[Senate Report 112-151]
[From the U.S. Government Publishing Office]
Calendar No. 330
112th Congress Report
2d Session SENATE 112-151
_______________________________________________________________________
THE NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE REAUTHORIZATION
ACT OF 2011
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 962
February 27, 2012.--Ordered to be printed
_________
U.S. GOVERNMENT PRINTING OFFICE
19-010 WASHINGTON : 2012
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred twelfth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico MARCO RUBIO, Florida
MARK WARNER, Virginia KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska DEAN HELLER, Nevada
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
John Williams, General Counsel
Todd Bertoson, Republican Staff Director
Jarrod Thompson, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 330
112th Congress Report
SENATE
2d Session 112-151
======================================================================
THE NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE REAUTHORIZATION
ACT OF 2011
_______
February 27, 2012.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 962]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 962) to reauthorize the
Northwest Straits Marine Conservation Initiative Act to promote
the protection of the resources of the Northwest Straits, and
for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose of the Bill
The purpose of S. 962, the Northwest Straits Marine
Conservation Initiative Reauthorization Act of 2011, is to
reauthorize the Northwest Straits Marine Conservation
Initiative Act to protect the resources of the Northwest
Straits (NWS).
Background and Needs
Congress authorized the Northwest Straits Marine Conservation
Initiative (112 Stat. 3458) (Initiative) in 1998 to coordinate
Federal, State, and local marine resource protection and
restoration activities in the NWS. The NWS region includes the
U.S. marine waters of the Strait of Juan de Fuca, the San Juan
Islands, and northern Puget Sound reaching from the southern
borders of Snohomish and Jefferson counties (in the State of
Washington) to the Canadian border. Seven counties, 15 tribes,
many cities, and other local governments have jurisdiction in
the region, and the region is home to 1.16 million people.
Iconic species like Pacific salmon, Puget Sound southern
resident orca, western grebe, and rockfish all depend on a
healthy NWS ecosystem as does the State's fishing and wildlife
viewing industry. Damage to shoreline habitat, disturbed
ecological processes, and impaired water quality are harming
the marine ecosystem, and the area is experiencing declines in
highly valued marine species.
The Initiative established the Northwest Straits Commission
(Commission). The Commission consists of five gubernatorial
representatives, one tribal representative appointed by the
Secretary of the Interior, and one representative from each of
the Marine Resource Committees (MRCs). At the core of the
Initiative are seven locally-based MRCs created in each of the
NWS counties: Clallam, Island, Jefferson, San Juan, Skagit,
Snohomish, and Whatcom. The Commission and the MRCs bring
local, tribal, State, community, organizational, and citizen
interests together to protect and restore the marine
environment. Each MRC is citizen-based and created by county
ordinance. The members of each MRC are appointed by their
county commission or council. Each MRC includes representatives
from commercial, recreational, scientific, educational, and
environmental interests, as well as local and tribal
governments. The MRC members set priorities and design marine
restoration and protection projects, provide stewardship
information to local residents, and work in cooperation with
the local elected officials. MRCs receive funds and support
from the Commission to carry out programs that meet the
Initiative's benchmarks. MRCs use existing State and local
authorities, and base their actions on sound scientific
information and the overall needs of the ecosystem.
MRCs coordinate their activities through the Commission,
which provides technical assistance, integrates scientific
information, develops ecosystem-level coordination, and
coordinates funding. Five performance benchmarks help partners
guide project development and evaluate the Initiative's
progress. These benchmarks are: (1) protect and restore marine,
coastal, and nearshore habitats, prevent loss, and achieve a
net gain of healthy habitat areas; (2) protect and restore
marine populations to healthy, sustainable levels; (3) protect
marine water quality of the NWS region, and restore the health
of marine waters; (4) collect high quality data and promote its
use and dissemination; and (5) promote stewardship and
understanding of NWS marine resources through education and
outreach. In addition to the Commission and MRCs, the
Initiative is supported by the Northwest Straits Foundation, a
non-profit organization established to leverage additional
funds for the Initiative's scientific, restoration, and
education projects.
