Marine Debris Research, Prevention, and Reduction Act

[109th Congress Public Law 449]
[From the U.S. Government Publishing Office]

[DOCID: f:publ449.109]

[[Page 120 STAT. 3333]]

Public Law 109-449
109th Congress

 An Act

 
 To establish a program within the National Oceanic and Atmospheric 
 Administration and the United States Coast Guard to help identify, 
determine sources of, assess, reduce, and prevent marine debris and its 
 adverse impacts on the marine environment and navigation safety, in 
 coordination with non-Federal entities, and for other 
 purposes. <<NOTE: Dec. 22, 2006 - [S. 362]>> 

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Marine Debris Research, 
Prevention, and Reduction Act. 33 USC 1951 note.>> assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Marine Debris Research, Prevention, 
and Reduction Act''.

SEC. 2. <<NOTE: 33 USC 1951.>> PURPOSES.

 The purposes of this Act are--
 (1) to help identify, determine sources of, assess, reduce, 
 and prevent marine debris and its adverse impacts on the marine 
 environment and navigation safety;
 (2) to reactivate the Interagency Marine Debris Coordinating 
 Committee; and
 (3) to develop a Federal marine debris information 
 clearinghouse.

SEC. 3. <<NOTE: 33 USC 1952.>> NOAA MARINE DEBRIS PREVENTION AND REMOVAL 
 PROGRAM.

 (a) Establishment of Program.--There is established, within the 
National Oceanic and Atmospheric Administration, a Marine Debris 
Prevention and Removal Program to reduce and prevent the occurrence and 
adverse impacts of marine debris on the marine environment and 
navigation safety.
 (b) Program Components.--The Administrator, acting through the 
Program and subject to the availability of appropriations, shall carry 
out the following activities:
 (1) Mapping, identification, impact assessment, removal, and 
 prevention.--The Administrator shall, in consultation with 
 relevant Federal agencies, undertake marine debris mapping, 
 identification, impact assessment, prevention, and removal 
 efforts, with a focus on marine debris posing a threat to living 
 marine resources and navigation safety, including--
 (A) the establishment of a process, building on 
 existing information sources maintained by Federal 
 agencies such as the Environmental Protection Agency and 
 the Coast Guard, for cataloguing and maintaining an 
 inventory of marine debris and its impacts found in the 
 navigable waters of the United States and the United 
 States exclusive economic zone, including location, 
 material, size, age, and

[[Page 120 STAT. 3334]]

 origin, and impacts on habitat, living marine resources, 
 human health, and navigation safety;
 (B) measures to identify the origin, location, and 
 projected movement of marine debris within United States 
 navigable waters, the United States exclusive economic 
 zone, and the high seas, including the use of 
 oceanographic, atmospheric, satellite, and remote 
 sensing data; and
 (C) development and implementation of strategies, 
 methods, priorities, and a plan for preventing and 
 removing marine debris from United States navigable 
 waters and within the United States exclusive economic 
 zone, including development of local or regional 
 protocols for removal of derelict fishing gear and other 
 marine debris.
 (2) Reducing and preventing loss of gear.--The Administrator 
 shall improve efforts to reduce adverse impacts of lost and 
 discarded fishing gear on living marine resources and navigation 
 safety, including--
 (A) research and development of alternatives to gear 
 posing threats to the marine environment, and methods 
 for marking gear used in specific fisheries to enhance 
 the tracking, recovery, and identification of lost and 
 discarded gear; and
 (B) development of effective nonregulatory measures 
 and incentives to cooperatively reduce the volume of 
 lost and discarded fishing gear and to aid in its 
 recovery.
 (3) Outreach.--The Administrator shall undertake outreach 
 and education of the public and other stakeholders, such as the 
 fishing industry, fishing gear manufacturers, and other marine-
 dependent industries, and the plastic and waste management 
 industries, on sources of marine debris, threats associated with 
 marine debris and approaches to identify, determine sources of, 
 assess, reduce, and prevent marine debris and its adverse 
 impacts on the marine environment and navigational safety, 
 including outreach and education activities through public-
 private initiatives. The Administrator shall coordinate outreach 
 and education activities under this paragraph with any outreach 
 programs conducted under section 2204 of the Marine Plastic 
 Pollution Research and Control Act of 1987 (33 U.S.C. 1915).

