescribes; and

“(B) be in compliance with the data reporting requirements under section 402(d) and any applicable reporting requirements of the United States Fish and Wildlife Service for species under its management jurisdiction.

“(6) Grant criteria.—The Secretary shall, in consultation with the Marine Mammal Commission, a representative from each of the stranding regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science with respect to stranded marine mammals under that Department’s jurisdiction, develop criteria for awarding grants under their respective grant programs.

“(7) Maximum grant amount.—No grant made under the grant program for a single award may exceed $150,000 in any 12-month period.

“(8) Administrative costs and expenses.—The Secretary’s administrative costs and expenses related to reviewing and awarding grants under the grant program, in any fiscal year may not exceed the greater of—

“(A) 6 percent of the amounts made available each fiscal year to carry out the grant program; or

“(B) $80,000.

“(9) Transparency.—The Secretary shall make publicly available a list of grant proposals for the upcoming fiscal year, funded grants, and requests for grant flexibility under this subsection.

“(c) Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund.—

“(1) In general.—There is established in the Treasury of the United States an interest-bearing fund, to be known as the ‘Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund’ (referred to in this section as the ‘Rapid Response Fund’).

“(2) Use of funds.—Amounts in the Rapid Response Fund shall be available only for use by the Secretary to provide emergency assistance.

“(d) Authorization of Appropriations.—

“(1) In general.—

“(A) Authorization of appropriations.—There is authorized to be appropriated to carry out the grant program $7,000,000 for each of fiscal years 2023 through 2028, to remain available until expended, of which for each fiscal year—

“(i) $6,000,000 shall be made available to the Secretary of Commerce; and

“(ii) $1,000,000 shall be made available to the Secretary of the Interior.

“(B) Derivation of funds.—Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated pursuant to subparagraph (A) that are enacted after the date of enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.

“(2) Joseph r. geraci marine mammal rescue and rapid response fund.—There is authorized to be appropriated to the Rapid Response Fund $500,000 for each of fiscal years 2023 through 2028.

“(e) Acceptance of Donations.—

“(1) In general.—For the purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.

“(2) Monetary donations.—A monetary gift, devise, or bequest accepted by the Secretary under paragraph (1) shall be credited as discretionary offsetting collections to the currently applicable appropriation, account, or fund of the Department of Commerce and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts.”

(b)
Technical Edits.— Section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f–1), as amended by subsection (a), is further amended in subsection (f), as redesignated by subsection (a)(3)—
(1)
in paragraph (1)—
(A)
by striking “ the costs of an activity conducted with a grant under this section shall be” and inserting “ a project conducted with funds awarded under the grant program under this section shall be not less than”; and
(B)
by striking “ such costs” and inserting “ such project”; and
(2)
in paragraph (2)—
(A)
by striking “ an activity” and inserting “ a project”; and
(B)
by striking “ the activity” and inserting “ the project”.
(c)
Table of Contents Amendment.— The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92–522; 86 Stat. 1027) (as amended by section 5503(b)) is amended by striking the item related to section 408 and inserting the following:

“Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund.”.

SEC. 10407. Health Map.

(a)
In General.— Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421 et seq.) is amended by inserting after section 408 the following:

“SEC. 408A. MARINE MAMMAL HEALTH MONITORING AND ANALYSIS PLATFORM (HEALTH MAP).

“(a) In General.—Not later than 1 year after the date of enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, the Secretary, acting through the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall—

“(1) establish a marine mammal health monitoring and analysis platform (referred to in this Act as the ‘Health MAP’);

“(2) incorporate the Health MAP into the Observation System; and

“(3) make the Health MAP—

“(A) publicly accessible through the web portal of the Observation System; and

“(B) interoperable with other national data systems or other data systems for management or research purposes, as practicable.

