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Posts Tagged ‘National Ocean Policy

Florida’s Senator Rubio proposes to prohibit all funding to make governing oceans and coasts more efficient

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ANALYSIS:

Senator Marco Rubio image

Senator Marco Rubio is the Ranking member on the Senate Commerce Committee, Subcommittee on Ocean, Atmosphere, Fisheries and Coast Guard – an important role for ensuring the efficient and effective management of our oceans and coasts. It is a disturbing early step by Senator Rubio in the 113th Congress to defund all programs addressed by E.O. 13547 which implement the National Ocean Policy, including those efforts to make ocean governance more efficient and cost effective.Senator Marco Rubio (R-FL), has introduced an amendment to the 2013 continuing resolution – the bill which would fund the federal government for the remainder of FY2013 – which would trip away all funding used to implement items within President Obama’s Executive Order E.O. 13547.

For those only paying the minimal amount of attention to DC politics, cutting funding to implement an Obama Administration policy might seem like an effort to cut back on programs that Republicans see as wasteful and outside the intended reach of the federal government. However, this ham-handed approach not only would frustrate interests of the Obama Administration, it would greatly hamper efforts which Republicans regularly support – improved coordination to reduce waste and duplication in government programs.

Rubio’s amendment (#102 to bill H.R. 933) is a blunt legislative tool that could eliminate such things as multiagency coordination for marine debris cleanups (remember the 3-11 tsunami disaster?  We’re far from done addressing the aftermath of that event on our coasts and the mariners who operate on the open seas.), protection of our ever diminishing coral reef habitats, or any number of themes which fall across agency boundaries and require improved planning and coordination if the Executive side of government hopes to have any chance to unwind the overlapping policy responsibilities and corresponding budgets created by a patchwork of laws passed by Congress over the last 40 years.

There have been similar sloppy legislative efforts by Rep. Bil Flores (R-TX) to block all funding relating to the “national ocean policy” promoted by the Obama Administration, but this is the first time I’ve seen that the short sighted efforts  mirrored on the Senate side.

One can only hope that with time the junior Senator from Florida’s drafting of legislation will improve and address substantive issues, rather than blunt language replete with unintended consequences. As Senator Rubio holds a new position as ranking member on the Senate Commerce Committee Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, he is in great position to use the Committee’s professional staff to better understand the implications of language he introduces.

Florida is an important coastal state – important to the people of Florida and important to the nation. I hope that as the 113th Congress continues Senator Rubio takes the time to review the broad reaching impacts of legislation, even legislation as short as amendment #102 in the FY2013 continuing resolution.

Florida enjoys both the beauty and bounty of the Atlantic and the Gulf of Mexico. Along with those resources comes a collection of issues that need addressing if Florida residents and the millions of visitors who enjoy her shores are going to be able to continue to seek pleasure and economic prosperity from the state’s coasts. A number of the challenges facing Florida today cross multiple federal agencies statutory areas of responsibility (not to mention significant overlap with state of county agencies) and are challenging to coordinate.

Eliminating funding for programs the Presidential Executive Order would use as tools to address some of those inefficiencies is short sighted and poorly crafted legislation.

The language of the Rubio amendment as introduced:

SA 102. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill H.R. 933, making appropriations for the Department of Defense, the Department of Veterans Affairs, and other departments and agencies for the fiscal year ending September 30, 2013, and for other purposes; which was ordered to lie on the table; as follows:

     At the appropriate place, insert the following:

    Sec. __. None of the funds appropriated or otherwise made available by this Act may be obligated or expended to carry out Executive Order No. 13547, relating to Stewardship of the Ocean, Our Coasts, and the Great Lakes.

 

The author of this blog is a scientist by training and the owner of W.H. Nuckols Consulting, an environmental policy, government relations and strategic communications firm in Washington, DC.
A bio for Mr. Nuckols is located at www.WilliamHNuckols.com

You can follow Will Nuckols on Twitter at @enviroxpert and on Pinterest at http://pinterest.com/willnuckols/

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Hurricane Sandy relief bill passes Senate. Provides important aid but House R’s efforts to strip out $ for planning to rebuild survive.

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Tonight the Hurricane Sandy emergency funding bill from the House of Representatives H.R.152 : Disaster Relief Appropriations Act, 2013, was taken up in the Senate with limited debate – quite limited. The bill passed the Senate with 62 votes, a bipartisan rare success in DC, with nine Republicans joining 53 Democrats.