 (c) Grants, Cooperative Agreements, and Contracts.--
 (1) In general.--The Administrator, acting through the 
 Program, shall enter into cooperative agreements and contracts 
 and provide financial assistance in the form of grants for 
 projects to accomplish the purpose set forth in section 2(1).
 (2) Grant cost sharing requirement.--
 (A) In general.--Except as provided in subparagraph 
 (B), Federal funds for any grant under this section may 
 not exceed 50 percent of the total cost of such project. 
 For purposes of this subparagraph, the non-Federal share 
 of project costs may be provided by in-kind 
 contributions and other noncash support.
 (B) Waiver.--The Administrator may waive all or part 
 of the matching requirement under subparagraph (A) if 
 the Administrator determines that no reasonable means 
 are available through which applicants can meet the 
 matching requirement and the probable benefit of such

[[Page 120 STAT. 3335]]

 project outweighs the public interest in such matching 
 requirement.
 (3) Amounts paid and services rendered under consent.--
 (A) Consent decrees and orders.--If authorized by 
 the Administrator or the Attorney General, as 
 appropriate, the non-Federal share of the cost of a 
 project carried out under this Act may include money 
 paid pursuant to, or the value of any in-kind service 
 performed under, an administrative order on consent or 
 judicial consent decree that will remove or prevent 
 marine debris.
 (B) Other decrees and orders.--The non-Federal share 
 of the cost of a project carried out under this Act may 
 not include any money paid pursuant to, or the value of 
 any in-kind service performed under, any other 
 administrative order or court order.
 (4) Eligibility.--Any State, local, or tribal government 
 whose activities affect research or regulation of marine debris, 
 and any institution of higher education, nonprofit organization, 
 or commercial organization with expertise in a field related to 
 marine debris, is eligible to submit to the Administrator a 
 marine debris proposal under the grant program.
 (5) Grant criteria and guidelines.--
 Within <<NOTE: Deadline.>> 180 days after the date of the 
 enactment of this Act, the Administrator shall promulgate 
 necessary guidelines for implementation of the grant program, 
 including development of criteria and priorities for grants. In 
 developing those guidelines, the Administrator shall consult 
 with--
 (A) the Interagency Committee;
 (B) regional fishery management councils established 
 under the Magnuson-Stevens Fishery Conservation and 
 Management Act (16 U.S.C. 1801 et seq.);
 (C) State, regional, and local governmental entities 
 with marine debris experience;
 (D) marine-dependent industries; and
 (E) nongovernmental organizations involved in marine 
 debris research, prevention, or removal activities.
 (6) Project review and approval.--The Administrator shall--
 (A) review each marine debris project proposal to 
 determine if it meets the grant criteria and supports 
 the goals of this Act;
 (B) after considering any written comments and 
 recommendations based on the review, approve or 
 disapprove the proposal; and
 (C) <<NOTE: Notification.>> provide notification of 
 that approval or disapproval to the person who submitted 
 the proposal.
 (7) Project reporting.--Each grantee under this section 
 shall provide periodic reports as required by the Administrator. 
 Each report shall include all information required by the 
 Administrator for evaluating the progress and success in meeting 
 its stated goals, and impact of the grant activities on the 
 marine debris problem.

SEC. 4. <<NOTE: 33 USC 1953.>> COAST GUARD PROGRAM.

 (a) Strategy.--The Commandant of the Coast Guard, in consultation 
with the Interagency Committee, shall--

[[Page 120 STAT. 3336]]

 (1) take actions to reduce violations of and improve 
 implementation of MARPOL Annex V and the Act to Prevent 
 Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to 
 the discard of plastics and other garbage from vessels;
 (2) take actions to cost-effectively monitor and enforce 
 compliance with MARPOL Annex V and the Act to Prevent Pollution 
 from Ships (33 U.S.C. 1901 et seq.), including through 
 cooperation and coordination with other Federal and State 
 enforcement programs;
 (3) take actions to improve compliance with requirements 
 under MARPOL Annex V and section 6 of the Act to Prevent 
 Pollution from Ships (33 U.S.C. 1905) that all United States 
 ports and terminals maintain and monitor the adequacy of 
 receptacles for the disposal of plastics and other garbage, 
 including through promoting voluntary government-industry 
 partnerships;
 (4) <<NOTE: Plan.>> develop and implement a plan, in 
 coordination with industry and recreational boaters, to improve 
 ship-board waste management, including recordkeeping, and access 
 to waste reception facilities for ship-board waste;
 (5) take actions to improve international cooperation to 
 reduce marine debris; and
 (6) establish a voluntary reporting program for commercial 
 vessel operators and recreational boaters to report incidents of 
 damage to vessels and disruption of navigation caused by marine 
 debris, and observed violations of laws and regulations relating 
 to the disposal of plastics and other marine debris.