“(b) Purposes.—The purposes of the Health MAP are—

“(1) to promote—

“(A) interdisciplinary research among individuals with knowledge and experience in marine mammal science, marine mammal veterinary and husbandry practices, medical science, and oceanography, and with other marine scientists;

“(B) timely and sustained dissemination and availability of marine mammal health, stranding, entanglement, and mortality data;

“(C) identification of spatial and temporal patterns of marine mammal mortality, disease, and stranding;

“(D) evaluation of marine mammal health in terms of mortality, as well as sublethal marine mammal health impacts;

“(E) improved collaboration and forecasting of marine mammal and larger ecosystem health events;

“(F) rapid communication and dissemination of information regarding marine mammal strandings that may have implications for human health, such as those caused by harmful algal blooms; and

“(G) increased accessibility of data in a user friendly visual interface for public education and outreach; and

“(2) to contribute to an ocean health index that incorporates marine mammal health data.

“(c) Requirements.—The Health MAP shall—

“(1) integrate in situ, remote, and other marine mammal health, stranding, and mortality data, including visualizations and metadata, collected by marine mammal stranding networks, Federal, State, local, and Tribal governments, private partners, and academia; and

“(2) be designed—

“(A) to enhance data and information availability, including data sharing among stranding network participants, scientists, and the public within and across stranding network regions;

“(B) to facilitate data and information access across scientific disciplines, scientists, and managers;

“(C) to facilitate public access to national and regional marine mammal health, stranding, entanglement, and mortality data, including visualizations and metadata, through the national and regional data portals of the Observation System; and

“(D) in collaboration with, and with input from, States and stranding network participants.

“(d) Procedures and Guidelines.—The Secretary shall establish and implement policies, protocols, and standards for—

“(1) reporting marine mammal health data collected by stranding networks consistent with subsections (c) and (d) of section 402;

“(2) promptly transmitting health data from the stranding networks and other appropriate data providers to the Health MAP;

“(3) disseminating and making publicly available data on marine mammal health, stranding, entanglement, and mortality data in a timely and sustained manner; and

“(4) integrating additional marine mammal health, stranding, or other relevant data as the Secretary determines appropriate.

“(e) Consultation.—The Administrator of the National Oceanic and Atmospheric Administration shall maintain and update the Health MAP in consultation with the Secretary of the Interior and the Marine Mammal Commission.

“(f) Acceptance of Donations.—

“(1) In general.—For the purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.

“(2) Monetary donations.—A monetary gift, devise, or bequest accepted by the Secretary under paragraph (1) shall be credited as discretionary offsetting collections to the currently applicable appropriation, account, or fund of the Department of Commerce and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts.”

(b)
Table of Contents Amendment.— The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92–522; 86 Stat. 1027) (as amended by section 5507(b)) is amended by inserting after the item related to section 408 the following:

“Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform (Health MAP).”.

SEC. 10408. Reports to Congress.

(a)
In General.— Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421 et seq.) (as amended by section 5508(a)) is amended by inserting after section 408A the following:

“SEC. 408B. REPORTS TO CONGRESS.

“(a) Definition of Appropriate Committees of Congress.—In this section, the term ‘appropriate committees of Congress’ means—

“(1) the Committee on Commerce, Science, and Transportation of the Senate;

“(2) the Committee on Environment and Public Works of the Senate;

“(3) the Committee on Natural Resources of the House of Representatives; and

“(4) the Committee on Science, Space, and Technology of the House of Representatives.

“(b) Health MAP Status Report.—

“(1) In general.—Not later than 2 years after the date of enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and the National Ocean Research Leadership Council, shall submit to the appropriate committees of Congress a report describing the status of the Health MAP.