Congress mandated a program review, and in 2004, an
evaluation panel of national experts recommended continued
Federal authorization and expanded support for the Initiative.
Summary of Provisions
S. 962 would reauthorize the Initiative. The Commission would
be composed of up to 14 members, each appointed to represent
the diversity of local and Federal interests in the Initiative.
The Commission would select a Chairperson from among its
members. An employee of the National Oceanic and Atmospheric
Administration (NOAA) would serve as liaison to the Commission.
The goal of the Commission would be to protect and restore
the marine waters, habitats, and species of the NWS region to
achieve ecosystem health and sustainable resource use by
designing and initiating projects, building stewardship, and
expanding partnerships. The duties of the Commission would
include such actions as: monitoring ecosystem health;
identifying adverse factors affecting restoration and health;
developing scientifically sound restoration and protection
recommendations; and serving as a public forum and facilitator
for local concerns, issues, and solutions with the aim of
restoration and protection of the marine resources in the area.
The Commission would be directed to prepare an annual report to
the Committee on Commerce, Science, and Transportation in the
Senate and the Committee on Energy and Commerce of the House of
Representatives describing the activities completed during the
previous year and the progress made in achieving the
Commission's protection and restoration benchmarks and goals.
S. 962 would provide for the hiring of a director for the
Commission (and the provision of staff) to enable the
Commission to perform its duties. It would also authorize the
government of each of the seven counties in the NWS region to
establish an MRC. Each MRC would address issues affecting the
marine ecosystems within its county with the support of the
local government. Membership in each MRC would include members
with relevant scientific expertise and representatives of all
the different stakeholder groups. Each MRC would select a
chairperson from among its members, and this position would be
rotating. It also directs the MRCs to work to fulfill the goals
and duties of the Commission, to work on a local level to
coordinate marine conservation and restoration initiatives, and
to educate the public about the connection between healthy
marine habitats, harvestable resources, and human activities.
Legislative History
S. 962 was introduced by Senator Murray on May 12, 2011.
Senator Cantwell is a cosponsor of the legislation. The
Committee ordered the bill to be reported without amendment
favorably at its Executive Session on June 8, 2011. In the
111th Congress, the Committee reported favorably S. 668, a bill
identical to S. 962 except for the dates of authorization, on
July 8, 2009.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 962--Northwest Straits Marine Conservation Initiative
Reauthorization Act of 2011
S. 962 would reauthorize the Northwest Straits Marine
Conservation Initiative Act and codify aspects of the
initiative, including the composition and goals of the
Northwest Straits Advisory Commission. The bill also would
require the commission to submit an annual report to the
Congress regarding its activities. Assuming appropriation of
the necessary amounts, CBO estimates that implementing S. 962
would cost approximately $2 million a year over the 2012-2016
period. Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
The Northwest Straits Initiative is an intergovernmental
partnership that restores and protects marine resources along
the northwest coast of Washington state. The initiative is led
by the Northwest Straits Advisory Commission, composed of
federal, state, and county representatives; the commission
provides resources and support to county governments working to
achieve the goals of the Northwest Straits Initiative.
Authorization for the Northwest Straits Initiative expired
in 2004. In recent years, the initiative has received
appropriations ranging from $1 million to $2 million annually.
S. 962 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contacts for this estimate are Dubary Brea
and Jeff LaFave. The estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The reported bill would not authorize any new regulations,
and therefore will not subject any individuals or businesses to
new regulations.
ECONOMIC IMPACT
The bill, as reported, would have a modest positive economic
impact through improved resource management that would support
Washington's fishing and wildlife viewing industries.
PRIVACY
The reported bill would have little, if any, impact on the
personal privacy of U.S. citizens.
PAPERWORK
The reported bill would not increase paperwork requirements
for the private sector. NOAA paperwork requirements would
likely increase slightly as a result of the enhanced
authorities and rulemaking and reporting requirements provided
in the bill.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short Title.
This section would provide that the legislation be cited as
the ``Northwest Straits Marine Conservation Initiative
Reauthorization Act of 2011''.
Section 2. Reauthorization of Northwest Straits Marine Conservation
Initiative Act.