 (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Commandant of the Coast Guard shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report evaluating the Coast Guard's progress in 
implementing subsection (a).
 (c) External Evaluation and Recommendations on Annex V.--
 (1) In general.--
 The <<NOTE: Contracts. Deadline. Reports.>> Commandant of the 
 Coast Guard shall enter into an arrangement with the National 
 Research Council under which the National Research Council shall 
 submit, by not later than 18 months after the date of the 
 enactment of this Act and in consultation with the Commandant 
 and the Interagency Committee, to the Committee on Commerce, 
 Science, and Transportation of the Senate and the Committee on 
 Transportation and Infrastructure of the House of 
 Representatives a comprehensive report on the effectiveness of 
 international and national measures to prevent and reduce marine 
 debris and its impact.
 (2) Contents.--The report required under paragraph (1) shall 
 include--
 (A) an evaluation of international and domestic 
 implementation of MARPOL Annex V and the Act to Prevent 
 Pollution from Ships (33 U.S.C. 1901 et seq.) and 
 recommendations of cost-effective actions to improve 
 implementation and compliance with such measures to 
 reduce impacts of marine debris;
 (B) recommendation of additional Federal or 
 international actions, including changes to 
 international and

[[Page 120 STAT. 3337]]

 domestic law or regulations, needed to further reduce 
 the impacts of marine debris; and
 (C) evaluation of the role of floating fish 
 aggregation devices in the generation of marine debris 
 and existing legal mechanisms to reduce impacts of such 
 debris, focusing on impacts in the Western Pacific and 
 Central Pacific regions.

SEC. 5. <<NOTE: 33 USC 1954.>> INTERAGENCY COORDINATION.

 (a) Interagency Marine Debris Coordinating Committee.--Section 2203 
of the Marine Plastic Pollution Research and Control Act of 1987 (33 
U.S.C. 1914) is amended--
 (1) by striking subsection (a) and inserting the following:

 ``(a) Establishment of Interagency Marine Debris Coordinating 
Committee.--There is established an Interagency Marine Debris 
Coordinating Committee to coordinate a comprehensive program of marine 
debris research and activities among Federal agencies, in cooperation 
and coordination with non-governmental organizations, industry, 
universities, and research institutions, States, Indian tribes, and 
other nations, as appropriate.''; and
 (2) in subsection (c), by inserting ``public, interagency'' 
 before ``forum''.

 (b) <<NOTE: Regulations.>> Definition of Marine Debris.--The 
Administrator and the Commandant of the Coast Guard, in consultation 
with the Interagency Committee established under subsection (a), shall 
jointly develop and promulgate through regulations a definition of the 
term ``marine debris'' for purposes of this Act.

 (c) Reports.--
 (1) Interagency report on marine debris impacts and 
 strategies.--
 (A) In general.--Not later than 12 months after the 
 date of the enactment of this Act, the Interagency 
 Committee, through the chairperson, shall complete and 
 submit to the Committee on Commerce, Science, and 
 Transportation of the Senate and the Committee on 
 Transportation and Infrastructure and the Committee on 
 Resources of the House of Representatives a report 
 that--
 (i) identifies sources of marine debris;
 (ii) the ecological and economic impact of 
 marine debris;
 (iii) alternatives for reducing, mitigating, 
 preventing, and controlling the harmful affects of 
 marine debris;
 (iv) the social and economic costs and 
 benefits of such alternatives; and
 (v) recommendations to reduce marine debris 
 both domestically and internationally.
 (B) Recommendations.--The report shall provide 
 strategies and recommendations on--
 (i) establishing priority areas for action to 
 address leading problems relating to marine 
 debris;
 (ii) developing strategies and approaches to 
 prevent, reduce, remove, and dispose of marine 
 debris, including through private-public 
 partnerships;
 (iii) establishing effective and coordinated 
 education and outreach activities; and

[[Page 120 STAT. 3338]]

 (iv) ensuring Federal cooperation with, and 
 assistance to, the coastal States (as that term is 
 defined in section 304 of the Coastal Zone 
 Management Act of 1972 (16 U.S.C. 1453)), Indian 
 tribes, and local governments in the 
 identification, determination of sources, 
 prevention, reduction, management, mitigation, and 
 control of marine debris and its adverse impacts.
 (2) Annual progress reports.--Not later than 3 years after 
 the date of the enactment of this Act, and biennially 
 thereafter, the Interagency Committee, through the chairperson, 
 shall submit to the Committee on Commerce, Science, and 
 Transportation of the Senate and the Committee on Transportation 
 and Infrastructure and the Committee on Resources of the House 
 of Representatives a report that evaluates United States and 
 international progress in meeting the purpose of this Act. The 
 report shall include--
 (A) the status of implementation of any 
 recommendations and strategies of the Interagency 
 Committee and analysis of their effectiveness;
 (B) a summary of the marine debris inventory to be 
 maintained by the National Oceanic and Atmospheric 
 Administration;
 (C) a review of the National Oceanic and Atmospheric 
 Administration program authorized by section 3, 
 including projects funded and accomplishments relating 
 to reduction and prevention of marine debris;
 (D) a review of Coast Guard programs and 
 accomplishments relating to marine debris removal, 
 including enforcement and compliance with MARPOL 
 requirements; and
 (E) estimated Federal and non-Federal funding 
 provided for marine debris and recommendations for 
 priority funding needs.