“(2) Requirements.—The report under paragraph (1) shall include—

“(A) a detailed evaluation of the data made publicly available through the Health MAP;

“(B) a detailed list of any gaps in data collected pursuant to the Health MAP, a description of the reasons for those gaps, and recommended actions to close those gaps;

“(C) an analysis of the effectiveness of using the website of the Observation System as the platform to collect, organize, visualize, archive, and disseminate marine mammal stranding and health data;

“(D) a list of publications, presentations, or other relevant work product resulting from, or produced in collaboration with, the Health MAP;

“(E) a description of emerging marine mammal health concerns and the applicability of those concerns to human health;

“(F) an analysis of the feasibility of the Observation System being used as an alert system during stranding events, entanglement events, and unusual mortality events for the stranding network, Observation System partners, Health MAP partners, Federal and State agencies, and local and Tribal governments;

“(G) an evaluation of the use of Health MAP data to predict broader ecosystem events and changes that may impact marine mammal or human health and specific examples of proven or potential uses of Observation System data for those purposes; and

“(H) recommendations for the Health MAP with respect to—

“(i) filling any identified data gaps;

“(ii) standards that could be used to improve data quality, accessibility, transmission, interoperability, and sharing;

“(iii) any other strategies that would contribute to the effectiveness and usefulness of the Health MAP; and

“(iv) the funding levels needed to maintain and improve the Health MAP.

“(c) Data Gap Analysis.—

“(1) In general.—Not later than 5 years after the date on which the report required under subsection (b)(1) is submitted, and every 10 years thereafter, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the Director of the United States Fish and Wildlife Service, shall—

“(A) make publicly available a report on the data gap analysis described in paragraph (2); and

“(B) provide a briefing to the appropriate committees of Congress concerning that data gap analysis.

“(2) Requirements.—The data gap analysis under paragraph (1) shall include—

“(A) an overview of existing participants within a marine mammal stranding network;

“(B) an identification of coverage needs and participant gaps within a network;

“(C) an identification of data and reporting gaps from members of a network; and

“(D) an analysis of how stranding and health data are shared and made available to scientists, academics, State, local, and Tribal governments, and the public.

“(d) Marine Mammal Response Capabilities in the Arctic.—

“(1) In general.—Not later than 1 year after the date of enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geologic Survey, in consultation with the Marine Mammal Commission, shall—

“(A) make publicly available a report describing the response capabilities for sick and injured marine mammals in the Arctic regions of the United States; and

“(B) provide a briefing to the appropriate committees of Congress on that report.

“(2) Arctic.—The term ‘Arctic’ has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

“(3) Requirements.—The report under paragraph (1) shall include—

“(A) a description, developed in consultation with the Fish and Wildlife Service of the Department of the Interior, of all marine mammal stranding agreements in place for the Arctic region of the United States, including species covered, response capabilities, facilities and equipment, and data collection and analysis capabilities;

“(B) a list of State and local government agencies that have personnel trained to respond to marine mammal strandings in the Arctic region of the United States;

“(C) an assessment of potential response and data collection partners and sources of local information and knowledge, including Alaska Native people and villages;

“(D) an analysis of spatial and temporal trends in marine mammal strandings and unusual mortality events that are correlated with changing environmental conditions in the Arctic region of the United States;

“(E) a description of training and other resource needs to meet emerging response requirements in the Arctic region of the United States;

“(F) an analysis of oiled marine mammal response and rehabilitation capabilities in the Arctic region of the United States, including personnel, equipment, facilities, training, and husbandry capabilities, and an assessment of factors that affect response and rehabilitation success rates; and

“(G) recommendations to address future stranding response needs for marine mammals in the Arctic region of the United States.”

(b)
Table of Contents Amendment.— The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92–522; 86 Stat. 1027) (as amended by section 5508(b)) is amended by inserting after the item related to section 408A the following:

“Sec. 408B. Reports to Congress.”.

SEC. 10409. Authorization of Appropriations.

Section 409 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421g) is amended—
(1)
in paragraph (1), by striking “ 1993 and 1994;” and inserting “ 2023 through 2028;”;
(2)
in paragraph (2), by striking “ 1993 and 1994;” and inserting “ 2023 through 2028;”; and
(3)
in paragraph (3), by striking “ fiscal year 1993.” and inserting “ for each of fiscal years 2023 through 2028.”.

SEC. 10410. Definitions.