NASA image of Hurricane Sandy

NASA satellite image of Hurricane Sandy which resulted in massive damage to coastal communities

The $50.5 billion aid package to help the region recover is now on its way to President Obama’s desk, but like much legislation that is drafted in DC, it isn’t perfect. Unlike some errors that appear in legislation which are the result of late night drafting under tight deadlines or simple inability to predict a changing set of future circumstances which result in unintended consequences, some problems with legislation are quite intentional, and the bill that passed today contains a very intentional problem.

Rep. Bill Flores, R-Texas’s 14th district (Waco, College Park and nearby areas) has been adamant about defunding anything that comes through the House with connections to a wide-reaching set of plans to make government more efficient and improve the planning in our coastal and ocean waters. Those plans, crafted over a number of years by multiple bi-partisan commissions, were combined and announced during President Obama’s first year in office through an Executive Order which established the nation’s first National Ocean Policy.

Rep. Flores’ efforts to object to the President’s plans have thus far aimed at removing the funding for efforts to have more sensible planning occur in the U.S. coastal zone and ocean waters, and he’s been fairly successful in getting provisions added to House spending bills.  In the 112th Congress efforts to oppose the National Ocean Policy in the House were successful, but those successes met a quick end when Senate bills which lack such provisions run into the differing House language in Conference Committee. Ultimately the House language drops out…or it did in the 112th Congress.

To expedite the relief for victims of the Hurricane Sandy disaster Senate leadership fought to bring the House bill up for consideration with the minimum amendments possible. In fact only one Republican – Senator Mike Lee of Utah – had an amendment which was considered. That amendment proposed to fully offset the relief aid costs with cuts to discretionary funding, an amendment popular with Tea Party groups, but which fell well below the necessary 60 votes and failed 35-62.  That meant the Senate was voting on the House version of the bill as-is, including the provision from Rep. Flores to cut $150M in grant support for Regional Planning Bodies.

image of flooded taxis

Flooding resulted in economic losses and also damage to transportation infrastructure communities depend upon. Will we plan better for the next flooding event?

On the surface for those not immersed in governance issues for a living, the Flores amendment looks reasonable as it saves money by eliminating funds for NOAA pass-through funds which look to some to be unrelated to the disaster recovery. But to the informed the cuts which save $150M endanger the effectiveness of the $50.5B in federal dollars slated to flow to the region. The Regional Planning Bodies are structured with a membership that includes federal agencies, states and tribes, with input from a range of groups representing the private sector.  It is precisely that sort of broad membership which would be well positioned to discuss not simply how to rebuild what was lost, but how to make it better and most importantly in the context of disaster response, how to make what is rebuilt more resilient.

Whether Rep. Flores’ efforts are simply naive penny wise pound foolish, or whether they are a calculated effort to frustrate President Obama’s efforts to govern at every available turn is unclear. But what is clear is that $50.5B is a major federal investment, and we can only hope the federal agencies, states, tribes and localities can find ways not prohibited by the legislation to collaborate and rebuild in a coordinated way that is mindful of our changing climatic conditions. We need policies and practices that mitigate a changing climate with a systematic approach to adaptation, not a piecemeal approach that leaves some communities much better planned while others are left unnecessarily in harm’s way. The $150M that was cut from the $50.5B package made just such a well crafted response a bit harder.

The author of this blog is a scientist by training and the owner of W.H. Nuckols Consulting, an environmental policy, government relations and strategic communications firm in Washington, DC.
A bio for Mr. Nuckols is located at www.WilliamHNuckols.com

You can follow Will Nuckols on Twitter at @enviroxpert and on Pinterest at http://pinterest.com/willnuckols/

Rep. Bill Flores, R-TX, opposes Obama ocean policies and strips $150M from Hurricane Sandy relief bill

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ANALYSIS:

The first attack in the 113th Congress on President Obama’s ocean policy, which include strengthening regional partnerships through the assistance of federal grants, was filed by ongoing opponent to the President’s National Ocean Policy, Rep. Bill Flores (Republican from a landlocked district in Texas).

image of Rep. Bill Flores

Rep. Bill Flores, former oil and gas driller from the Waco, TX area consistently opposes anything that is related to the President’s National Ocean Policy. His amendment to the Hurricane Sandy Relief strips 150K in funding for regional ocean partnerships.