SEC. 6. <<NOTE: 33 USC 1955.>> FEDERAL INFORMATION CLEARINGHOUSE.

 The Administrator, in coordination with the Interagency Committee, 
shall--
 (1) maintain a Federal information clearinghouse on marine 
 debris that will be available to researchers and other 
 interested persons to improve marine debris source 
 identification, data sharing, and monitoring efforts through 
 collaborative research and open sharing of data; and
 (2) take the necessary steps to ensure the confidentiality 
 of such information (especially proprietary information), for 
 any information required by the Administrator to be submitted by 
 the fishing industry under this section.

SEC. 7. <<NOTE: 33 USC 1956.>> DEFINITIONS.

 In this Act:
 (1) Administrator.--The term ``Administrator'' means the 
 Administrator of the National Oceanic and Atmospheric 
 Administration.
 (2) Interagency committee.--The term ``Interagency 
 Committee'' means the Interagency Marine Debris Coordinating 
 Committee established under section 2203 of the Marine Plastic 
 Pollution Research and Control Act of 1987 (33 U.S.C. 1914).

[[Page 120 STAT. 3339]]

 (3) United states exclusive economic zone.--The term 
 ``United States exclusive economic zone'' means the zone 
 established by Presidential Proclamation Numbered 5030, dated 
 March 10, 1983, including the ocean waters of the areas referred 
 to as ``eastern special areas'' in article 3(1) of the Agreement 
 between the United States of America and the Union of Soviet 
 Socialist Republics on the Maritime Boundary, signed June 1, 
 1990.
 (4) MARPOL; annex v; convention.--The terms ``MARPOL'', 
 ``Annex V'', and ``Convention'' have the meaning given those 
 terms under section 2(a) of the Act to Prevent Pollution from 
 Ships (33 U.S.C. 1901(a)).
 (5) Navigable waters.--The term ``navigable waters'' means 
 waters of the United States, including the territorial sea.
 (6) Territorial sea.--The term ``territorial sea'' means the 
 waters of the United States referred to in Presidential 
 Proclamation No. 5928, dated December 27, 1988.
 (7) Program.--The term ``Program'' means the Marine Debris 
 Prevention and Removal Program established under section 3.
 (8) State.--The term ``State'' means--
 (A) any State of the United States that is impacted 
 by marine debris within its seaward or Great Lakes 
 boundaries;
 (B) the District of Columbia;
 (C) American Samoa, Guam, the Northern Mariana 
 Islands, Puerto Rico, and the Virgin Islands; and
 (D) any other territory or possession of the United 
 States, or separate sovereign in free association with 
 the United States, that is impacted by marine debris 
 within its seaward boundaries.

SEC. 8. <<NOTE: 33 USC 1957.>> RELATIONSHIP TO OUTER CONTINENTAL SHELF 
 LANDS ACT.

 Nothing in this Act supersedes, or limits the authority of the 
Secretary of the Interior under, the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.).

SEC. 9. <<NOTE: 33 USC 1958.>> AUTHORIZATION OF APPROPRIATIONS.

 There are authorized to be appropriated for each fiscal year 2006 
through 2010--
 (1) to the Administrator for carrying out sections 3 and 6, 
 $10,000,000, of which no more than 10 percent may be for 
 administrative costs; and
 (2) to the Secretary of the Department in which the Coast 
 Guard is operating, for the use of the Commandant of the

[[Page 120 STAT. 3340]]

 Coast Guard in carrying out section 4, $2,000,000, of which no 
 more than 10 percent may be used for administrative costs.

 Approved December 22, 2006.

LEGISLATIVE HISTORY--S. 362:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-332, Pt. 1 (Comm. on Resources) and Pt. 2 (Comm. 
on Transportation and Infrastructure).
SENATE REPORTS: No. 109-56 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD:
 Vol. 151 (2005):
 July 1, considered and passed 
 Senate.
 Vol. 152 (2006):
 Sept. 27, considered and passed 
 House, amended.
 Dec. 8, Senate concurred in House 
 amendment.

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