Section 410 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421h) is amended—
(1)
by redesignating paragraphs (1) through (6) as paragraphs (2), (5), (6), (7), (8), and (9), respectively;
(2)
by inserting before paragraph (2) (as so redesignated) the following:

“(1) The term ‘entangle’ or ‘entanglement’ means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to the marine mammal and is—

“(A) on lands under the jurisdiction of the United States, including beaches and shorelines; or

“(B) in waters under the jurisdiction of the United States, including any navigable waters.”

(3)
in paragraph (2) (as so redesignated) by striking “ The term” and inserting “ Except as used in section 408, the term”;
(4)
by inserting after paragraph (2) (as so redesignated) the following:

“(3) The term ‘Health MAP’ means the Marine Mammal Health Monitoring and Analysis Platform established under section 408A(a)(1).

“(4) The term ‘Observation System’ means the National Integrated Coastal and Ocean Observation System established under section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603).”

SEC. 10411. Study on Marine Mammal Mortality.

(a)
In General.— Not later than 12 months after the date of enactment of this Act, the Undersecretary of Commerce for Oceans and Atmosphere shall, in consultation with the Secretary of the Interior and the Marine Mammal Commission, conduct a study evaluating the connections among marine heat waves, frequency and intensity of harmful algal blooms, prey availability, and habitat degradation, and the impacts of these conditions on marine mammal mortality.
(b)
Report.— The Undersecretary of Commerce for Oceans and Atmosphere, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall prepare, post to a publicly available website, and brief the appropriate committees of Congress on, a report containing the results of the study described in subsection (a). The report shall identify priority research activities, opportunities for collaboration, and current gaps in effort and resource limitations related to advancing scientific understanding of how ocean heat waves, harmful algae blooms, availability of prey, and habitat degradation impact marine mammal mortality. The report shall include recommendations for policies needed to mitigate and respond to mortality events.

TITLE CV Volcanic Ash and Fumes

SEC. 10501. Modifications to National Volcano Early Warning and Monitoring System.

(a)
Definitions.— Subsection (a) of section 5001 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C. 31k) is amended—
(1)
by redesignating paragraph (2) as paragraph (3);
(2)
by inserting after paragraph (1) the following:

“(2) Secretary of commerce.—The term ‘Secretary of Commerce’ means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere.”

; and

(3)
by adding at the end the following:

“(4) Volcanic ash advisory center.—The term ‘Volcanic Ash Advisory Center’ means an entity designated by the International Civil Aviation Organization that is responsible for informing aviation interests about the presence of volcanic ash in the airspace.”

(b)
Purposes.— Subsection (b)(1)(B) of such section is amended—
(1)
in clause (i), by striking “ and” at the end;
(2)
in clause (ii), by striking the period at the end and inserting “ ; and”; and
(3)
by adding at the end the following:

“(iii) to strengthen the warning and monitoring systems of volcano observatories in the United States by integrating relevant capacities of the National Oceanic and Atmospheric Administration, including with the Volcanic Ash Advisory Centers located in Anchorage, Alaska, and Washington, D.C., to observe and model emissions of gases, aerosols, and ash, atmospheric dynamics and chemistry, and ocean chemistry resulting from volcanic eruptions.”

(c)
System Components.— Subsection (b)(2) of such section is amended—
(1)
in subparagraph (B)—
(A)
by striking “ and” before “ spectrometry”; and
(B)
by inserting “ , and unoccupied aerial vehicles” after “ emissions”; and
(2)
by adding at the end the following:

“(C) Memorandum of understanding.—The Secretary and the Secretary of Commerce shall develop and execute a memorandum of understanding to establish cooperative support for the activities of the System from the National Oceanic and Atmospheric Administration, including environmental observations, modeling, and temporary duty assignments of personnel to support emergency activities, as necessary or appropriate.”

(d)
Management.— Subsection (b)(3) of such section is amended—
(1)
in subparagraph (A), by adding at the end the following:

“(iii) Update.—

“(I) National oceanic and atmospheric administration cost estimates.—The Secretary of Commerce shall submit to the Secretary annual cost estimates for modernization activities and support of the System for the National Oceanic and Atmospheric Administration.