House Amendment 6 to the House version of H.R.152 : Disaster Relief Appropriations Act, 2013 (aka Hurricane Sandy relief), reads as follows:

“AMENDMENT PURPOSE:
An amendment numbered 2 printed in Part C of House Report 113-1 to strike $150,000,000 for Regional Ocean Partnership grants.”

On January 15, 2013 the Flores amendment (A004) was agreed to by recorded vote: 221 – 197 (Roll no. 16)

The votes for and against are listed below.

On Monday afternoon of January 28, 2013, the Senate plans to take up the Disaster Relief Appropriations Act, 2013, with only one amendment expected to be introduced – Republican Senator Mike Lee of Utah has proposed an amendment that would offset the $50.5 billion in emergency aid (lawmakers are expected to reject that amendment), allowing final passage of the Senate bill later Monday night. No Senate amendments to oppose the House language and reinstate the Regional Ocean Partnership grants are anticipated.

inage of map of Congressional District 17 in Texas

Rep. Bill Flores represents the 17th Congressional District in Texas, an area south of Dallas that includes Waco and College Station. His dogged opposition to President Obama’s National Ocean Policy seems odd, given his district’s geography, until the fact emerges that in 2005 prior to coming to Congress Flores served on served on board of Phoenix Exploration Company, Marine Drilling Companies, Inc.  Offshore oil drilling companies generally prefer the status quo, and as such oppose President Obama’s efforts to create a system that rationally and openly determines which of the conflicting offshore uses are most in the national interest.

When looking to the motivations of those who oppose changes to the current first-come-first-served irrational way we currently permit offshore uses in the USA, allegiances to the traditional users (extractive industries such as oil and gas production or mining) or the new users (green energy such as wind and wave power) of the coasts are worth examining.

According to the homepage for Rep. Flores at http://flores.house.gov, Flores “worked in the energy industry for nearly three decades. During that time, he served as a CFO, COO or CEO for successful energy companies, ultimately serving as President and CEO of Phoenix Exploration Company, an oil and gas company focused upon the discovery of American oil and gas.”

The author of this blog is a scientist by training and the owner of W.H. Nuckols Consulting, an environmental policy, government relations and strategic communications firm in Washington, DC.
A bio for Mr. Nuckols is located at www.WilliamHNuckols.com

You can follow Will Nuckols on Twitter at @enviroxpert and on Pinterest at http://pinterest.com/willnuckols/

*the original article headline mistakenly indicated a $150K cut in funding, while the article noted correctly the cuts were $150M. The headline has been corrected to match the content of the article.

FINAL VOTE RESULTS FOR ROLL CALL 16, Flores Amendment to strip funding for Regional Ocean Partnerships

(Republicans in roman; Democrats in italic; Independents underlined)

H R 152      RECORDED VOTE      15-Jan-2013      6:39 PM
AUTHOR(S):  Flores of Texas Part C Amdt. No. 2 to Frelinghuysen of New Jersey Amdt.
QUESTION:  On Agreeing to the Amendment

Ayes

Noes

PRES

NV

Republican

214

14

4

Democratic

7

183

10

Independent
TOTALS

221

197

 

14

—- AYES    221 —

Aderholt
Amash
Amodei
Bachmann
Bachus
Barr
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Campbell
Cantor
Capito
Carney
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Cuellar
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Gardner
Garrett
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Gene
Griffin (AR)
Griffith (VA)
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce
Kelly
Kind
King (IA)
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lankford
Latham
Latta
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
Matheson
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Ryan (WI)
Salmon
Scalise
Schock
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shuster
Simpson
Smith (NE)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)

—- NOES    197 —

Alexander
Andrews
Barber
Barletta
Barrow
Bass
Beatty
Becerra
Bera
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clarke
Clay
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Fitzpatrick
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gerlach
Grayson
Green, Al
Grijalva
Grimm
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jeffries
Johnson, E. B.
Kaptur
Keating
Kennedy
Kildee
Kilmer
King (NY)
Kuster
Lance
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Luján, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Neal
Nolan
O’Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Sánchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Swalwell (CA)
Takano
Thompson (CA)
Tiberi
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velázquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
Young (FL)

—- NOT VOTING    14 —

Cárdenas
Cleaver
Crenshaw
Emerson
Jackson Lee
Johnson (GA)
Kingston
Kirkpatrick
Napolitano
Negrete McLeod
Nunes
Schwartz
Speier
Thompson (MS)

Will new Obama ocean policy affect offshore drilling?

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Today President Obama became the first American President to codify a U.S. position on Oceans through the establishment of an Executive Order.    

While the recommendations to the President by the Interagency Ocean Policy Task Force were just published in their final form today, indications of what would be in the policy document have been circulating since last fall, and while there are small changes in the final document, the Executive Order largely follows the draft recommendations from 2009.   

The “policy of the United States” for oceans does include some language that will potentially result in changes from the status-quo. The policy will “promote the well-being, prosperity, and security of present and future generations,” and depending on how this language is interpreted, decisions on resource utilization, which has too often been short-sighted, might finally take a long term view.   

Essential Elements of a Coastal and Marine Spatial Planning process

The nine “essential elements” of the Obama Administration’s process to select optimal uses and reduce/avoid use conflicts may result in a good long run public policy process, but it is doubtful that they could move fast enough to address the Gulf of Mexico issue of deepwater drilling or the Shell request to drill in the Arctic. Those decisions are likely to be made by DOI in a more traditional manner.

 

While there is a nod to the events in the Gulf of Mexico (“The Deepwater Horizon oil spill in the Gulf of Mexico and resulting environmental crisis is a stark reminder of how vulnerable our marine environments are, and how much communities and the Nation rely on healthy and resilient ocean and coastal ecosystems”) there is little that directly addresses the problems that the people of the Gulf of Mexico struggle with today….with one potential exception: coastal and marine spatial planning.  But that process is intended to be a fairly through, methodical process with broad input from a range of federal, state and tribal stakeholders, in addition to input from affected parties and the public. These processes are designed to generate the greatest buy-in, but it is unlikely that they can move quickly enough at this point to address fast-moving policy issues that are on the Administration’s plate today, particularly the hot-button topic about whether to allow, or indefinitely block, new deepwater drilling in U.S. waters.   

 But while it doesn’t provide a clear roadmap that indicates where we are headed as a nation which continues to struggle with conflicting uses and practices that have significant impacts on the environment and the economy, it does provide a framework for organization.   

How the organizing governance bodies, headed by the National Ocean Council (NOC), make decisions will have a large role on the function of these groups, and their importance to public policy development and oversight. The last Administration did not declare how decisions would be made within the Commission on Ocean Policy (COP) or in their subordinate organizing groups, and this limited their usefulness for some policy areas. This Administration’s decision that “The Co-Chairs would seek to encourage decisions and recommendations based on consensus of the [National Ocean Council]” with disputes being forwarded to the President may mean that those frustrated with a NEPA process where those with “comment authority” are ultimately ignored and a Coastal Zone Management Act “coastal consistency” which allows veto power to one entity – the state – would become more balanced. Or these sorts of conflicts may never reach the NOC, having been deemed to fall into the category of decisions constrained by existing statutory processes which determine comment and decision authority. It might take a move by Congress if the processes surrounding those processes will change.   

So while we have a National Ocean Policy for the first time, and we have a 96 page policy recommendation that will be the Bible that this Administration follows, how this exactly plays out – we’ll have to wait a bit longer to wait and see. 

 

The full executive order is included below:    

The White House    

Office of the Press Secretary    

For Immediate Release
July 19, 2010

Executive Order–Stewardship of the Ocean, Our Coasts, and the Great Lakes    

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:    

Section 1. Purpose. The ocean, our coasts, and the Great Lakes provide jobs, food, energy resources, ecological services, recreation, and tourism opportunities, and play critical roles in our Nation’s transportation, economy, and trade, as well as the global mobility of our Armed Forces and the maintenance of international peace and security. The Deepwater Horizon oil spill in the Gulf of Mexico and resulting environmental crisis is a stark reminder of how vulnerable our marine environments are, and how much communities and the Nation rely on healthy and resilient ocean and coastal ecosystems. America’s stewardship of the ocean, our coasts, and the Great Lakes is intrinsically linked to environmental sustainability, human health and well-being, national prosperity, adaptation to climate and other environmental changes, social justice, international diplomacy, and national and homeland security.    