This section would amend the Northwest Straits Marine
Conservation Initiative Act (112 Stat. 3458) by striking
sections 403 through 405 of the current Act, inserting new
language to those sections, and creating new sections 406
through 410 as follows:
Section 403. Findings.
This section would identify key findings of the bill
concerning the Initiative and the marine waters and ecosystem
of the NWS.
Section 404. Definitions.
This section would define the terms ``Commission'', ``Indian
tribe'', and ``Northwest Straits''.
Section 405. Membership of the Commission.
This section would set forth requirements concerning the
membership of the Commission. The Commission would be composed
of up to 14 members. One member would be appointed by members
of the MRC established under section 408, two members would be
appointed by the Secretary of the Interior, and one member
would be appointed by the Governor of the State of Washington
to represent the interests of the Puget Sound Partnership. The
Governor would also appoint four other members who would be
residents of the State of Washington and not employed by a
Federal, State, or local government. The section would also set
forth requirements concerning the filling of Commission
vacancies and the selection of the Chairperson of the
Commission. Additionally, the section would require the
Commission to meet at the call of the Chairperson (though not
less frequently than quarterly) and require the Secretary of
Commerce to appoint a liaison to the Commission from NOAA.
Section 406. Goal and Duties of the Commission.
This section would define the goal and duties of the
Commission. The goal of the Commission would be to protect and
restore the marine waters, habitats, and species of the NWS
region to achieve ecosystem health and sustainable resource use
through project design and initiation. The duties of the
Commission would include such actions as monitoring ecosystem
health; identifying adverse factors affecting restoration and
health; developing scientifically sound restoration and
protection recommendations; and serving as a public forum and
facilitator for local concerns, issues, and solutions with the
aim of restoring and protecting the marine resources in the
area. The Commission would prepare an annual report describing
the activities completed during the previous year and the
progress made in achieving the Commission's protection and
restoration benchmarks and goals.
Section 407. Commission Personnel and Administrative Matters.
This section would provide for the appointment of Commission
personnel and other administrative matters. It would establish
the Director of the Commission as a paid position with the
responsibility to hire such personnel as appropriate to enable
the Commission to perform its duties. The Commission would be
required to use the administrative services of the State of
Washington Department of Ecology and Padilla Bay National
Estuarine Research Reserve for employment, procurement, grant
and fiscal management, and support services necessary to carry
out the duties of the Commission if consent is given by the
Governor of the State of Washington.
Section 408. Marine Resources Committees.
This section would allow the governments of each of the seven
counties in the NWS region to establish a MRC. Each MRC would
address issues affecting the marine ecosystems within its
county with the support of the local government. Each MRC would
include persons with relevant scientific expertise and
representatives of all appropriate stakeholder groups,
including one member from each Indian tribe with fishing rights
in the waters of such county or reservation lands in such
county. Each MRC would select a chairperson from among its
members, which would be a rotating position. MRCs would work to
fulfill the goal and duties of the Commission, to coordinate
local marine conservation and restoration initiatives, and to
educate the public about the connection between healthy marine
habitats, harvestable resources, and human activities.
Section 409. Northwest Straits Marine Conservation Foundation.
This section would permit the Director of the Commission and
the Director of the Padilla Bay National Estuarine Research
Reserve to establish a nonprofit foundation to support the
Commission and the MRCs in carrying out their duties.
Section 410. Authorization of Appropriations.
This section would authorize to be appropriated to the
Secretary of Commerce such sums as may be necessary to carry
out the provisions of the Northwest Straits Marine Conservation
Initiative Act.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE ACT
[Title IV of Public Law 105-384; 112 Stat. 3458]
SEC. 402. ESTABLISHMENT.
There is established a commission to be known as the
Northwest Straits Advisory [Commission (in this title referred
to as the ``Commission'').] Commission.
[SEC. 403. ORGANIZATION AND OPERATION.
[The Commission shall be organized and operated in accordance
with the provisions of the Northwest Straits Citizen's Advisory
Commission Report of August 20, 1998, on file with the
Secretary of Commerce (in this title referred to as the
``Report'').