“(II) Update of management plan.—The Secretary shall update the management plan submitted under clause (i) to include the cost estimates submitted under subclause (I).”

; and

(2)
by adding at the end the following:

“(E) Collaboration.—The Secretary of Commerce shall collaborate with the Secretary to implement activities carried out under this section related to the expertise of the National Oceanic and Atmospheric Administration, including observations and modeling of emissions of gases, aerosols, and ash, atmospheric dynamics and chemistry, and ocean chemistry resulting from volcanic eruptions.”

(e)
Funding.— Subsection (c) of such section is amended—
(1)
in paragraph (1)—
(A)
in the paragraph heading, by inserting “ , united states geological survey” after “ appropriations”; and
(B)
by inserting “ to the United States Geological Survey” after “ appropriated”;.
(2)
by redesignating paragraph (2) as paragraph (3);
(3)
by inserting after paragraph (1) the following:

“(2) Authorization of appropriations, national oceanic and atmospheric administration.—There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this section such sums as may be necessary for the period of fiscal years 2023 through 2024.”

; and

(4)
in paragraph (3), as redesignated by paragraph (2)—
(A)
by striking “ United States Geological Survey”; and
(B)
by inserting “ of the United States Geological Survey and the National Oceanic and Atmospheric Administration” after “ programs”.
(f)
Implementation Plan.—
(1)
Development of plan.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Interior, shall develop a plan to implement the amendments made by this Act during the 5-year period beginning on the date on which the plan is developed.
(2)
Elements.— The plan developed under paragraph (1) shall include an estimate of the cost and schedule required for the implementation described in such paragraph.
(3)
Public availability.— Upon completion of the plan developed under paragraph (1), the Secretary of Commerce shall make the plan publicly available.

TITLE CVI Learning Excellence and Good Examples from New Developers

SEC. 10601. Learning Excellence and Good Examples from New Developers.