This order adopts the recommendations of the Interagency Ocean Policy Task Force, except where otherwise provided in this order, and directs executive agencies to implement those recommendations under the guidance of a National Ocean Council. Based on those recommendations, this order establishes a national policy to ensure the protection, maintenance, and restoration of the health of ocean, coastal, and Great Lakes ecosystems and resources, enhance the sustainability of ocean and coastal economies, preserve our maritime heritage, support sustainable uses and access, provide for adaptive management to enhance our understanding of and capacity to respond to climate change and ocean acidification, and coordinate with our national security and foreign policy interests.    

This order also provides for the development of coastal and marine spatial plans that build upon and improve existing Federal, State, tribal, local, and regional decisionmaking and planning processes. These regional plans will enable a more integrated, comprehensive, ecosystem-based, flexible, and proactive approach to planning and managing sustainable multiple uses across sectors and improve the conservation of the ocean, our coasts, and the Great Lakes.    

Sec. 2. Policy. (a) To achieve an America whose stewardship ensures that the ocean, our coasts, and the Great Lakes are healthy and resilient, safe and productive, and understood and treasured so as to promote the well-being, prosperity, and security of present and future generations, it is the policy of the United States to:    

  • (i) protect, maintain, and restore the health and biological diversity of ocean, coastal, and Great Lakes ecosystems and resources;
  • (ii) improve the resiliency of ocean, coastal, and Great Lakes ecosystems, communities, and economies;
  • (iii) bolster the conservation and sustainable uses of land in ways that will improve the health of ocean, coastal, and Great Lakes ecosystems;
  • (iv) use the best available science and knowledge to inform decisions affecting the ocean, our coasts, and the Great Lakes, and enhance humanity’s capacity to understand, respond, and adapt to a changing global environment;
  • (v) support sustainable, safe, secure, and productive access to, and uses of the ocean, our coasts, and the Great Lakes;
  • (vi) respect and preserve our Nation’s maritime heritage, including our social, cultural, recreational, and historical values;
  • (vii) exercise rights and jurisdiction and perform duties in accordance with applicable international law, including respect for and preservation of navigational rights and freedoms, which are essential for the global economy and international peace and security;
  • (viii) increase scientific understanding of ocean, coastal, and Great Lakes ecosystems as part of the global interconnected systems of air, land, ice, and water, including their relationships to humans and their activities;
  • (ix) improve our understanding and awareness of changing environmental conditions, trends, and their causes, and of human activities taking place in ocean, coastal, and Great Lakes waters; and
  • (x) foster a public understanding of the value of the ocean, our coasts, and the Great Lakes to build a foundation for improved stewardship.

(b) The United States shall promote this policy by:    

  • (i) ensuring a comprehensive and collaborative framework for the stewardship of the ocean, our coasts, and the Great Lakes that facilitates cohesive actions across the Federal Government, as well as participation of State, tribal, and local authorities, regional governance structures, nongovernmental organizations, the public, and the private sector;
  • (ii) cooperating and exercising leadership at the international level;
  • (iii) pursuing the United States’ accession to the Law of the Sea Convention; and
  • (iv) supporting ocean stewardship in a fiscally responsible manner.

Sec. 3. Definitions. As used in this order:    

(a) “Final Recommendations” means the Final Recommendations of the Interagency Ocean Policy Task Force that shall be made publicly available and for which a notice of public availability shall be published in the Federal Register.    

(b) The term “coastal and marine spatial planning” means a comprehensive, adaptive, integrated, ecosystem-based, and transparent spatial planning process, based on sound science, for analyzing current and anticipated uses of ocean, coastal, and Great Lakes areas. Coastal and marine spatial planning identifies areas most suitable for various types or classes of activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, and preserve critical ecosystem services to meet economic, environmental, security, and social objectives. In practical terms, coastal and marine spatial planning provides a public policy process for society to better determine how the ocean, our coasts, and Great Lakes are sustainably used and protected — now and for future generations.    

(c) The term “coastal and marine spatial plans” means the plans that are certified by the National Ocean Council as developed in accordance with the definition, goals, principles, and process described in the Final Recommendations.    

Sec. 4. Establishment of National Ocean Council. (a) There is hereby established the National Ocean Council (Council).    

