S. 216

S216 ENR: Save Our Seas 2.0 Amendments Act
 U.S. Senate
 text/xml
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
     One Hundred Nineteenth Congress of the United States of America
     1st Session
     Begun and held at the City of Washington on Friday, the third day of January, two thousand and twenty five
     S. 216
     IN THE SENATE OF THE UNITED STATES
     AN ACT
To amend the Save Our Seas 2.0 Act to improve the administration of the Marine Debris Foundation, to amend the Marine Debris Act to improve the administration of the Marine Debris Program of the National Oceanic and Atmospheric Administration, and for other purposes.
1.
Short title
This Act may be cited as the   Save Our Seas 2.0 Amendments Act  .
2.
Modifications to the marine debris program of the national oceanic and atmospheric administration
(a)
In general
The Marine Debris Act ( Public Law 109–449 ) is amended—
(1)
by inserting before section 3 the following:
A
NOAA And Coast Guard Programs
    ; and
(2)
by redesignating sections 3 through 6 as sections 101 through 104, respectively.
(b)
Grants, cooperative agreements, contracts, and other agreements
Section 101(d) of the Marine Debris Act ( 33 U.S.C. 1952(d) ), as redesignated by this Act, is amended—
(1)
in the subsection heading by striking
AND CONTRACTS   and inserting
CONTRACTS, AND OTHER AGREEMENTS  ;
(2)
in paragraph (1) by striking  and contracts  and inserting  , contracts, and other agreements ;
(3)
in paragraph (2)—
(A)
in subparagraph (B)—
(i)
by striking  part of the  and inserting  part of a ; and
(ii)
by inserting  or (C)  after  subparagraph (A) ; and
(B)
in subparagraph (C) in the matter preceding clause (i) by inserting  and except as provided in subparagraph (B)  after  subparagraph (A) ; and
(4)
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.
  .
3.
Modifications to the marine debris foundation
(a)
In general
Subtitle B of title I of the Save Our Seas 2.0 Act ( Public Law 116–224 ) is transferred to appear after section 104 of the Marine Debris Act ( Public Law 109–449 ), as redesignated by this Act.
(b)
Status of foundation
Section 111(a) of the Marine Debris Act ( Public Law 109–449 ), as transferred by this Act, is amended, in the second sentence, by striking  organization  and inserting  corporation .
(c)
Purposes
Section 111(b) of the Marine Debris Act ( Public Law 109–449 ), as transferred and redesignated by this Act, is amended—
(1)
in paragraph (3) by inserting  Indian Tribes,  after  Tribal governments, ; and
(2)
in paragraph (4) by striking  title II  and inserting  subtitle C .
(d)
Board of directors
(1)
Appointment, vacancies, and removal
Section 112(b) of the Marine Debris Act ( Public Law 109–449 ), as transferred by this Act, is amended—
(A)
by redesignating paragraphs (1) through (5) as paragraphs (2) through (6) respectively;
(B)
by inserting before paragraph (2), as redesignated, 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.
  ;
(C)
in paragraph (2), as redesignated, in the matter preceding subparagraph (A)—
(i)
by striking  and considering  and inserting  considering ; and
(ii)
by inserting  and with the approval of the Secretary of Commerce,  after  by the Board, ;
(D)
by amending paragraph (3), as redesignated, to read as follows:
(3)
Terms
Any Director appointed under paragraph (2) shall be appointed for a term of 6 years.
  ;
(E)
in paragraph (4)(A), as redesignated, by inserting  with the approval of the Secretary of Commerce  after  the Board ; and
(F)
in paragraph (6), as redesignated—
(i)
by inserting  the Administrator of the United States Agency for International Development,  after  Service, ; and
(ii)
by inserting  and with the approval of the Secretary of Commerce  after  EPA Administrator .
(2)
General powers
Section 112(g) of the Marine Debris Act ( Public Law 109–449 ), as transferred by this Act, is amended—
(A)
in paragraph (1)(A) by striking  officers and employees  and inserting  the initial officers and employees ; and
(B)
in paragraph (2)(B)(i) by striking  its chief operating officer  and inserting  the chief executive officer of the Foundation .
(3)
Chief executive officer
Section 112 of the Marine Debris Act ( Public Law 109–449 ), as transferred by this Act, 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.
  .
(e)
Powers of foundation
Section 113(c)(1) of the Marine Debris Act ( Public Law 109–449 ), as transferred by this Act, is amended in the matter preceding subparagraph (A)—
(1)
by inserting  nonprofit  before  corporation ; and
(2)
by striking  acting as a trustee  and inserting  formed .
(f)
Principal office
Section 113 of the Marine Debris Act ( Public Law 109–449 ), as transferred by this Act, is amended by adding at the end the following:
(g)
Principal office
The Board shall 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.
  .
(g)
Best practices; rule of construction
Section 113 of the Marine Debris Act ( Public Law 109–449 ), as transferred by this Act and amended by subsection (e), is further amended by adding at the end the following:
(h)
Best practices
(1)
In general
The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes and Tribal Governments.
(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.
  .
(h)
Authorization of appropriations
Section 118(a) of the Marine Debris Act ( Public Law 109–449 ), as transferred by this Act, is amended—
(1)
in paragraph (1), by inserting  and $2,000,000 for fiscal year 2025  after  through 2024 ; and
(2)
in paragraph (2), by striking  and State and local government agencies  and inserting  , State and local government agencies, regional organizations, Indian Tribes, Tribal organizations, and foreign governments .
(i)
Reauthorization
Section 9(a) of the Marine Debris Act ( Public Law 109–449 ) is amended by striking  for  the first place it appears and all that follows through  carrying out  and inserting  for each of fiscal years 2018 through 2029 for carrying out .
4.
Transfers
(a)
Save our seas 2.0 act
Subtitle C of title I of the Save Our Seas 2.0 Act ( Public Law 116–224 ) is transferred to appear after section 119 of the Marine Debris Act ( Public Law 109–449 ) as transferred and redesignated by this Act.
(b)
Marine debris act
The Marine Debris Act ( Public Law 109–449 ) is amended—
(1)
by transferring sections 7, 8, 9 (as amended), and 10 to appear after section 127, as transferred by this Act, and redesignated as sections 131, 132, 133, and 134, respectively; and
(2)
by inserting before section 131, as so transferred and redesignated, the following:
D
Administration
    .
5.
Definitions
(a)
In general
Section 131 of the Marine Debris Act ( Public Law 109–449 ), as transferred and redesignated by this Act, is amended—
(1)
by striking paragraph (1);
(2)
by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (5), (6), (7), (11), (12), and (13), respectively;
(3)
by inserting before paragraph (5), as so redesignated, 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 ).
(2)
Coastal shoreline community
The term  coastal shoreline community  means a city or county directly adjacent to the open ocean, major estuaries, or the Great Lakes.
(3)
EPA administrator
The term  EPA Administrator  has the meaning given such term in section 2 of the Save Our Seas 2.0 Act ( Public Law 116–224 ).
(4)
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)
by inserting before paragraph (11), as so redesignated, the following:
(9)
Nonprofit organization
The term  nonprofit organization  has the meaning given such term in section 2 of the Save Our Seas 2.0 Act ( Public Law 116–224 ).
(10)
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 ).
  ;
(5)
by inserting after paragraph (13), as so redesignated, the following:
(14)
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 ).
(15)
Tribal organization
The term  Tribal organization  has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).
(16)
Under secretary
The term  Under Secretary  has the meaning given such term in section 2 of the Save Our Seas 2.0 Act ( Public Law 116–224 ).
  ; and
(6)
in paragraph (13), as so redesignated—
(A)
by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); and
(B)
by inserting after subparagraph (A) the following:
(B)
Indian Tribe;
  .
(b)
Transfer
(1)
In general
Section 2(7) of the Save Our Seas 2.0 Act ( Public Law 116–224 ) is transferred to section 131 of the Marine Debris Act ( Public Law 109–449 ), inserted after paragraph (7) (as redesignated), and redesignated as paragraph (8).
(2)
Redesignation
Section 2 of the Save Our Seas 2.0 Act ( Public Law 116–224 ) is amended by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively.
(c)
Non-Federal funds
Paragraph (8)(D) of section 131 of the Marine Debris Act ( Public Law 109–449 ), as transferred and redesignated by this Act, is amended by striking  (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) .
6.
Conforming amendments
(a)
In general
Sections 1 and 2 of the Marine Debris Act, sections 101, 102, and 104 of the Marine Debris Act, as redesignated by this Act, and section 133 of the Marine Debris Act, as transferred and so redesignated by this Act, are amended by striking  Administrator  and inserting  Under Secretary .
(b)
Section 103
Section 103 of the Marine Debris Act is amended by—
(1)
striking  Administrator of the National Oceanic and Atmospheric Administration  and inserting  Under Secretary ;
(2)
striking  Administrator of the Environmental Protection Agency  and inserting  EPA Administrator ; and
(3)
in subsection (e)(3) by striking  section 3  and inserting  section 101 .
(c)
Section 123
Section 123 of the Marine Debris Act, as transferred and so redesignated by this Act, is amended by striking  title I  and inserting  subtitle B .
(d)
Section 133
Section 133 of the Marine Debris Act, as transferred and so redesignated by this Act, is amended by striking  sections 3, 5, and 6  and inserting  sections 101, 103, and 104 .
(e)
Section 134
Section 134 of the Marine Debris Act, as transferred and so redesignated by this Act, is amended by striking  Administrator of the Environmental Protection Agency  and inserting  EPA Administrator .
(f)
Tribal Government
Subtitle A of the Marine Debris Act, as designated in this Act, is amended by striking  tribal government  and inserting  Tribal Government .
       Speaker of the House of Representatives
       Vice President of the United States and President of the Senate