(a)
Definitions.— In this section:
(1)
Administration.— The term “Administration” means the National Oceanic and Atmospheric Administration.
(2)
Administrator.— The term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration.
(3)
Earth prediction innovation center.— The term “Earth Prediction Innovation Center” means the community global weather research modeling system described in paragraph (5)(E) of section 102(b) of the Weather Research Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)), as redesignated by this section.
(4)
Model.— The term “model” means any vetted numerical model and associated data assimilation of the Earth’s system or its components—
(A)
developed, in whole or in part, by scientists and engineers employed by the Administration; or
(B)
otherwise developed, in whole or in part, using Federal funds.
(5)
Open license.— The term “open license” has the same meaning given such term in section 3502(21) of title 44, United States Code.
(6)
Operational model.— The term “operational model” means any model that has an output used by the Administration for operational functions.
(7)
Suitable model.— The term “suitable model” means a model that meets the requirements described in paragraph (5)(E)(ii) of section 102(b) of the Weather Research Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)), as redesignated by this title, as determined by the Administrator.
(b)
Purposes.— The purposes of this section are—
(1)
to support innovation in modeling by allowing interested stakeholders to have easy and complete access to operational model codes and to other models, as the Administrator determines appropriate; and
(2)
to use vetted innovations arising from access described in paragraph (1) to improve modeling by the Administration.
(c)
Plan and Implementation of Plan To Make Certain Models and Data Available to the Public.—
(1)
In general.— The Administrator shall develop and implement a plan to make available to the public, at no cost and with no restrictions on copying, publishing, distributing, citing, adapting, or otherwise using under an open license, the following:
(A)
Operational models developed by the Administration.
(B)
Models that are not operational models, including experimental and developmental models, as the Administrator determines appropriate.
(C)
Applicable information and documentation for models described in subparagraphs (A) and (B), including a description of intended model outputs.
(D)
Subject to subsection (f), all data owned by the Federal Government and data that the Administrator has the legal right to redistribute that are associated with models made available to the public pursuant to the plan and used in operational forecasting by the Administration, including—
(i)
relevant metadata; and
(ii)
data used for operational models used by the Administration as of the date of the enactment of this Act.
(2)
Accommodations.— In developing and implementing the plan under paragraph (1), the Administrator may make such accommodations as the Administrator considers appropriate to ensure that the public release of any model, information, documentation, or data pursuant to the plan do not jeopardize—
(A)
national security;
(B)
intellectual property or redistribution rights, including under titles 17 and 35, United States Code;
(C)
any trade secret or commercial or financial information subject to section 552(b)(4) of title 5, United States Code;
(D)
any models or data that are otherwise restricted by contract or other written agreement; or
(E)
the mission of the Administration to protect lives and property.
(3)
Priority.— In developing and implementing the plan under paragraph (1), the Administrator shall prioritize making available to the public the models described in paragraph (1)(A).
(4)
Protections for privacy and statistical information.— In developing and implementing the plan under subsection (a), the Administrator shall ensure that all requirements incorporated into any models described in paragraph (1)(A) ensure compliance with statistical laws and other relevant data protection requirements, including the protection of any personally identifiable information.
(5)
Exclusion of certain models.— In developing and implementing the plan under paragraph (1), the Administrator may exclude models that the Administrator determines will be retired or superseded in fewer than 5 years after the date of the enactment of this Act.
(6)
Platforms.— In carrying out paragraphs (1) and (2), the Administrator may use government servers, contracts or agreements with a private vendor, or any other platform consistent with the purpose of this title.
(7)
Support program.— The Administrator shall plan for and establish a program to support infrastructure, including telecommunications and technology infrastructure of the Administration and the platforms described in paragraph (6), relevant to making operational models and data available to the public pursuant to the plan under subsection (a).
(8)
Technical correction.— Section 102(b) of the Weather Research Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)) is amended by redesignating the second paragraph (4) (as added by section 4(a) of the National Integrated Drought Information System Reauthorization Act of 2018 (Public Law 115–423; 132 Stat. 5456)) as paragraph (5).
(d)
Requirement To Review Models and Leverage Innovations.— The Administrator shall—
(1)
consistent with the mission of the Earth Prediction Innovation Center, periodically review innovations and improvements made by persons not employed by the Administration as Federal employees to the operational models made available to the public pursuant to the plan under subsection (c)(1) in order to improve the accuracy and timeliness of forecasts of the Administration; and
(2)
if the Administrator identifies an innovation for a suitable model, develop and implement a plan to use the innovation to improve the model.
(e)
Report on Implementation.—
(1)
In general.— Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the implementation of this section that includes a description of—
(A)
the implementation of the plan required by subsection (c);
(B)
the process of the Administration under subsection (d)—
(i)
for engaging with interested stakeholders to learn what innovations those stakeholders have found;
(ii)
for reviewing those innovations; and
(iii)
for operationalizing innovations to improve suitable models; and
(C)
the use of any Federal financial assistance, including under section 24 of the Stevenson-Wydler Technology Innovation Act of 1990 (15 U.S.C. 3719) or the Crowdsourcing and Citizen Science Act (15 U.S.C. 3724), in order to facilitate and incentivize the sharing of externally developed improvements for testing, evaluation, validation, and application to further improve the mission of the Administration, and any other Administration priorities.
(2)
Appropriate congressional committees defined.— In this subsection, the term “appropriate congressional committees” means—
(A)
the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and
(B)
the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives.
(f)
Protection of National Security Interests.—
(1)
In general.— Notwithstanding any other provision of this section, for models developed in whole or in part with the Department of Defense, the Administrator, in consultation with the Secretary of Defense, as appropriate, shall withhold any model or data if the Administrator or the Secretary of Defense determines doing so to be necessary to protect the national security interests of the United States.
(2)
Rule of construction.— Nothing in this section shall be construed to supersede any other provision of law governing the protection of the national security interests of the United States.
(g)
Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2023 through 2027.