EO 13840 (Ocean Policy to Advance the Economic, Security, and Environmental Interests of the United States)

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Presidential Documents

Federal Register
Vol. 83, No. 121
Friday, June 22, 2018

Title 3—

Executive Order 13840 of June 19, 2018

The President

Ocean Policy To Advance the Economic, Security, and Environmental Interests of the United States
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, coastal, and Great Lakes waters of the United
States are foundational to the economy, security, global competitiveness,
and well-being of the United States. Ocean industries employ millions of
Americans and support a strong national economy. Domestic energy production from Federal waters strengthens the Nation’s security and reduces reliance on imported energy. Our Armed Forces protect our national interests
in the ocean and along the Nation’s coasts. Goods and materials that support
our economy and quality of life flow through maritime commerce. Our
fisheries resources help feed the Nation and present tremendous export
opportunities. Clean, healthy waters support fishing, boating, and other recreational opportunities for all Americans.
This order maintains and enhances these and other benefits to the Nation
through improved public access to marine data and information, efficient
interagency coordination on ocean-related matters, and engagement with
marine industries, the science and technology community, and other ocean
stakeholders. To advance these national interests, this order recognizes and
supports Federal participation in regional ocean partnerships, to the extent
appropriate and consistent with national security interests and statutory
authorities.
Sec. 2. Policy. It shall be the policy of the United States to:
(a) coordinate the activities of executive departments and agencies (agencies) regarding ocean-related matters to ensure effective management of ocean,
coastal, and Great Lakes waters and to provide economic, security, and
environmental benefits for present and future generations of Americans;
(b) continue to promote the lawful use of the ocean by agencies, including
United States Armed Forces;
(c) exercise rights and jurisdiction and perform duties in accordance with
applicable domestic law and—if consistent with applicable domestic law—
international law, including customary international law;
(d) facilitate the economic growth of coastal communities and promote
ocean industries, which employ millions of Americans, advance ocean
science and technology, feed the American people, transport American goods,
expand recreational opportunities, and enhance America’s energy security;

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(e) ensure that Federal regulations and management decisions do not
prevent productive and sustainable use of ocean, coastal, and Great Lakes
waters;
(f) modernize the acquisition, distribution, and use of the best available
ocean-related science and knowledge, in partnership with marine industries;
the ocean science and technology community; State, tribal, and local governments; and other ocean stakeholders, to inform decisions and enhance entrepreneurial opportunity; and
(g) facilitate, as appropriate, coordination, consultation, and collaboration
regarding ocean-related matters, consistent with applicable law, among Federal, State, tribal, and local governments, marine industries, the ocean science

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and technology community, other ocean stakeholders, and foreign governments and international organizations.
Sec. 3. Definitions. For the purposes of this order, the following definitions
apply:
(a) ‘‘Ocean-related matters’’ means management, science, and technology
matters involving the ocean, coastal, and Great Lakes waters of the United
States (including its territories and possessions), and related seabed, subsoil,
waters superadjacent to the seabed, and natural resources.
(b) ‘‘Regional ocean partnership’’ means a regional organization of coastal
or Great Lakes States, territories, or possessions voluntarily convened by
governors to address cross-jurisdictional ocean matters, or the functional
equivalent of such a regional ocean organization designated by the governor
or governors of a State or States.
Sec. 4. Interagency Coordination. (a) To ensure appropriate coordination
by Federal agencies on ocean-related matters, there is hereby established
the interagency Ocean Policy Committee (Committee).
(i) The Committee shall consist of the following:
(1) The Chairman of the Council on Environmental Quality (CEQ) and
the Director of the Office of Science and Technology Policy (OSTP), who
shall serve as Co-Chairs;
(2) The Secretary of State, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce,
Secretary of Transportation, Secretary of Energy, Secretary of Homeland
Security, Administrator of the Environmental Protection Agency, Director
of the Office of Management and Budget, Administrator of the National
Aeronautics and Space Administration, Director of the National Science
Foundation, Director of National Intelligence, Chairman of the Joint Chiefs
of Staff, Under Secretary of Commerce for Oceans and Atmosphere, Assistant Secretary of the Army (Civil Works), and Commandant of the Coast
Guard;
(3) The Assistants to the President for National Security Affairs, Homeland Security and Counterterrorism, Domestic Policy, and Economic Policy;
(4) A representative from the Office of the Vice President designated
by the Vice President; and
(5) Such other officers or employees of the Federal Government as
the Co-Chairs may from time to time designate.
(b) The Co-Chairs, in coordination with the Assistants to the President
for National Security Affairs, Homeland Security and Counterterrorism, Domestic Policy, and Economic Policy, shall regularly convene and preside
at meetings of the Committee, determine its agenda, and direct its work,
and shall establish and direct subcommittees of the Committee as appropriate.
The Committee shall, as appropriate, establish subcommittees with responsibility for advising the Committee on matters pertaining to ocean science
and technology and ocean-resource management.
(i) Committee members may designate, to perform their Committee or
subcommittee functions, any person who is within their department, agency, or office who is:

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(1) a civilian official appointed by the President;
(2) a member of the Senior Executive Service or the Senior Intelligence
Service;
(3) a general officer or flag officer; or
(4) an employee of the Office of the Vice President.
(ii) Consistent with applicable law and subject to the availability of appropriations, OSTP or CEQ shall provide the Committee with funding, including through the National Science and Technology Council pursuant to
title VII, section 723 of the Consolidated Appropriations Act, 2018 (Public

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Law 115–141), or any successor provision, or through the Office of Environmental Quality pursuant to the Office of Environmental Quality Management Fund, 42 U.S.C. 4375. OSTP or CEQ shall, to the extent permitted
by law and subject to the availability of appropriations, provide administrative support as needed to implement this order.
(iii) The Committee shall be administered by an Executive Director and
such full-time staff as the Co-Chairs recommend.
Sec. 5. Functions. To implement the policy set forth in section 2 of this
order, the Committee shall, to the extent permitted by law:
(a) provide advice regarding policies concerning ocean-related matters to:
(i) the President; and
(ii) the head of any agency who is a member of the Committee;
(b) engage and collaborate, under existing laws and regulations, with stakeholders, including regional ocean partnerships, to address ocean-related matters that may require interagency or intergovernmental solutions;
(c) coordinate the timely public release of unclassified data and other
information related to the ocean, coasts, and Great Lakes that agencies collect,
and support the common information management systems, such as the
Marine Cadastre, that organize and disseminate this information;
(d) coordinate and inform the ocean policy-making process and identify
priority ocean research and technology needs, to facilitate:
(i) the use of science in the establishment of policy; and
(ii) the collection, development, dissemination, and exchange of information between and among agencies on ocean-related matters;
(e) coordinate and ensure Federal participation in projects conducted under
the National Oceanographic Partnership Program through the Committee’s
members, as appropriate, to maximize the effectiveness of agency investments
in ocean research; and
(f) obtain information and advice concerning ocean-related matters from:
(i) State, tribal, and local governments; and
(ii) private-sector entities and individuals.
Sec. 6. Cooperation. To the extent permitted by law, agencies shall cooperate
with the Committee and provide it such information as it, through the
Co-Chairs, may request. The Committee shall base its decisions on the consensus of its members. With respect to those matters for which consensus
cannot be reached, the Assistant to the President for National Security
Affairs shall coordinate with the Co-Chairs to present the disputed issue
or issues for decision by the President. Within 90 days of the date of
this order, agencies shall review their regulations, guidance, and policies
for consistency with this order, and shall consult with CEQ, OSTP, and
the Office of Management and Budget (OMB) regarding any modifications,
revisions, or rescissions of any regulations, guidance, or policies necessary
to comply with this order.

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Sec. 7. Revocation. Executive Order 13547 of July 19, 2010 (Stewardship
of the Ocean, Our Coasts, and the Great Lakes), is hereby revoked.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof;
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals; or
(iii) 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.

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(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) 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.

THE WHITE HOUSE,
June 19, 2018.
[FR Doc. 2018–13640
Filed 6–21–18; 11:15 am]

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