[SEC. 404. FUNDING.
[(a) In General.--The Secretary of Commerce may, from amounts
available to the Secretary to carry out the work of the
Commission, provide assistance for use in accordance with the
Report and the priorities of the Commission--
[(1) to collect marine resources data in the
Northwest Straits;
[(2) to coordinate Federal, State, and local marine
resources protection and restoration activities in the
Northwest Straits; and
[(3) to carry out other activities identified in the
Report as important to the protection and restoration
of marine resources in the Northwest Straits.
[(b) Provision.--The Secretary may provide the assistance
authorized by subsection (a) through the Director of the
Padilla Bay National Estuarine Research Reserve, unless the
Governor of the State of Washington objects. If the Governor
objects, then the Secretary may provide the assistance through
the Administrator of the National Oceanic and Atmospheric
Administration.
[SEC. 405. LIMITATION.
[Nothing in this title provides the Commission with the
authority to implement any Federal law or regulation.]
SEC. 403. FINDINGS.
Congress makes the following findings:
(1) The marine waters and ecosystem of the Northwest
Straits in Puget Sound in the State of Washington
represent a unique resource of enormous environmental
and economic value to the people of the United States.
(2) During the 20th century, the environmental health
of the Northwest Straits declined dramatically as
indicated by impaired water quality, declines in marine
wildlife, collapse of harvestable marine species, loss
of critical marine habitats, ocean acidification, and
sea level rise.
(3) At the start of the 21st century, the Northwest
Straits have been threatened by sea level rise, ocean
acidification, and other effects of climate change.
(4) This Act was enacted to tap the unprecedented
level of citizen stewardship demonstrated in the
Northwest Straits and create a mechanism to mobilize
public support and raise capacity for local efforts to
protect and restore the ecosystem of the Northwest
Straits.
(5) The Northwest Straits Marine Conservation
Initiative helps the National Oceanic and Atmospheric
Administration and other Federal agencies with their
marine missions by fostering local interest in marine
issues and involving diverse groups of citizens.
(6) The Northwest Straits Marine Conservation
Initiative shares many of the same goals with the
National Oceanic and Atmospheric Administration,
including fostering citizen stewardship of marine
resources, general ecosystem management, and protecting
federally managed marine species.
(7) Ocean literacy and identification and removal of
marine debris projects are examples of on-going
partnerships between the Northwest Straits Marine
Conservation Initiative and the National Oceanic and
Atmospheric Administration.
SEC. 404. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the
Northwest Straits Advisory Commission established by
section 402.
(2) 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. 450b).
(3) Northwest straits.--The term ``Northwest
Straits'' means the marine waters of the Strait of Juan
de Fuca and of Puget Sound from the Canadian border to
the south end of Snohomish County.
SEC. 405. MEMBERSHIP OF THE COMMISSION.
(a) Composition.--The Commission shall be composed of up to
14 members who shall be appointed as follows:
(1) One member appointed by a consensus of the
members of a marine resources committee established
under section 408 for each of the following counties of
the State of Washington:
(A) San Juan County.
(B) Island County.
(C) Skagit County.
(D) Whatcom County.
(E) Snohomish County.
(F) Clallam County.
(G) Jefferson County.
(2) Two members appointed by the Secretary of the
Interior in trust capacity and in consultation with the
Northwest Indian Fisheries Commission or the Indian
tribes affected by this title collectively, as the
Secretary of the Interior considers appropriate, to
represent the interests of such tribes.
(3) One member appointed by the Governor of the State
of Washington to represent the interests of the Puget
Sound Partnership.
(4) Four members appointed by the Governor of the
State of Washington who--
(A) are residents of the State of Washington;
and
(B) are not employed by a Federal, State, or
local government.
(b) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(c) Chairperson.--The Commission shall select a Chairperson
from among its members.
(d) Meeting.--The Commission shall meet at the call of the
Chairperson, but not less frequently than quarterly.
(e) Liaison.--
(1) In general.--The Secretary of Commerce shall,
acting through the Under Secretary for Oceans and
Atmosphere and in consultation with the Director of the
Commission appointed under section 407(a), appoint an
employee of the National Oceanic and Atmospheric
Administration--
(A) to serve as a liaison between the
Commission and the Department of Commerce; and
(B) to attend meetings and other events of
the Commission as a nonvoting participant.
(2) Limitation.--Service as a member of the
Commission by the employee appointed under paragraph
(1)--
(A) is limited to the employee's service as a
liaison and attendance of meetings and other
events as a nonvoting participant; and
(B) does not obligate the employee to perform
any duty of the Commission under section
406(b).
SEC. 406. GOAL AND DUTIES OF THE COMMISSION.
(a) Goal.--The goal of the Commission is to protect and
restore the marine waters, habitats, and species of the
Northwest Straits region to achieve ecosystem health and
sustainable resource use by--
(1) designing and initiating projects that are driven
by sound science, local priorities, community-based
decisions, and the ability to measure results;
(2) building awareness and stewardship and making
recommendations to improve the health of the Northwest
Straits marine resources;
(3) maintaining and expanding diverse membership and
partner organizations;
(4) expanding partnerships with governments of Indian
tribes and continuing to foster respect for tribal
cultures and treaties; and
(5) recognizing the importance of economic and social
benefits that are dependent on marine environments and
sustainable marine resources.
(b) Duties.--The duties of the Commission are the following:
(1) To provide resources and technical support for
marine resources committees established under section
408.
(2) To work with such marine resources committees and
appropriate entities of Federal and State governments
and Indian tribes to develop programs to monitor the
overall health of the marine ecosystem of the Northwest
Straits.
(3) To identify factors adversely affecting or
preventing the restoration of the health of the marine
ecosystem and coastal economies of the Northwest
Straits.
(4) To develop scientifically sound restoration and
protection recommendations, informed by local
priorities, that address such factors.
(5) To assist in facilitating the successful
implementation of such recommendations by developing
broad support among appropriate authorities,
stakeholder groups, and local communities.
(6) To develop and implement regional projects based
on such recommendations to protect and restore the
Northwest Straits ecosystem.
(7) To serve as a public forum for the discussion of
policies and actions of Federal, State, or local
government, an Indian tribe, or the Government of
Canada with respect to the marine ecosystem of the
Northwest Straits.
(8) To inform appropriate authorities and local
communities about the marine ecosystem of the Northwest
Straits and about issues relating to the marine
ecosystem of the Northwest Straits.
(9) To consult with all affected Indian tribes in the
region of the Northwest Straits to ensure that the work
of the Commission does not violate tribal treaty
rights.
(c) Benchmarks.--The Commission shall carry out its duties in
a manner that promotes the achieving of the benchmarks
described in subsection (f)(2).
(d) Coordination and Collaboration.--The Commission shall
carry out the duties described in subsection (b) in
coordination and collaboration, when appropriate, with Federal,
State, and local governments and Indian tribes.
(e) Regulatory Authority.--The Commission shall have no power
to issue regulations.
(f) Annual Report.--
(1) In general.--Each year, the Commission shall
prepare, submit to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on
Energy and Commerce of the House of Representatives,
and the Under Secretary for Oceans and Atmosphere, and
make available to the public an annual report
describing--
(A) the activities carried out by the
Commission during the preceding year; and
(B) the progress of the Commission in
achieving the benchmarks described in paragraph
(2).
(2) Benchmarks.--The benchmarks described in this
paragraph are the following:
(A) Protection and restoration of marine,
coastal, and nearshore habitats.
(B) Prevention of loss and achievement of a
net gain of healthy habitat areas.
(C) Protection and restoration of marine
populations to healthy, sustainable levels.
(D) Protection of the marine water quality of
the Northwest Straits region and restoration of
the health of marine waters.
(E) Collection of high-quality data and
promotion of the use and dissemination of such
data.
(F) Promotion of stewardship and
understanding of Northwest Straits marine
resources through education and outreach.
SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS.
(a) Director.--The Manager of the Shorelands and
Environmental Assistance Program of the Department of Ecology
of the State of Washington may, upon the recommendation of the
Commission and the Director of the Padilla Bay National
Estuarine Research Reserve, appoint and terminate a Director of
the Commission. The employment of the Director shall be subject
to confirmation by the Commission.
