Section 1 Short title
This Act may be cited as the “Save Our Seas 2.0 Amendments Act”.
Save Our Seas 2.0 Amendments Act
AN ACT
To amend the Marine Debris Act to improve the administration of the Marine Debris Program of the National Oceanic and Atmospheric Administration, to improve the administration of the Marine Debris Foundation, and for other purposes.
Sec. 2 Modifications to the Marine Debris Program of the National Oceanic and Atmospheric Administration
Section 3(d) of the Marine Debris Act (33 U.S.C. 1952(d)) is amended—
in the subsection heading, by striking “and contracts” and inserting “contracts, and other agreements”;
in paragraph (1), by striking “and contracts” and inserting “, contracts, and other agreements”;
in paragraph (2)—
in subparagraph (B)—
by striking “part of the” and inserting “part of a”; and
by inserting “or (C)” after “subparagraph (A)”; and
in subparagraph (C), in the matter preceding clause (i), by inserting “and except as provided in subparagraph (B)” after “subparagraph (A)”; and
by adding at the end the following:
“(7) In-kind contributions—With respect to any project carried out pursuant to a contract or other agreement entered into under paragraph (1) that is not a cooperative agreement or an agreement to provide financial assistance in the form of a grant, the Under Secretary may contribute on an in-kind basis the portion of the costs of the project that the Under Secretary determines represents the amount of benefit the National Oceanic and Atmospheric Administration derives from the project.”
Sec. 3 Modifications to the Marine Debris Foundation
Status of Foundation— Section 111(a) of the Save Our Seas 2.0 Act (33 U.S.C. 4211(a)) is amended, in the second sentence, by striking “organization” and inserting “corporation”.
Purposes— Section 111(b)(3) of the Save Our Seas 2.0 Act (33 U.S.C. 4211(b)(3)) is amended by inserting “Indian Tribes,” after “Tribal governments,”.
Board of directors—
Appointment, vacancies, and removal— Section 112(b) of the Save Our Seas 2.0 Act (33 U.S.C. 4212(b)) is amended—
by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively;
by inserting before paragraph (2) the following:
“(1) Recommendations of Board regarding appointments—For appointments made under paragraph (2), the Board shall submit to the Under Secretary recommendations on candidates for appointment.”
in paragraph (2), as redesignated by subparagraph (A), in the matter preceding subparagraph (A)—
by striking “paragraph (2)” and inserting “paragraph (3)”;
by striking “and considering” and inserting “considering”; and
by inserting “under paragraph (1), and with the approval of the Secretary of Commerce” after “by the Board”;
by amending paragraph (3), as so redesignated, to read as follows:
“(3) Terms—Any Director appointed under paragraph (2) shall be appointed for a term of 6 years.”
in subparagraph (A) of paragraph (4), as so redesignated, by inserting “with the approval of the Secretary of Commerce” after “the Board”; and
in paragraph (6), as so redesignated—
by inserting “the Administrator of the United States Agency for International Development,” after “Service,”; and
by inserting “, and with the approval of the Secretary of Commerce” after “EPA Administrator”.
in paragraph (1)(A), by striking “officers and employees” and inserting “the initial officers and employees”; and
in paragraph (2)(B)(i), by striking “its chief operating officer” and inserting “the chief executive officer of the Foundation”.
Chief executive officer— Section 112 of the Save Our Seas 2.0 Act (33 U.S.C. 4212) is amended by adding at the end the following:
“(h) Chief executive officer
“(1) Appointment; removal; review—The Board shall appoint and review the performance of, and may remove, the chief executive officer of the Foundation.
“(2) Powers—The chief executive officer of the Foundation may appoint, remove, and review the performance of any officer or employee of the Foundation.”
Powers of Foundation— Section 113(c)(1) of the Save Our Seas 2.0 Act (33 U.S.C. 4213(c)(1)) is amended, in the matter preceding subparagraph (A)—
by inserting “nonprofit” before “corporation”; and
by striking “acting as a trustee” and inserting “formed”.
Principal office— Section 113 of the Save Our Seas 2.0 Act (33 U.S.C. 4213) is amended by adding at the end the following:
“(g) Principal office—The Board may locate the principal office of the Foundation in the National Capital Region, as such term is defined in section 2674(f)(2) of title 10, United States Code, or a coastal shoreline community.”
Best practices; rule of construction— Section 113 of the Save Our Seas 2.0 Act (33 U.S.C. 4213), as amended by subsection (e), is further amended by adding at the end the following:
“(h) Best practices for outreach to Indian Tribes
“(1) In general—The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes.