(b) The Council shall consist of the following:    

  • (i) the Chair of the Council on Environmental Quality and the Director of the Office of Science and Technology Policy, who shall be the Co-Chairs of the Council;
  • (ii) the Secretaries of State, Defense, the Interior, Agriculture, Health and Human Services, Commerce, Labor, Transportation, Energy, and Homeland Security, the Attorney General, the Administrator of the Environmental Protection Agency, the Director of the Office of Management and Budget, the Under Secretary of Commerce for Oceans and Atmosphere (Administrator of the National Oceanic and Atmospheric Administration), the Administrator of the National Aeronautics and Space Administration, the Director of National Intelligence, the Director of the National Science Foundation, and the Chairman of the Joint Chiefs of Staff;
  • (iii) the National Security Advisor and the Assistants to the President for Homeland Security and Counterterrorism, Domestic Policy, Energy and Climate Change, and Economic Policy;
  • (iv) an employee of the Federal Government designated by the Vice President; and
  • (v) such other officers or employees of the Federal Government as the Co-Chairs of the Council may from time to time designate.

(c) The Co-Chairs shall invite the participation of the Chairman of the Federal Energy Regulatory Commission, to the extent consistent with the Commission’s statutory authorities and legal obligations, and may invite the participation of such other independent agencies as the Council deems appropriate.    

(d) The Co-Chairs of the Council, in consultation with the National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism, shall regularly convene and preside at meetings of the Council, determine its agenda, direct its work, and, as appropriate to address particular subject matters, establish and direct committees of the Council that shall consist exclusively of members of the Council.    

(e) A member of the Council may designate, to perform committee functions of the member, any person who is within such member’s department, agency, or office and who is (i) an officer of the United States appointed by the President, (ii) a member of the Senior Executive Service or the Senior Intelligence Service, (iii) a general officer or flag officer, or (iv) an employee of the Vice President.    

(f) Consistent with applicable law and subject to the availability of appropriations, the Office of Science and Technology Policy and the Council on Environmental Quality shall provide the Council with funding, including through the National Science and Technology Council or the Office of Environmental Quality. The Council on Environmental Quality shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative support necessary to implement this order.    

(g) The day-to-day operations of the Council shall be administered by a Director and a Deputy Director, who shall supervise a full-time staff to assist the Co-Chairs in their implementation of this order.    

Sec. 5. Functions of the Council. (a) The Council shall have the structure and function and operate as defined in the Final Recommendations. The Council is authorized, after the Council’s first year of operation, to make modifications to its structure, function, and operations to improve its effectiveness and efficiency in furthering the policy set forth in section 2 of this order.    

(b) To implement the policy set forth in section 2 of this order, the Council shall provide appropriate direction to ensure that executive departments’, agencies’, or offices’ decisions and actions affecting the ocean, our coasts, and the Great Lakes will be guided by the stewardship principles and national priority objectives set forth in the Final Recommendations, to the extent consistent with applicable law. The Council shall base its decisions on the consensus of its members. With respect to those matters in which consensus cannot be reached, the National Security Advisor shall coordinate with the Co-Chairs and, as appropriate, the Assistants to the President for Energy and Climate Change, and Economic Policy, and the employee of the United States designated by the Vice President, subject to the limitations set forth in section 9 of this order, to present the disputed issue or issues for decision by the President.    

Sec. 6. Agency Responsibilities. (a) All executive departments, agencies, and offices that are members of the Council and any other executive department, agency, or office whose actions affect the ocean, our coasts, and the Great Lakes shall, to the fullest extent consistent with applicable law:    

  • (i) take such action as necessary to implement the policy set forth in section 2 of this order and the stewardship principles and national priority objectives as set forth in the Final Recommendations and subsequent guidance from the Council; and
  • (ii) participate in the process for coastal and marine spatial planning and comply with Council certified coastal and marine spatial plans, as described in the Final Recommendations and subsequent guidance from the Council.

(b)Each executive department, agency, and office that is required to take actions under this order shall prepare and make publicly available an annual report including a concise description of actions taken by the agency in the previous calendar year to implement the order, a description of written comments by persons or organizations regarding the agency’s compliance with this order, and the agency’s response to such comments.    

(c) Each executive department, agency, and office that is required to take actions under this order shall coordinate and contribute resources, as appropriate, to assist in establishing a common information management system as defined in the Final Recommendations and shall be held accountable for managing its own information assets by keeping them current, easily accessible, and consistent with Federal standards.    

(d) To the extent permitted by law, executive departments, agencies, and offices shall provide the Council such information, support, and assistance as the Council, through the Co-Chairs, may request.    

Sec. 7. Governance Coordinating Committee. The Council shall establish a Governance Coordinating Committee that shall consist of 18 officials from State, tribal, and local governments in accordance with the Final Recommendations. The Committee may establish subcommittees chaired by representatives of the Governance Coordinating Committee. These subcommittees may include additional representatives from State, tribal, and local governments, as appropriate to provide for greater collaboration and diversity of views.    

Sec. 8. Regional Advisory Committees. The lead Federal department, agency, or office for each regional planning body established for the development of regional coastal and marine spatial plans, in consultation with their nonfederal co-lead agencies and membership of their regional planning body, shall establish such advisory committees under the Federal Advisory Committee Act, 5 U.S.C. App., as they deem necessary to provide information and to advise the regional planning body on the development of regional coastal and marine spatial plans to promote the policy established in section 2 of this order.    

Sec. 9. General Provisions. (a) Nothing in this order, the establishment of the Council, and the Final Recommendations shall be construed to impair or otherwise affect:    

  • (i) authority granted by law to an executive department or agency or the head thereof; or
  • (ii) functions assigned by the President to the National Security Council or Homeland Security Council (including subordinate bodies) relating to matters affecting foreign affairs, national security, homeland security, or intelligence.

(b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.    

(c) In carrying out the provisions of this order and implementing the Final Recommendations, all actions of the Council and the executive departments, agencies, and offices that constitute it shall be consistent with applicable international law, including customary international law, such as that reflected in the Law of the Sea Convention.    

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.    

Sec. 10. Revocation. Executive Order 13366 of December 17, 2004, is hereby revoked.    

BARACK OBAMA     

THE WHITE HOUSE, July 19, 2010.    

     

The author is a scientist by training and the owner of W.H. Nuckols Consulting, an environmental policy firm.  
A bio for Mr. Nuckols is located at www.WilliamHNuckols.com   

Advisory task force delivers its national ocean policy recommendations to the President

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Cover page of the Final Recommendations of the Interagency Ocean Policy Task Force Task Force report to the President

On July 19th the White House released the Final Recommendations of the Interagency Ocean Policy Task Force Task Force. President Obama is expected to except all the recommendations and instruct the agencies to adopt them in an anticipated Executive Order to be released at a later date.

 

Today the report provided to President Obama authored by the Interagency Ocean Policy Task Force was released by the White House.  The report includes recommendations to the President on a course for our nation to establish a national ocean policy. The Task Force recommendations, a little more than a year in the making, are a deliverable of the group, established by the President in an Executive Order in June 2009. The press release announcing the report can be viewed at this LINK and a PDF of the report can be viewed HERE.  

According to the White House press release, “The Final Recommendations [contained in the Task Force’s report] are expected to be adopted into an Executive Order by President Obama.”  

The report recommends the President adopt the following national policy:  

It is the Policy of the United States to:  

• Protect, maintain, and restore the health and biological diversity of ocean, coastal, and Great Lakes ecosystems and resources;  

• Improve the resiliency of ocean, coastal, and Great Lakes ecosystems, communities, and economies;  

• Bolster the conservation and sustainable uses of land in ways that will improve the health of ocean, coastal, and Great Lakes ecosystems;  

• Use the best available science and knowledge to inform decisions affecting the ocean, our coasts, and the Great Lakes, and enhance humanity’s capacity to understand, respond, and adapt to a changing global environment;  

• Support sustainable, safe, secure, and productive access to, and uses of the ocean, our coasts, and the Great Lakes;  

• Respect and preserve our Nation’s maritime heritage, including our social, cultural, recreational, and historical values;  

• Exercise rights and jurisdiction and perform duties in accordance with applicable international law, including respect for and preservation of navigational rights and freedoms, which are essential for the global economy and international peace and security;  

• Increase scientific understanding of ocean, coastal, and Great Lakes ecosystems as part of the global interconnected systems of air, land, ice, and water, including their relationships to humans and their activities;  

• Improve our understanding and awareness of changing environmental conditions, trends, and their causes, and of human activities taking place in ocean, coastal, and Great Lakes waters; and  

• Foster a public understanding of the value of the ocean, our coasts, and the Great Lakes to build a foundation for improved stewardship.  

   

The author is a scientist by training and the owner of W.H. Nuckols Consulting, an environmental policy firm.
A bio for Mr. Nuckols is located at www.WilliamHNuckols.com

Written by Will Nuckols

July 19, 2010 at 2:25 pm