(b) Staff.--The Director may hire such other personnel as may
be appropriate to enable the Commission to perform its duties.
Such personnel shall be hired through the personnel system of
the Department of Ecology of the State of Washington.
(c) Administrative Services.--If the Governor of the State of
Washington makes available to the Commission the administrative
services of the State of Washington Department of Ecology and
Padilla Bay National Estuarine Research Reserve, the Commission
shall use such services for employment, procurement, grant and
fiscal management, and support services necessary to carry out
the duties of the Commission.
SEC. 408. MARINE RESOURCES COMMITTEES.
(a) In General.--The government of each of the counties
referred to in subparagraphs (A) through (G) of section
405(a)(1) may establish a marine resources committee that--
(1) complies with the requirements of this section;
and
(2) receives from such government the mission,
direction, expert assistance, and financial resources
necessary--
(A) to address issues affecting the marine
ecosystems within its county; and
(B) to work to achieve the benchmarks
described in section 406(f)(2).
(b) Membership.--
(1) In general.--Each marine resources committee
established pursuant to this section shall be composed
of--
(A) members with relevant scientific
expertise; and
(B) members that represent balanced
representation, including representation of--
(i) local governments, including
planning staff from counties and cities
with marine shorelines;
(ii) affected economic interests,
such as ports and commercial fishers;
(iii) affected recreational
interests, such as sport fishers; and
(iv) conservation and environmental
interests.
(2) Tribal members.--With respect to a county
referred to in subparagraph (A) through (G) of section
405(a)(1), each Indian tribe with usual and accustomed
fishing rights in the waters of such county and each
Indian tribe with reservation lands in such county, may
appoint one member to the marine resources committee
for such county. Such member may be appointed by the
respective tribal authority.
(3) Chairperson.--
(A) In general.--Each marine resources
committee established pursuant to this section
shall select a chairperson from among members
by a majority vote of the members of the
committee.
(B) Rotating position.--Each marine resources
committee established pursuant to this section
shall select a new chairperson at a frequency
determined by the county charter of the marine
resources committee to create a diversity of
representation in the leadership of the marine
resources committee.
(c) Duties.--The duties of a marine resources committee
established pursuant to this section are the following:
(1) To assist in assessing marine resource problems
in concert with governmental agencies, tribes, and
other entities.
(2) To assist in identifying local implications,
needs, and strategies associated with the recovery of
Puget Sound salmon and other species in the region of
the Northwest Straits listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) in
coordination with Federal, State, and local
governments, Indian tribes, and other entities.
(3) To work with other entities to enhance the
scientific baseline and monitoring program for the
marine environment of the Northwest Straits.
(4) To identify local priorities for marine resource
conservation and develop new projects to address those
needs.
(5) To work closely with county leadership to
implement local marine conservation and restoration
initiatives.
(6) To coordinate with the Commission on marine
ecosystem objectives.
(7) To educate the public and key constituencies
regarding the relationship between healthy marine
habitats, harvestable resources, and human activities.
SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION.
(a) Establishment.--The Director of the Commission and the
Director of the Padilla Bay National Estuarine Research Reserve
may enter into an agreement with an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 to
establish a nonprofit foundation to support the Commission and
the marine resources committees established under section 408
in carrying out their duties under this Act.
(b) Designation.--The foundation authorized by subsection (a)
shall be known as the ``Northwest Straits Marine Conservation
Foundation''.
(c) Receipt of Grants.--The Northwest Straits Marine
Conservation Foundation may, if eligible, apply for, accept,
and use grants awarded by Federal agencies, States, local
governments, regional agencies, interstate agencies,
corporations, foundations, or other persons to assist the
Commission and the marine resources committees in carrying out
their duties under this Act.
(d) Transfer of Funds.--The Northwest Straits Marine
Conservation Foundation may transfer funds to the Commission or
the marine resources committees to assist them in carrying out
their duties under this Act.
SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for the use of the Commission such sums as may be
necessary to carry out the provisions of this title.