“(2) Requirements—The best practices developed under paragraph (1) shall—
“(A) include a process to support technical assistance and capacity building to improve outcomes; and
“(B) promote an awareness of programs and grants available under this Act.
“(i) Rule of construction—Nothing in this Act may be construed—
“(1) to satisfy any requirement for government-to-government consultation with Tribal governments; or
“(2) to affect or modify any treaty or other right of any Tribal government.”
Use of funds— Section 118(a)(2) of the Save Our Seas 2.0 Act (33 U.S.C. 4218(a)(2)) is amended by striking “and State and local government agencies” and inserting “, State and local government agencies, United States and international nongovernmental organizations, regional organizations, Indian Tribes, Tribal organizations, and foreign government entities”.
Sec. 4 Organization of Marine Debris Act
by inserting before section 3 the following:
“A National Oceanic and Atmospheric Administration and Coast Guard programs”
by redesignating sections 3 through 6 as sections 101 through 104, respectively;
by redesignating sections 7 through 10 as sections 131 through 134, respectively; and
by inserting before section 131, as redesignated by paragraph (3), the following:
“D Administration”
Marine Debris Foundation— Subtitle B of title I of the Save Our Seas 2.0 Act (33 U.S.C. 4211 et seq.) is—
transferred to the Marine Debris Act; and
inserted after section 104 of the Marine Debris Act, as redesignated by subsection (a)(2).
Genius Prize for Save Our Seas Innovations— Subtitle C of title I of the Save Our Seas 2.0 Act (33 U.S.C. 4231 et seq.) is—
transferred to the Marine Debris Act; and
inserted after section 119 of the Marine Debris Act, as transferred and inserted by subsection (b).
Sec. 5 Definitions
Section 131 of the Marine Debris Act, as redesignated by section 4(a)(3), is amended—
by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (10), (11), and (12), respectively;
by striking paragraph (1) and inserting the following:
“(1) Circular economy—The term circular economy has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224; 33 U.S.C. 4201 note).
“(2) Coastal shoreline community—The term coastal shoreline community means a city or county directly adjacent to the open ocean, a major estuary, or one of the Great Lakes.
“(3) EPA Administrator—The term EPA Administrator means the Administrator of the Environmental Protection Agency.”
by inserting after paragraph (6), as redesignated by paragraph (1), the following:
“(7) Non-federal funds—The term non-Federal funds means funds provided by—
“(A) a State;
“(B) an Indian Tribe;
“(C) a territory of the United States;
“(D) one or more units of local governments or Tribal organizations;
“(E) a foreign government;
“(F) a private for-profit entity;
“(G) a nonprofit organization; or
“(H) a private individual.
“(8) Nonprofit—The term nonprofit, with respect to a corporation or other organization, means the corporation or other organization is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.
“(9) Post-consumer materials management—The term post-consumer materials management has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224; 33 U.S.C. 4201 note).”
in paragraph (12), as so redesignated—
by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and
by inserting after subparagraph (A) the following:
“(B) Indian Tribe;”
by adding after paragraph (12), as so redesignated, the following:
“(13) Tribal government—The term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of the enactment of the Save Our Seas 2.0 Amendments Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
“(14) Tribal organization—The term Tribal organization has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(15) Under Secretary—The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration.”
Sec. 6 Conforming amendments
Marine Debris Act— The Marine Debris Act (33 U.S.C. 1951 et seq.), as amended by this Act, is further amended—
in section 103, as redesignated by section 4(a)(2)—
in subsection (d), in the matter preceding paragraph (1)—
by striking “Administrator of the National Oceanic and Atmospheric Administration” and inserting “Under Secretary”; and
by striking “Administrator of the Environmental Protection Agency” and insert “EPA Administrator”; and
in subsection (e)(3), by striking “section 3” and inserting “section 101”;
in subsection (b)(4) of section 111, as transferred by section 4(b), by striking “title III” and inserting “subtitle C”;
in subsection (a) of section 123, as transferred by section 4(c), by striking “title I” and inserting “subtitle B”;
in section 134, as redesignated by section 4(a)(3), by striking “Administrator of the Environmental Protection Agency” and inserting “EPA Administrator”; and
by striking “Administrator” each place it appears (other than in section 103(d)), 131, or 134, as redesignated by section 4(a)) and inserting “Under Secretary”.
Save Our Seas 2.0 Act— Section 2 of the Save Our Seas 2.0 Act (Public Law 116–224; 33 U.S.C. 4201 note) is amended—
by striking paragraph (7); and
by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively.