(a) Short title.—This Act may be cited as the “Ocean-Based Climate Solutions Act of 2020”.

(b) Table of contents.—The table of contents for this Act is the following:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

In this Act:

(1) ADMINISTRATOR.—The term “Administrator” means the Secretary of Commerce acting through the Administrator of the National Oceanic and Atmospheric Administration.

(2) EXCLUSIVE ECONOMIC ZONE.—The term “exclusive economic zone” means the zone established by Proclamation Numbered 5030, dated March 10, 1983.

(3) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(4) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(5) NATIONAL ACADEMIES.—The term “National Academies” means the National Academies of Science, Engineering, and Medicine.

(6) RESTORATIVE OCEAN AQUACULTURE.—The term “restorative ocean aquaculture” means ocean and coastal propagation of seaweed or shellfish farming that generates positive ecological and social impact.

(7) STATE.—The term “State” means each of the several States, the District of Columbia, and the United States Territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands.

(8) UNITED STATES.—The term “United States” means the several States, the District of Columbia, and the United States Territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands.

(a) Establishment.—The Administrator shall establish and maintain a Blue Carbon Program within the National Oceanic and Atmospheric Administration for the purposes of furthering conservation objectives for fish and wildlife habitat conservation and restoration and coastal resilience including the development of ways to incorporate ecosystem services from carbon storage into existing domestic and international policies, programs, and activities.

(b) Additional authority.—In conducting the Program, the Administrator may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this subtitle on such terms as Administrator considers appropriate.

(c) Consultation.—The Administrator shall coordinate activities carried out under this section with the Assistant Administrator of the National Marine Fisheries Service and the Assistant Administrator of the National Ocean Service.

(d) Activities.—The Administrator shall lead the development and coordination of the strategic plan described in section 106(e) and conduct the following activities:

(1) Collaborate with Federal agencies, the interagency working group, State agencies, Tribes, and non-governmental organizations on research, restoration, and protection efforts relating to blue carbon ecosystems.

(2) Develop a database of blue carbon stocks and fluxes in the United States.

(3) Assist in exploration of the potential for a market for carbon credits for restoration initiatives, including research and development of protocols.

(4) Raise awareness of blue carbon ecosystems as a tool to further conservation objectives through education and extension activities.

(5) Use existing models or develop new models to assess blue carbon storage potential that include quantification, verifiability, additionality as compared to a historical baseline, and permanence of those benefits.

(6) Quantify current total and net ecosystem carbon storage in coastal and marine areas.

(7) Project future total and net ecosystem carbon storage under different scenarios influenced by human population growth, sea level rise, and other system-wide changes.

(8) Develop and use protocols for inclusion of blue carbon projects in carbon markets.

(9) Protect and restore habitats, waters, and organisms that are long-term carbon sinks or will be subject to habitat change as a result of climate change and development.

(10) Provide staff and technical expertise to the interagency working group.

(11) Quantify co-benefits, including flood risk reduction, habitat restoration for endangered and threatened species, maintenance of biodiversity, water quality improvements, habitat maintenance and creation, cycling of nutrients other than carbon, commercial and recreational fishing and boating benefits.

(12) Assess regional and national ecosystem and socioeconomic impacts of carbon sequestration and storage.

(13) Research variability, long-term storage, and innovative techniques for effective, long-term, natural ocean or coastal ecosystem-based carbon sequestration.

(14) Identify blue carbon hot spots.

(15) Assess legal issues of landownership in blue carbon markets, and develop guidelines to help landowners navigate the requirements of such markets.

(a) National map.—The Administrator, in consultation with the interagency working group established under section 106, shall—

(1) produce, update every 3 years, and maintain a national map and inventory of coastal blue carbon ecosystems including—

(A) with respect to each such ecosystem—

(i) the species and types of habitat in the ecosystem;

(ii) the condition of such habitats including whether a habitat is degraded, drained, eutrophic, or tidally restricted;

(iii) type of public or private ownership and any protected status;

(iv) the size of the ecosystem;

(v) the salinity boundaries of the ecosystem;

(vi) the tidal boundaries of the ecosystem;

(vii) an assessment of carbon sequestration potential, methane production, and net greenhouse gas effects of the ecosystem, including consideration of—

(I) quantification;

(II) verifiability;

(III) additionality, as compared to a historical baseline; and

(IV) permanence of those benefits;

(viii) an assessment of the ecosystem co-benefits, such as fish habitat for commercial, recreational, and Tribal fisheries, flood risk reduction, wave stress, storm protection, shoreline stabilization, public access, water and air pollution filtration, contributions to traditional and cultural practices, and recreational use and benefits of the ecosystem;

(ix) the potential for landward migration of each ecosystem as a result of sea level rise;

(x) any upstream restrictions detrimental to the watershed process and conditions, including dams, dikes, and levees;

(xi) any upstream pollution sources that threaten the health of each ecosystem;

(xii) proximity to aquaculture uses or lease areas; and

(xiii) a depiction of the effects of human stressors, including the conversion of coastal blue carbon ecosystems to other land uses and the cause of such conversion; and

(B) a depiction of the effects of climate change, including sea level rise, ocean acidification, ocean warming, and other environmental stressors on the sequestration rate, carbon storage, and potential of coastal blue carbon ecosystems; and

(2) in carrying out paragraph (1)—

(A) incorporate, to the extent possible, existing and future data collected through federally and State funded research, including data collected from the National Oceanic and Atmospheric Administration Coastal Change Analysis Program, United States Fish and Wildlife Service National Wetlands Inventory, United States Geological Survey Land Carbon program, United States Geological Survey and Federal Emergency Management Agency LiDAR information coordination and knowledge program, Department of Energy Biological and Environmental Research program, and Department of Agriculture National Coastal Blue Carbon Assessment; and

(B) engage regional experts for additional peer-reviewed data to ensure best available scientific information is incorporated.

(b) Use.—The interagency working group shall use the national map and inventory created pursuant to subsection (a)—

(1) to assess the existing and potential carbon sequestration of different coastal blue carbon ecosystems, and account for any regional differences;

(2) to assess and quantify emissions from degraded and destroyed coastal blue carbon ecosystems;

(3) to develop regional assessments and to provide technical assistance to regional, State, Tribal, and local government agencies, regional information coordination entities (as such term is defined in section 12303(6) of the Integrated Coastal and Ocean Observation System Act (33 U.S.C. 3602)), and agencies, organizations, and other entities that support communities that may not have adequate resources, including low-income communities, communities of color, Tribal communities, and rural communities;

(4) to assess degraded coastal blue carbon ecosystems and their potential for restoration, including developing scenario modeling to identify vulnerable land areas where management, protection, and restoration efforts should be focused, including the potential for an ecosystem to migrate inland to adapt to sea level rise; and

(5) produce predictions of coastal blue carbon ecosystems and carbon sequestration rates in the context of climate change, environmental stressors, and human stressors.

Not later than 1 year after the date of the enactment of this Act and every 2 years thereafter, the Administrator, in consultation with the interagency working group, shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the following:

(1) A summary of federally funded coastal and marine blue carbon ecosystem research, monitoring, preservation, and restoration activities, including the budget for each of these activities and describe the progress in advancing the national priorities established by the interagency working group.

(2) With respect to each blue carbon ecosystem—

(A) the type;

(B) location; and

(C) type of ownership, delineated by private lands, State lands, Tribal lands, or Federal.

(3) An assessment of the vulnerability of coastal and marine blue carbon ecosystems to climate impacts such as sea-level rise, acidification, and saltwater intrusion, and other environmental and human stressors, such as development, water pollution, and aquaculture.

(4) An assessment of the greatest anthropogenic threats to blue carbon ecosystems, including the Federal agency actions that have historically caused and presently cause great adverse effects on such ecosystems.

(5) An assessment of the carbon sequestration potential of blue carbon ecosystems and the probable changes to sequestration under climate change scenarios.

(6) An assessment of biophysical, social, and economic impediments including water storage and flood control structures to coastal blue carbon ecosystem protection and restoration and opportunities to restore and enhance the resilience of and sequestration potential of blue carbon ecosystems.

(7) An assessment of aging or outdated artificial structures, including dikes, levees, dams, culverts, water storage structures, shoreline hardening projects, impediments to fish passage, and other infrastructure that impede the ecological or sequestration functions of blue carbon areas and the feasibility of repairing, retrofitting, or removing such structures.

(8) The economic, social, and environmental co-benefits that these blue carbon ecosystems provide including—

(A) coastal protection from storms and flooding;

(B) tourism and recreational use;

(C) benefits to fisheries;

(D) nutrient removal;

(E) number of jobs that are directly or indirectly attributable to blue carbon ecosystems; and

(F) total economic activity that is attributable to such blue carbon ecosystems.

(9) An assessment of the social and economic makeup of the communities served by blue carbon ecosystems.

(a) Establishment.—The Administrator shall establish a competitive grant program entitled the “Blue Carbon Partnership Grant Program” to, beginning not later than 2 years after the date of enactment of this Act, provide funds to eligible entities for projects that—

(1) protect and restore blue carbon stocks, oceanic blue carbon, and coastal blue carbon ecosystems and increase the long-term carbon storage; and

(2) contribute to priorities identified in the most recent strategic plan developed by the interagency working group.

(b) Eligible recipients.—A person or entity is eligible to receive a grant under the grant program if such person is—

(1) a voluntary private landowner or group of landowners;

(2) a State agency responsible for managing natural resources or wildlife;

(3) an Indian Tribe;

(4) a unit of local government;

(5) a nonprofit organization or land trust;

(6) an institution of higher education and research; or

(7) any group of entities described in paragraphs (1) through (6).

(c) Requirements.—In administering the grant program under this section, the Secretary shall use the criteria, guidelines, contracts, reporting requirements, and evaluation metrics developed by the interagency working group.

(d) Selection criteria.—In evaluating applications for the program from eligible entities, the Administrator shall give priority to proposed eligible restoration activities that—

(1) would result in long-term protection and sequestration of carbon stored in coastal and marine environments; and

(2) (A) would protect key habitats for fish, wildlife, and the maintenance of biodiversity;

(B) would provide coastal protection from development, storms, flooding, and land-based pollution;

(C) would protect coastal resources of national, historical, and cultural significance;

(D) would benefit communities of color, low-income communities, Tribal or Indigenous communities, or rural communities; or

(E) would capitalize on existing established public/private partnerships.

(e) Report to Congress.—

(1) REPORT REQUIRED.—The Administrator shall submit annually to Congress a report containing a State-by-State analysis of—

(A) the total number of acres of land or water protected or restored through fee title acquisition, easement, restoration or other activities under the program;

(B) the status of restoration projects under this program; and

(C) the amount of blue carbon captured or protected over a 100-year time period as a result of this program.

(2) PUBLICATION OF REPORT.—The Administrator shall make available to the public each report required by paragraph (1).

(f) Authorization of appropriations.—There is authorized to be appropriated to the Administrator $200,000,000 for each of the fiscal years 2021 to 2025 to carry out this section.

The Administrator shall—

(1) establish integrated pilot programs that develop best management practices, including design criteria and performance functions, for coastal and marine blue carbon ecosystem restoration, nature-based adaptation strategies, living shoreline projects, landward progression or migration of coastal blue carbon ecosystems, and identify potential barriers to restoration efforts;

(2) ensure that the pilot programs cover geographically, ecologically, culturally, and economically representative locations with significant ecological, economic, and social benefits and maximize potential for long-term carbon storage;

(3) establish a procedure for reviewing applications for the pilot program, taking into account—

(A) quantification;

(B) verifiability;

(C) additionality, as compared to a historical baseline; and

(D) permanence of those benefits;

(4) ensure, through consultation with the interagency working group, that the goals, metrics, monitoring, and outcomes of the pilot programs are communicated to the appropriate State, Tribal, and local governments, and to the general public; and

(5) coordinate with relevant Federal agencies on the interagency working group to prevent unnecessary duplication of effort among Federal agencies and departments with respect to protection and restoration programs.

(a) Establishment.—The National Science and Technology Council Subcommittee on Ocean Science and Technology shall establish the Interagency Working Group on Coastal and Marine Blue Carbon.

(b) Purposes.—The interagency working group shall—

(1) oversee the development of and updates to a national map, including United States Territories, of coastal and marine blue carbon ecosystems, including habitat types with a regional focus in analysis that is usable for local level protection planning and restoration;

(2) use such map to inform the Administrator of the Environmental Protection Agency’s creation of the annual Inventory of U.S. Greenhouse Gas Emissions and Sinks;

(3) establish national coastal and marine blue carbon ecosystem restoration priorities, including an assessment of current Federal funding being used for restoration and conservation efforts;

(4) assess the biophysical, social, statutory, regulatory, and economic impediments to coastal and marine blue carbon ecosystem protection and restoration;

(5) study the effects of climate change and environmental and human stressors on carbon sequestration rates;

(6) identify priority blue carbon ecosystems for protection;

(7) develop a national strategy for foundational science necessary to study, synthesize, and evaluate the effects of climate change, environmental, and human stressors on sequestration rates and capabilities of marine blue carbon and coastal blue carbon ecosystems protection;

(8) develop an assessment of current legal authorities to protect and restore blue carbon ecosystems and make recommendations for additional authorities if current authorities are determined to be insufficient; and

(9) ensure the continuity, use, and interoperability of data assets through Coastal Carbon Data Clearinghouse of the Smithsonian Institution.

(c) Membership.—The interagency working group shall be comprised of representatives of the following:

(1) The Administrator.

(2) The Administrator of the Environmental Protection Agency.

(3) The Director of the National Science Foundation.

(4) The Administrator of the National Aeronautics and Space Administration.

(5) The Director of the United States Geological Survey.

(6) The Director of the United States Fish and Wildlife Service.

(7) The Director of the National Park Service.

(8) The Director of the Bureau of Indian Affairs.

(9) The Secretary of the Smithsonian Institution.

(10) The Chief of Engineers of the Army Corps of Engineers.

(11) The Secretary of Agriculture.

(12) The Secretary of Defense.

(13) The Secretary of Transportation.

(14) The Secretary of State.

(15) The Secretary of Energy.

(16) The Administrator of the United States Agency for International Development.

(17) The Administrator of the Federal Emergency Management Agency.

(18) The Chair of the Council on Environmental Quality.

(d) Chair.—The interagency working group shall be chaired by the Administrator.

(e) Strategic plan.—

(1) IN GENERAL.—The Interagency Working group shall create a strategic plan for Federal investments in basic research, development, demonstration, long-term monitoring and stewardship, and deployment of coastal blue carbon ecosystem and marine blue carbon projects for the 5-year period beginning on the date that is 1 year after the date of enactment of this Act. The plan shall include—

(A) an assessment of the use of existing Federal programs to protect, restore, enhance, and preserve coastal blue carbon ecosystems;

(B) an analysis of potential sea level rise migration corridors for blue carbon ecosystems;

(C) an analysis of anticipated fish and wildlife uses of blue carbon ecosystems; and

(D) identification of priority strategies and investments for preserving, restoring, and enhancing the resilience and carbon sequestration potential of such blue carbon ecosystems.

(2) TIMING.—The interagency working group shall—

(A) submit the strategic plan under paragraph (1) to the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on a date that is not later than 1 year after the date of enactment of this Act; and

(B) submit a revised version of such plan to such committees every 5 years thereafter.

(3) FEDERAL REGISTER.—Not less than 90 days before the strategic plan, or any revision thereof, is submitted under paragraph (2), the interagency working group shall publish such plan in the Federal Register and solicit public comments on such plan for a period of not less than 60 days.

(a) Designation.—The Administrator, consistent with this section, shall designate as a coastal carbon area of significance any area that is—

(1) in the coastal zone (as such term is defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)), in territorial waters of the United States, or in the exclusive economic zone; and

(2) the location of water, a substrate, or an ecosystem that—

(A) provides for long-term storage and sequestration of significant amounts of ecosystem carbon; and

(B) (i) limits erosion and future landward migration;

(ii) provides a buffer against storm surge, especially for communities of color, low-income communities, and Tribal and Indigenous communities;

(iii) provides a spawning, breeding, feeding, or nesting habitat for wildlife; or

(iv) is estuarine habitat designated as essential fish habitat under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1601 et seq.).

(b) Guidelines.—The Administrator, in consultation with the interagency working group, shall, not later than 1 year after the date of enactment of this Act, establish by regulation guidelines based on the best available science to describe and identify coastal carbon areas of significance and measures to ensure the protection of coastal carbon areas of significance.

(c) Review and update.—The Administrator, in consultation with the interagency working group, shall review and update guidelines established under subsection (b) not less frequently than once every 5 years or when new information warrants such an update.

(d) Schedule.—The Administrator, in consultation with the interagency working group, shall establish a schedule for the identification of coastal carbon areas of significance under subsection (b) and for reviews and updates under subsection (c), and shall make initial designations of a coastal carbon area of significance in each coastal State not later than 1 year after the date of enactment of this Act.

(e) Recommendations and information.—The Administrator, in consultation with the interagency working group, shall, with respect to each coastal carbon area of significance, provide recommendations and information regarding the adverse impacts and threats to the carbon storage, ecosystem services, and habitat capacity of the area, and the actions that should be considered to avoid adverse impacts and ensure the conservation and enhancement of that area.

(f) Programs administered by the Secretary of Commerce.—The Administrator, in consultation with the interagency working group, shall use programs administered by the Secretary of Commerce to carry out this section and ensure the conservation and enhancement of each coastal carbon area of significance.

(g) Requirements for Federal actions.—With respect to any proposed agency action that has the potential to cause an adverse impact on the carbon storage, ecosystem services, or habitat capacity of any coastal carbon area of significance, each Federal agency shall comply with the following requirements:

(1) NOTIFICATION.—Such Federal agency shall notify the Administrator of such proposed agency action.

(2) DETERMINATION OF ADVERSE IMPACT.—The Administrator, in consultation with the proposing agency and subject to public comment, shall determine whether the proposed agency action will cause an adverse impact on the carbon storage, ecosystem, or habitat of a coastal carbon area of significance.

(3) ALTERNATIVE.—With respect to any proposed action the Administrator determines will have an adverse impact under paragraph (2), the proposing agency, in consultation with the Administrator, shall determine whether there is an alternative action that would prevent such adverse impact and fulfill the purpose of the proposed action. The proposing agency shall not take an action that would cause an adverse impact if an alternative that would not cause such adverse impact is available and would fulfill the purpose of such action.

(4) CARBON STORAGE OFFSETS.—With respect to a proposed action for which the agency determines no alternative is available under paragraph (3), the proposing agency shall—

(A) in consultation with the Administrator, take measures to minimize and mitigate such adverse impact;

(B) take such action as the Administrator determines necessary to create a coastal or marine blue carbon ecosystem storage offset that, taken in conjunction with the proposed action, results in a long term net increase in carbon storage, lasting an equivalent time period as the carbon storage lost by the adverse impact;

(C) demonstrate quantitatively, using the best available science, that the carbon storage offset will result in a net increase in ecological carbon storage and is located in close proximity to the original site to keep the affected communities whole;

(D) maintain such carbon storage offset for a period of time to be determined by the Administrator but not less than 100 years; and

(E) publish the agency’s proposed course of mitigation in the Federal Register for public notice and comment.

(h) Requirement for authorization or appropriation.—Any requests for a new authorization or appropriation from a Federal agency transmitted to the Office of Management and Budget shall include, if such authorization or appropriation may affect a coastal carbon area of significance, a certification that such agency will use such authorization or appropriation in compliance with this section.

(i) Required restrictions.—A Federal agency may not enter into a lease, easement, right-of-way, or sale of any land designated as a coastal carbon area of significance unless such agency attaches appropriate restrictions to the use of the property to protect the coastal carbon area of significance.

(j) Exception.—Preparation, revision, implementation, or enforcement of a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) that applies to area that is subject to a prohibition on all bottom-tending fishing gear shall not be treated as an action that is subject to subsection (g).

(a) In general.—The Secretary of the Smithsonian Institution, in coordination with the Administrator and the interagency working group, shall provide for the long-term stewardship, continuity, use, and interoperability of, and access to, data relating to coastal blue carbon ecosystems and national mapping, including United States Territories and Tribal lands, by supporting the maintenance of the Coastal Carbon Data Clearinghouse.

(b) Coastal carbon data clearinghouse duties.—Acting through the Coastal Carbon Data Clearinghouse, the Secretary of the Smithsonian Institution in coordination with the Administrator and interagency working group shall process, store, archive, provide access to, and incorporate to the extent possible, all coastal and marine blue carbon data collected through federally funded research by a Federal agency, State, local agency, Tribe, academic scientist, or other relevant entity.

(c) Global and national data assets.—The Secretary of the Smithsonian Institution, in coordination with the Administrator and the interagency working group, shall ensure that existing global and national data assets are incorporated into the Coastal Carbon Data Clearinghouse to the greatest extent possible.

(d) Establishment of standards, protocols, and procedures.—The Secretary of the Smithsonian Institution, in coordination with the Administrator and members of the interagency working group, shall establish standards, protocols, and procedures for the processing, storing, archiving, and providing access to data in the Coastal Carbon Data Clearinghouse and best practices for sharing such data with State, local, and Tribal governments, coastal stakeholders, non-Federal resource managers, and academia. The Administrator shall publish, update, and keep current such data on a publicly available website.

(e) Digital tools and resources.—The Secretary of the Smithsonian Institution, in coordination with the Administrator and members of the interagency working group, shall develop digital tools and resources to support the public use of the Coastal Carbon Data Clearinghouse.

(f) Authorization of appropriations.—There are authorized to be appropriated to the Secretary of the Smithsonian Institution $5,000,000 for each of fiscal years 2021 through 2025 to carry out this section.

There is authorized to be appropriated to the Administrator $50,000,000 for each of the fiscal years 2021 to 2025 to carry out this title.

In this title:

(1) BLUE CARBON STOCKS.—The term “blue carbon stocks” means terrestrial and marine vegetation and underlying sediment that has the capacity to sequester and store atmospheric carbon.

(2) COASTAL BLUE CARBON ECOSYSTEM.—The term “coastal blue carbon ecosystem” means vegetated coastal habitats including mangroves, tidal marshes, seagrasses, kelp forests, and other tidal or salt-water wetlands that have the capacity to sequester carbon from the atmosphere for a period of not less than 100 years.

(3) COASTAL CARBON AREAS OF SIGNIFICANCE.—The term “coastal carbon area of significance” means any area designated by the Administrator under section 107 as a coastal carbon area of significance.

(4) GRANT PROGRAM.—The term “grant program” means the Blue Carbon Partnership Grant Program established pursuant to section 104.

(5) INTERAGENCY WORKING GROUP.—The term “interagency working group” means the Interagency Working Group on Coastal Blue Carbon established under section 106.

(6) MARINE BLUE CARBON.—The term “ Marine Blue Carbon” means the sequestration of carbon in pelagic and deep sea ecosystems, including in sediments and through the ecosystem impacts of increased biomass of large marine wildlife.

(7) PROGRAM.—The term “Program” means the Blue Carbon Program required by section 101(a).

(a) Protection of habitat.—It is the policy of the United States—

(1) to prohibit any commercial extractive or destructive human activity in at least 30 percent of the ocean under United States jurisdiction by 2030. The 30 percent shall include existing areas in which commercial extractive and destructive human activities are and continue to be prohibited; and

(2) to support the adoption and implementation of a global goal to protect at least 30 percent of land and 30 percent of ocean areas by 2030 under the Convention on Biological Diversity.

(b) Habitats and ecosystems subject to protection.—It is the policy of the United States to protect ocean habitats and ecosystems that represent—

(1) the diversity of the United States ocean;

(2) areas important for conserving and, where appropriate, preserving biodiversity;

(3) critical breeding, resting, and feeding habitats for wildlife;

(4) interconnected networks of marine protected areas and wildlife migration corridors;

(5) areas that will help mitigate the impacts of the climate crisis, including those areas that provide carbon storage, adaptation, and resilience benefits;

(6) areas that are relatively pristine and least impacted by human activity; and

(7) areas that help mitigate threats to the United States most vulnerable coastal communities, including protections for natural resources that support the economy and health of communities that rely on a healthy and clean ocean, in particular communities of color, low-income communities, and Tribal and Indigenous communities adversely affected by climate change.

(c) Considerations in carrying out policy.—A Federal agency carrying out the policies described in this section shall seek to carry out such policies in a manner that—

(1) relies on best available science;

(2) includes meaningful input from States, local communities, and Native American Tribes, and respects Tribal history of sustainable resource management, Indigenous sustainable resource management, Tribal sovereignty, and the right to Tribal self-determination;

(3) improves access to nature for all people, with an emphasis on increasing access for communities of color and low-income communities;

(4) provides ecological and geographic representation, taking into account that some Fishery Management Councils have taken action to ban the use of all bottom-tending fishing gear and all fishing gear with bycatch rates that adversely affect marine wildlife populations;

(5) conserves, protects, and restores biodiversity;

(6) protects ecosystems and the services of ecosystems, restores degraded ecosystems, and maintains ecological functions;

(7) enhances climate mitigation, adaptation, and resilience, including by protecting ecosystems, species and genetic diversity;

(8) supports sustainable economic opportunity for people who depend on the ocean for their livelihoods by making the ocean more resilient to climate change and enhancing ecosystem functioning;

(9) evaluates the negative and positive economic impacts of such policies and considers ways to mitigate such negative impacts;

(10) considers local and regional input in the design and implementation of protected areas, including input from stakeholders, and considers the cultural values, including seafaring and maritime heritage values, of the United States; and

(11) provides tools and resources to ensure that protected areas are effectively managed.

(d) Definitions.—In this section:

(1) COMMUNITIES OF COLOR.—The term “communities of color” means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average populations of that category for the State in which the community is located:

(A) Black.

(B) African American.

(C) Asian American.

(D) Pacific Islander.

(E) Other non-White race.

(F) Hispanic.

(G) Latino.

(H) Linguistically isolated.

(2) PROTECT AND PROTECTION.—Each of the terms “protect” and “protection” means the establishment of enduring measures on land, waters, and oceans that support thriving biodiversity, contribute to climate resilience, and provide ecosystem services, such that their natural character, resources, and functions are conserved, protected, restored and, when shown necessary, enhanced for current and future generations.

(a) Establishment.—Not later than 45 days after the date of enactment of this Act, the President shall establish the 30x30 Interagency Task Force.

(b) Chair.—The task force shall be chaired by the chair of the Council on Environmental Quality.

(c) Composition.—The President shall appoint the following individuals as members of the task force:

(1) The Administrator of the Environmental Protection Agency.

(2) The Administrator.

(3) The Secretary of the Interior.

(4) The Secretary of Defense.

(5) The Secretary of State.

(6) The Secretary of Energy.

(7) The Secretary of Homeland Security.

(8) The Director of the Office of Science and Technology Policy.

(d) Plan.—Not later than one year after the date on which the task force is established, the task force shall—

(1) develop a plan and schedule consistent with the policy of prohibiting any commercial extractive or destructive human activity on at least 30 percent of the ocean under United States jurisdiction by 2030 that includes—

(A) an update to the National Marine Protected Area Center’s Marine Protected Area Inventory;

(B) the identification of candidate areas for protection that meet one or more of the criteria set out in section 201(b); and

(C) annual benchmarks for achieving the policy described in subsection (d)(1); and

(2) develop a plan to provide technical assistance, data, and other resources for identifying and establishing strongly protected areas of the ocean in areas beyond national jurisdiction that includes—

(A) an inventory of areas already protected in areas of the ocean beyond the jurisdiction of the United States, and a description of any activities that are currently allowed in each of the areas; and

(B) an inventory of areas that other countries or international governing bodies are considering making a marine protected area.

(e) Inventory.—The task force shall conduct an inventory of areas under United States jurisdiction that are subject to both a prohibition on all bottom-tending fishing gear and a prohibition on all fishing gear with bycatch rates that adversely affect marine wildlife populations, and identify additional prohibitions on nonfishing commercial activities in those areas.

(f) Annual report.—Not later than 2 years after the date of enactment of this Act, and annually thereafter, the task force shall submit a report to Congress on the progress of the United States in meeting the policy described in subsection (d)(1).

(g) Agency plans.—Not later than 180 days after the date on which the task force issues a plan under subsection (d), each member of the task force shall develop and implement an agency plan for actions to be taken to implement such task force plan.

(h) Public comment and consultation.—The development of a plan under subsection (e) and the development of a plan under subsection (g) shall be subject to public comment and carried out in consultation with relevant Regional Fishery Management Councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(i) Definitions.—In this section the term “task force” means the 30x30 Interagency Task Force established pursuant to subsection (a).

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall initiate the process to designate as a national marine sanctuary under section 304 of the National Marine Sanctuaries Act (16 U.S.C. 1433) each of the areas identified in the Inventory of Successful Nominations of the National Oceanic and Atmospheric Administration as of October 20, 2020.

(b) Removal of limitations on designations.—Section 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434) is amended by striking subsection (f).

(a) Designation.—The Administrator shall designate as a Deep Sea Coral Marine Conservation Area any area where deep sea coral is found—

(1) that is—

(A) within the waters of the exclusive economic zone; or

(B) on the Outer Continental Shelf; and

(2) in which the Administrator or a Regional Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852) has prohibited the use of gear in contact with the ocean bottom, and towed from a vessel, which is moved through the water during fishing in order to capture fish, including otter trawls, beam trawls, hydraulic dredges, non-hydraulic dredges, and seines (with the exception of a purse seine).

(b) Prohibitions.—Except as provided in subsection (c), the following activities are prohibited in a Deep Sea Coral Marine Conservation Area—

(1) exploring for, developing, or producing oil, gas, or minerals;

(2) using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of any marine resource;

(3) intentionally introducing or otherwise releasing any non-native species;

(4) anchoring on any living or dead coral;

(5) drilling into, dredging, or otherwise altering the seafloor;

(6) use of bottom trawl nets or other bottom-tending fishing gear; and

(7) deliberate dumping or discharge of noxious substances, materials that may cause eutrophication, or materials that artificially increase endemic pest outbreaks.

(c) Exceptions.—Subsection (b) shall not apply to—

(1) otherwise lawful conduct of the armed forces (as such term is defined in section 101 of title 10, United States Code) unless such conduct is deemed destructive by the Secretary of Commerce to a national marine monument or marine sanctuary;

(2) an action necessary to respond to an emergency threatening life, property, or the environment, or an activity necessary for a national security or law enforcement purpose; and

(3) scientific exploration or research activities, subject to such terms and conditions as the Secretaries consider necessary for the care and management of the living and nonliving marine resources of the Conservation Area.

(d) Analysis.—The Administrator shall, every two years, conduct an analysis and provide recommendations to each Regional Fishery Management Council established under 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852) as to whether any additional area should be protected by a prohibition on the use of gear in contact with the ocean bottom, and towed from a vessel, which is moved through the water during fishing in order to capture fish, including otter trawls, beam trawls, hydraulic dredges, non-hydraulic dredges, and seines (with the exception of a purse seine).

(a) In general.—Not later than 90 days after the date of enactment of this Act, the Secretary of Commerce and the Secretary of the Interior, in coordination with relevant Federal and State agencies, shall begin a marine biodiversity gap analysis meeting the requirements described in subsection (b) to be completed not later than 18 months after such date. Such Secretaries, in coordination with relevant Federal and State agencies, shall update such analysis not less frequently than every 2 years thereafter.

(b) Requirements.—The requirements of this subsection are that the Marine Biodiversity Gap Analysis shall—

(1) be consistent with the policy set out in section 201;

(2) assess habitats, species, and ecosystems across the United States ocean waters and coasts; and

(3) determine what types of habitats, species, and ecosystems and the percentage of each type of habitat, species, and ecosystem are necessary to protect in order to—

(A) protect biodiversity; and

(B) mitigate and provide resilience to the impacts of climate change.

(c) Publication.—The Secretary of Commerce shall publish the marine biodiversity gap analysis required by subsection (a) on a public website.

(d) Report.—Biennially, the Secretary of Commerce and Secretary of the Interior shall publish a report on candidate areas for protection, and on progress for advancing protection of habitats, species, and biodiversity identified in the gap analysis required by subsection (a).

(e) Authorization of appropriations.—There is authorized to be appropriated $2,000,000 in each fiscal year to carry out this section.

(a) In general.—Notwithstanding any provision of law, beginning on the date of enactment of this section, with respect to any area on the Outer Continental Shelf, no agency of the United States or person may conduct or authorize any other person to conduct—

(1) oil and gas preleasing, leasing and related activities; or

(2) geological or geophysical activities in support of oil, gas, or methane hydrate exploration or development except such activities conducted pursuant to a lease issued before the date of enactment of this section.

(b) Best available technology.—In addition to any other measures required by law, the Secretary of the Interior shall require any lessee conducting geophysical exploration on the Outer Continental Shelf to use the best commercially available technology with respect to reducing acoustic pressure levels to conduct such exploration.

(c) Outer Continental Shelf.—In this section, the term “Outer Continental Shelf” has the meaning given the term “outer Continental Shelf” in Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331).

(a) Findings.—Congress finds the following:

(1) Rapid decarbonization of the electric sector is central to stopping global temperature rise at 1.5 degrees Celsius.

(2) The United States can and must address this crisis by putting people to work building the necessary infrastructure to overcome the climate threat.

(3) The United States offshore wind resources must be harnessed in order to both rapidly reduce our carbon emissions and put people back to work.

(4) Deploying 30,000 megawatts of offshore wind by 2030 will result in up to 83,000 jobs, $57,000,000,000 of cumulative investment in the United States economy, and $25,000,000,000 in annual economic input.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the United States should rapidly build out its offshore wind resources as a key part of achieving a national goal of net zero emissions;

(2) offshore wind lease areas should be determined by a robust and transparent stakeholder process that incorporates early engagement and input from diverse user groups as well as Federal, State, and local governments;

(3) offshore wind buildout must ensure ecosystem health and the protection of vulnerable and endangered species; and

(4) permitting agencies must have sufficient resources to carry out a robust and efficient permitting process.

(a) Targets.—The Secretary of the Interior shall seek to permit—

(1) not less than 12.5 gigawatts of offshore wind energy production on the Outer Continental Shelf by January 1, 2025; and

(2) not less than 25 gigawatts of offshore wind energy production on the Outer Continental Shelf by January 1, 2030.

(b) Report.—The Secretary of the Interior shall report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate beginning in December 2020 and each year thereafter on the Secretary’s progress in meeting the targets described in subsection (a).

Section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)) is amended—

(1) in paragraph (1)—

(A) in subparagraph (G), by striking “or”;

(B) in subparagraph (H), by striking the period at the end and insert “; or”; and

(C) by adding at the end the following:

“(I) to the Secretary of the Interior for use relating to siting, exploration, production, or promotion of offshore wind energy on the Outer Continental Shelf.”; and

(2) in paragraph (2), by striking “(H)” and inserting “(I)”.

(a) In general.—Of the amounts obtained from each lease sale beginning on the date that is 60 days after the date of enactment of this Act, $5,000,000 shall be available without subsequent appropriation to Administrator to fund cooperative research on the interaction between wind-development, fisheries, protected species, and marine species of mammals, birds, and sea turtles, and the technologies for data collection and other scientific and permitting needs deemed necessary by the Secretary of Commerce, in consultation with the Secretary of the Interior and the Secretary of Energy, to support responsible long-term development of offshore wind energy resources on the Outer Continental Shelf.

(b) Conforming amendment.—Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended by striking “all” and inserting “Except as provided in section 314 of the Ocean-Based Climate Solutions Act of 2020, all”.

Section 113 of Division G of Public Law 113–7 is amended to read as follows:

Not later than 1 year after the date of enactment of this Act, the National Academies shall prepare a report that reviews, compiles, and synthesizes existing research and best practices for offshore wind development that minimize effects on wildlife and protected species. The report shall—

(1) provide a quantitative assessment of the contributions of offshore wind in reducing carbon emissions in the electricity sector and helping to improve human health and wildlife populations along the Atlantic and Pacific coasts of the United States; and

(2) provide a quantitative assessment of effectiveness of methods to measure the effects of offshore wind on wildlife and best practices to monitor, avoid, minimize, and mitigate harm to wildlife.

(a) Application of Outer Continental Shelf Lands Act with respect to Territories of the United States.—

(1) IN GENERAL.—Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended—

(A) in paragraph (a)—

(i) by inserting after “control” the following: “or lying within the exclusive economic zone of the United States and the outer Continental Shelf adjacent to any territory or possession of the United States”; and

(ii) by adding at the end before the semicolon the following: “, except that such term shall not include any area conveyed by Congress to a territorial government for administration”;

(B) in paragraph (p), by striking “and” after the semicolon at the end;

(C) in paragraph (q), by striking the period at the end and inserting “; and”; and

(D) by adding at the end the following:

“(r) The term ‘State’ means the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.”.

(2) EXCLUSIONS.—Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following:

“(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the Territories and possessions of the United States.”.

(b) Wind lease sales for areas of outer Continental Shelf.—The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following:

(a) In general.—Subtitle C of title VI of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.) is amended to read as follows:

(b) Conforming table of contents amendment.—The table of contents for the Energy Independence and Security Act of 2007 is amended by striking the items relating to subtitle C of title VI and inserting the following:

(c) Conforming amendments.—

(1) ENERGY POLICY ACT OF 2005.—The Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.) is amended—

(A) in section 201(a), by striking “ocean (including tidal, wave, current, and thermal)” and inserting “marine”;

(B) in section 203(b)(2), by—

(i) inserting “marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007) or” before “electric energy”; and

(ii) by striking “ocean (including tidal, wave, current, and thermal)”;

(C) in section 931(a)(2)(E)(i), by striking “ocean energy, including wave energy” and inserting “marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007)”; and

(D) in section 1833(a), by striking “ocean energy resources (including tidal, wave, and thermal energy)” and inserting “marine energy resources (within the meaning of section 632 of the Energy Independence and Security Act of 2007)”.

(2) ENERGY POLICY ACT OF 1992.—Section 1212 of the Energy Policy Act of 1992 (42 U.S.C. 13317) is amended—

(A) in subsection (a)(4)(A)(i), by striking “ocean (including tidal, wave, current, and thermal)” and inserting “marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007)”;

(B) in subsection (b), in the matter preceding paragraph (1), by striking “ocean (including tidal, wave, current, and thermal)” and inserting “marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007)”; and

(C) in subsection (e)(1), in the first sentence, by striking “ocean (including tidal, wave, current, and thermal)” and inserting “marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007)”.

(3) RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY COMPETITIVENESS ACT OF 1989.—The Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 (42 U.S.C. 12001 et seq.) is amended—

(A) in section 4 (42 U.S.C. 12003)—

(i) in subsection (a)(5), by striking “Ocean” and inserting “Marine”; and

(ii) in subsection (c), in the matter preceding paragraph (1), by striking “Ocean” and inserting “Marine”; and

(B) in section 9(c) (42 U.S.C. 12006(c)), by striking “ocean,” and inserting “marine,”.

Section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is amended by adding at the end the following:

“(C) With respect to any lease under this subsection for the production of wind energy, 30 percent of the revenue from such lease shall be deposited in the National Oceans and Coastal Security Fund established by section 904 of the National Oceans and Coastal Security Act (16 U.S.C. 7503).”.

It is the sense of Congress that—

(1) American wild-caught seafood is integral to the nation’s food supply and to American food security;

(2) the seafood supply chain is often long and complex;

(3) American caught and American-processed seafood can be a sustainable healthy source of protein and micronutrients;

(4) fresh, frozen, dried, and canned domestic seafood can be produced, processed, and transported in a manner that has a low carbon footprint;

(5) marine species that are small, at lower trophic levels, and pelagic typically have the smallest carbon footprint; and

(6) therefore, any executive agency that purchases seafood products should, to the extent practicable, buy local American-caught or American-harvested and American-processed seafood products from fisheries that are not overfished or experiencing overfishing in order to reduce the greenhouse gas emissions associated with the supply chain of seafood products.

Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C. 713c–3(c)(1)) is amended to read as follows:

“(1) The Secretary shall make grants from the fund established under subsection (b) to—

“(A) assist persons in carrying out research and development projects addressed to any aspect of United States fisheries, including harvesting, processing, marketing, and associated infrastructures; or

“(B) assist persons to market and promote the consumption of—

“(i) local or domestic fishery products;

“(ii) environmentally- and climate-friendly fishery products that minimize bycatch and impacts on marine mammals;

“(iii) invasive species; or

“(iv) well-managed but less known species.”.

(a) In general.—Section 102(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201(b)) is amended by adding at the end the following:

“(23) FISH SUBSIDIES.—The principal negotiating objectives of the United States with respect to fish subsidies are the following:

“(A) To eliminate subsidies that contribute to overcapacity, overfishing, or illegal, unreported, and unregulated fishing, such as subsidies that—

“(i) increase the marine fishing capacity of fishing vessels or support the acquisition of equipment that increases the ability of fishing vessels to find fish;

“(ii) support the construction of fishing vessels, importation of fishing vessels, or government repurchase of fishing vessels outside of a binding and effective fishing capacity reduction program that includes the corresponding elimination of fishing rights and a binding and effective prohibition on the reuse of vessels for fishing to increase capacity in any fishery;

“(iii) affect fish stocks in any fishery—

“(I) in an overfished or worse condition;

“(II) whose stock levels are declining; or

“(III) whose stock level status remains unknown;

“(iv) are provided to fishing enterprises engaged in long-distance fishing, either on the high seas or in the exclusive economic zone of a third country;

“(v) support the transfer or reflagging of fishing vessels to third countries, including through the creation of joint ventures with partners of those countries;

“(vi) are provided to the fishing enterprises or to owners or operators of vessels that have been determined to have engaged in illegal, unreported, and unregulated fishing by a coastal state or a regional fisheries management organization; or

“(vii) reduce fuel, insurance, or other operating costs solely for fishing enterprises.

“(B) To require parties to trade agreements—

“(i) to report to an environmental affairs committee established under the agreement, on an annual basis, all marine fishing-related subsidies provided by the parties, including fleet capacity and trade data concerning the fisheries that the subsidies affect;

“(ii) to establish an independent body to make annual assessments of the health of fish stocks in each domestic fishery and report such assessments to such environmental affairs committee;

“(iii) with respect to shared or international fisheries in which each party is involved in fishing activities, to commit to cooperating with third countries, regional fisheries management organizations, and assessment bodies in annual assessments of the health of fish stocks in such fisheries; and

“(iv) to certify to such environmental affairs committee that they have made and continue to make adequate progress toward the goal of protecting and conserving, through well-connected and effective system of protected areas and other effective area-based conservation measures, at least 30 percent of the planet by 2030, with the focus on areas particularly important for biodiversity.

“(C) To require parties to trade agreements that are also members of the World Trade Organization to work collaboratively at the Organization to establish and maintain robust disciplines on fisheries subsidies.”.

(b) Effective date.—The amendments made by subsection (a)—

(1) take effect on the date of the enactment of this Act; and

(2) apply with respect to negotiations for trade agreements subject to the provisions of section 103 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4202) entered into on or after such date of enactment.

Section 53708(b)(2) of title 46, United States Code, is amended—

(1) in subparagraph (A) by striking “or” at the end;

(2) in subparagraph (B) by striking “increased fuel efficiency or improved safety.” and inserting “improved safety; or”; and

(3) by adding at the end the following:

“(C) increasing fuel efficiency and reducing fuel usage, which may include—

“(i) installation of solar panels;

“(ii) engine replacement or retrofit, including the installation of new fuel-efficient, low-emission engines, including hybrid electric marine engines or generators;

“(iii) gearbox or propeller replacement;

“(iv) modifications to hull shape; and

“(v) modifications to fishing gear.”.

Title IV of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881 et seq.) is amended by adding at the end the following:

(a) Climate-Ready fisheries innovation program.—Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a program, including grants, to develop innovative tools and approaches designed to increase the adaptive capacity of fishery management to the impacts of climate change. In administering such program, the Administrator shall—

(1) develop science and management approaches that address regional and national priorities to improve the conservation and management of fishery resources under current and anticipated climate impacts;

(2) provide for routine consultation with fishery managers and scientists in order to maximize opportunities to incorporate results of the program in fishery management actions;

(3) promote adoption of methods developed under the program in fishery management plans developed by the Regional Fishery Management Councils;

(4) provide information and outreach to the private sector and academic sector to encourage development of tools and approaches to manage the effects of climate change on fisheries; and

(5) provide information and outreach to fishery participants to increase understanding of and encourage adoption and use of tools and approaches developed under the program.

(b) Coordination of the program.—

(1) The Administrator shall establish a process to ensure coordination with and outreach to—

(A) regional offices and science centers of the National Marine Fisheries Service;

(B) the Regional Fishery Management Councils;

(C) the scientific and statistical committees of such Fishery Management Councils; and

(D) other relevant programs, including the cooperative research and management program under Section 318 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1867), the Integrated Ocean Observing System, and programs within the National Oceanic and Atmospheric Administration designed to address ocean acidification.

(2) Such coordination should include identification of multi-year research priorities to study and understand the current and anticipated impacts of climate change on fisheries, fisheries interactions, habitats, fishery participants, fisheries science and monitoring, or other relevant priority. Such priorities should be routinely reviewed in a timeframe not to exceed 5 years and updated as necessary.

(c) Report.—Every 2 years, beginning 2 years after the date of the enactment of this Act, the Administrator shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Natural Resources that—

(1) describes funding provided to implement this section;

(2) includes descriptions of and developments in tools and approaches achieved under this section;

(3) describes how and in which fisheries these tools and approaches have been implemented; and

(4) describes improvements in fishery climate-readiness associated with implementing this section, as well as proposals to address remaining problems.

(a) Establishment.—The Administrator shall establish, not later than 120 days after the date of enactment of this Act, a task force to be known as the “Shifting Stocks Task Force” consisting of 10 members, including 1 member recommended by each of 8 Regional Fishery Management Councils and the Highly Migratory Species Advisory Panel and the Administrator or their designee.

(b) Membership.—

(1) TERMS.—Except as provided by paragraph (2), terms of appointed members of the Task Force shall be staggered, shall be 2 years in duration, and no member shall serve more than 3 terms.

(2) VACANCY.—Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term.

(3) CRITERIA FOR APPOINTMENT.—Members appointed to the Task Force shall be Federal employees, State employees, Tribal and Indigenous representatives, academics, or independent experts, shall have strong scientific or technical credentials and experience, and shall not include members of the Regional Fishery Management Councils.

(4) TRAVEL EXPENSES.—Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

(5) CHAIRPERSON.—The chairperson of the Task Force shall be elected by the members.

(c) Meetings.—The Task Force shall meet not less than 4 times annually.

(d) Staff support.—Upon request of the Task Force, the Administrator may detail on a reimbursable basis personnel to the Task Force to assist such Task Force.

(e) Development of criteria.—Not later than 1 year after the date of enactment of this Act, the Task Force shall develop, in consultation with the Administrator and the Regional Fishery Management Councils, science-based decision-making criteria to make jurisdiction, allocation, and fishery management decisions that minimize the risk of overfishing and maximize stock and ecosystem resilience to the effects of climate change, are consistent with the national standards, the other provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits), and any other applicable law.

(f) Recommendations.—The Task Force shall make recommendations to the Administrator and to the Regional Fishery Management Councils recommendations for the allocation and distribution of fishing privileges based on the criteria developed under subsection (e).

(g) Petitions.—Any member of the public may submit a petition to request the review of potentially shifting stock. In order to be eligible for consideration, a petition must include sufficiently descriptive information regarding the stock or stocks in question, the jurisdiction or allocation concerns, and any other relevant information.

(h) Petition review and recommendation.—

(1) DETERMINATION OF SUFFICIENT INFORMATION.—Upon receipt of a petition under subsection (f), the Task Force shall, not later than 60 days after the date of such receipt, determine by majority vote whether the petition contains sufficient information to show that a substantial shift in the distribution of a stock has occurred.

(2) REVIEW PROCESS.—If the Task Force makes a determination under paragraph (1) that a petition contains sufficient information, the Task Force shall review such petition. Such review shall include—

(A) a public hearing in the affected region; and

(B) a public notice and comment period of not less than 90 days.

(3) WRITTEN RECOMMENDATION.—Upon completion of a review under paragraph (2), the Task Force shall—

(A) determine which Regional Fishery Management Council’s or Councils’ geographic area of authority the fishery is located in; and

(B) submit to the Administrator, each affected Regional Fishery Management Council, and the petitioner written recommendations for allocation and distribution of fishing privileges within the fishery.

(4) RESPONSE.—Upon receipt of a recommendation from the Task Force under paragraph (3), the Administrator shall—

(A) begin consultation with the affected Regional Fishery Management Council regarding necessary changes to fishery management plans; and

(B) not later than 180 days after the date of receipt of the Task Force’s recommendation, ensure that a compliant fishery management plan that fully accounts for the best available science on shifting stocks and the recommendations of the Task Force is created, published, and implemented.

(5) PUBLICATION.—The Task Force shall publish on the internet each petition received under this section, the determination as made under paragraph (1) and any written recommendations produced under paragraph (3).

(i) Task force.—In this section, the term “Task Force” means the Shifting Stocks Task Force established pursuant to subsection (a).

Section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(b)) is amended—

(1) in paragraph (1)(A)—

(A) by inserting “every five years” after “updating”; and

(B) by inserting “, changes to habitat, in part due to climate change,” after “evidence”;

(2) in paragraph (1)(D), by inserting “and such agencies shall take action” after “agencies”;

(3) by striking paragraphs (2) through (4) and inserting after paragraph (1) the following:

“(2) CONSULTATIONS REGARDING FEDERAL AGENCY ACTION WITH ADVERSE EFFECTS ON ESSENTIAL FISH HABITAT.—

“(A) REQUIREMENT TO AVOID OR MITIGATE ADVERSE EFFECTS.—

“(i) ESSENTIAL FISH HABITAT.—With respect to any Federal agency action that may have an adverse affect on essential fish habitat, each Federal agency shall, in consultation with the Secretary, ensure that any action authorized, funded, or undertaken by such agency avoids the adverse effect of such action on essential fish habitat or, to the extent that the adverse effect cannot be avoided, the agency shall minimize and mitigate the adverse effect.

“(ii) HABITAT AREA OF PARTICULAR CONCERN.—No Federal agency may authorize, fund, or undertake an action if such agency determines, in consultation with the Secretary, that such action would have an adverse effect on a habitat area of particular concern.

“(B) REGULATIONS.—The Secretary shall establish regulations for the consultation process required by subparagraph (A), including to ensure that recommendations made by the Secretary pursuant to such subparagraph would result in the avoidance, if possible, of adverse effects on essential fish habitat and, if avoidance is not possible, the minimization and mitigation of any such adverse effects.

“(3) INFORMATION TO COUNCIL.—The Secretary shall inform each affected Council of any consultation carried out under paragraph (2), including information on the proposed action and any potential adverse effects, and each affected Council—

“(A) may comment on and make recommendations to the Secretary and any Federal or State agency concerning the underlying action if, in the view of the Council, such action may affect the habitat of a fishery resource under the authority of such Council; and

“(B) shall comment on and make recommendations to the Secretary and any Federal or State agency concerning the underlying action if, in the view of the Council, such action is likely to adversely affect the habitat of an anadromous fishery resource under the authority of such Council.

“(4) INFORMATION FROM OTHER SOURCES.—

“(A) RECEIPT OF INFORMATION.—If the Secretary receives information from any source and determines that an action taken, funded, or authorized or proposed to be taken, funded, or authorized by a State or Federal agency may have an adverse effect on an essential fish habitat identified under this Act, the Secretary shall recommend to such agency measures that avoid such adverse effects and minimize or mitigate such adverse effects that cannot be avoided.

“(B) REQUIRED RESPONSE.—Not later than 30 days after receiving a recommendation under subparagraph (A), a Federal, State, or local agency shall provide a detailed response in writing to any Council comment under paragraph (3) and the Secretary regarding the matter. The response shall include a description of measures proposed by the agency for avoiding the adverse effects, or to the extent the adverse effects cannot be avoided, mitigating the adverse effects of the action on such essential fish habitat. In the case of a response that is inconsistent with the recommendations of the Secretary, the Federal agency shall explain how the alternative measures proposed will avoid the adverse effects of such action on essential fish habitat or, to the extent that adverse effects cannot be avoided, mitigate the adverse effects.

“(C) PUBLICATION.—The Secretary shall make available to the public—

“(i) any recommendation made under subparagraph (A) on the date on which such recommendation is made; and

“(ii) any response made by an agency under subparagraph (B) on the date on which such response is received.

“(5) ESSENTIAL FISH HABITAT.—In this subsection, the term ‘habitat areas of particular concern’ means specific types of areas that are part of or within essential fish habitat that—

“(A) provide an important ecological function, including for maintaining and restoring the biomass, demographic, spatial, or genetic characteristics of fish populations;

“(B) are sensitive to human-induced environmental degradation;

“(C) are or will be significantly stressed by human activities;

“(D) due to prevailing or anticipated future environmental conditions, are or may become important to the health of managed species; or

“(E) are rare.”.

(a) Establishment.—The Administrator shall establish an Ocean Aquaculture Research and Policy Program to address opportunities, challenges, and innovation in restorative ocean aquaculture development, siting, and operations in the coastal waters and exclusive economic zone through—

(1) investment in research and technical assistance to ensure adverse impacts to the marine environment can be fully understood, anticipated, accounted for, and avoided and impacts to wild-capture fisheries and marine wildlife are minimized during the species selection, design, development, siting, and operation of aquaculture facilities; and

(2) the development and application of best management practices to ensure the species selection, design, development, siting, and operation of restorative ocean aquaculture maximizes potential benefits while minimizing potential adverse impacts to the marine environment and wild-capture fisheries.

(b) Use of existing programs.—The Administrator shall use existing grant and research programs to support the design, development, siting, and operation of restorative ocean aquaculture using best management practices to maximize potential benefits and minimize potential adverse impacts to the marine environment.

(c) Prioritization in other programs.—In carrying out other programs relating to aquaculture research and development, the Administrator shall prioritize restorative ocean aquaculture, including in carrying out—

(1) the Small Business Innovation Research Program of the National Oceanic and Atmospheric Administration;

(2) National Sea Grant College Program; and

(3) section 2 of the Act of August 11, 1939 (15 U.S.C. 713c–3).

(d) Prioritization within the program.—In carrying out this section, the Administrator shall prioritize support for research and technology development that includes—

(1) design analyses of restorative aquaculture systems to maximize ecosystem benefits while avoiding adverse impacts to the marine environment and wild-capture fisheries and marine wildlife;

(2) spatial analyses to understand and evaluate where siting of restorative aquaculture can minimize adverse impacts to migratory birds and waterbirds, marine birds and mammals, endangered species, and other aspects of the marine ecosystem;

(3) monitoring both the individual and cumulative environmental impacts of current and proposed small scale aquaculture operations to inform potential impacts of large-scale operations and siting;

(4) offshore monitoring, remediation, and mitigation technology development; and

(5) understanding and preparing for impacts that climate change may have on design development, siting, and operations of restorative aquaculture facilities and the marine environment.

(e) Report.—Not later than 1 year after the date of the enactment of this Act, the National Academies shall submit to the Administrator and to Congress a report that reviews, compiles, and synthesizes existing technologies and assessments of restorative ocean aquaculture to further inform ongoing research and technical assistance funded under subsection (c).

(f) Content.—The report required by subsection (e) shall include the following:

(1) A quantitative assessment of the capacity for sequestering and storing significant amounts of carbon from the atmosphere and ocean to mitigate the impacts of climate change.

(2) A comprehensive assessment of the blue carbon potential for an aquaculture project, including its potential environmental impacts, including cumulative impacts, to native marine species and marine habitat and the potential adverse wildlife interactions likely to result from the use of restorative aquaculture technologies in use or under development worldwide.

(3) A comprehensive assessment of the potential impacts, including cumulative impacts, to wild-capture fisheries and marine wildlife and the productivity thereof likely to result from the use of restorative aquaculture technologies in use or under development worldwide.

(4) An assessment of any known ecosystems services that have been derived from restorative ocean aquaculture and design, including siting and size parameters that maximize those benefits.

(5) A detailed discussion of the mitigation measures available currently to reduce any negative environmental or wild-capture fisheries and marine wildlife impacts identified and their degree of efficacy, as well as the real-time facility monitoring options available.

(6) Recommendations of regionally relevant siting, installation, and operations standards necessary to ensure that restorative ocean aquaculture facilities are developed and operated in a manner which minimizes impacts to the marine environment and avoids and minimizes harmful interactions with marine wildlife and habitat or conflict with other existing ocean-user groups.

(7) Economic analysis identifying the potential benefits and impacts to commercial and recreational fishing and ocean recreation industries resulting from restorative ocean aquaculture.

(8) Recommendations for further research and assessments that should be supported.

(9) A sustainability classification system to assess the various types of restorative aquaculture on a range of life cycle ecological and social benefits and provides a composite score with which to rank such types of restorative aquaculture.

Section 3(1) of the Coastal Barrier Resources Act (16 U.S.C. 3502(1)) is amended—

(1) by striking “means” and inserting “includes”;

(2) in subparagraph (A), by inserting “bluff,” after “barrier spit,”; and

(3) in subparagraph (B), by inserting “including areas that are and will be vulnerable to coastal hazards, such as flooding, storm surge, wind, erosion, and sea level rise” after “nearshore waters”.

(a) In general.—

(1) PROJECT.—The Secretary of the Interior shall carry out a coastal hazard pilot project to produce draft maps of areas which could be added to the John H. Chafee Coastal Barrier Resources System that are and will be vulnerable to coastal hazards, such as flooding, storm surge, wind, erosion and sea level rise, and areas not in such System to which barriers and associated habitats are likely to migrate as sea level rises.

(2) NUMBER OF UNITS.—The coastal hazard pilot project shall consist of the creation of maps for no more than 10 percent of the System, one-third of which shall be otherwise protected areas as that term is defined in section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101–591).

(b) Report.—

(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the coastal hazard pilot project and the criteria and costs of completing coastal hazard maps for the entire System.

(2) CONTENTS.—The report shall include a description of—

(A) the final recommended maps created under the coastal hazard pilot project;

(B) recommendations for the adoption of the digital maps created under this section by Congress;

(C) a summary of the comments received from the Governors of the States, other government officials, and the public regarding the maps; and

(D) a description of the criteria and the amount of funding necessary for completing coastal hazard maps for the entire System.

(c) Consultation.—The Secretary shall prepare the report required under subsection (b)—

(1) in consultation with the Governors of the States in which any System units and otherwise protected areas are located; and

(2) after—

(A) providing an opportunity for the submission of public comments; and

(B) considering any public comments submitted under subparagraph (A).

(a) Report.—Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit a report to Congress on ways to protect undeveloped coastal barriers along the Pacific Coast of the United States, including in the Pacific Territories and Freely Associated States. Such study shall examine the potential for loss of human life and damage to fish, wildlife, and other natural resources, and the potential for the wasteful expenditure of Federal revenues, along the Pacific Coast, giving particular attention to tsunami, flood, erosion, and storm damage, and sea level rise impacts.

(b) Contents.—The report required under subsection (a) shall evaluate ways in which the definition of the term “undeveloped coastal barrier” under section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502) could be expanded to more accurately address the geology and functions of coastal barriers in areas along the Pacific Coast, including in the Pacific Territories and Freely Associated States, including the ways in which coastal bluffs, rocky outcroppings, beaches, wetlands, estuaries, coral reefs, mangroves, and other landforms in such areas function as coastal barriers by absorbing storm impacts, protecting inland communities from sea level rise impacts, providing habitat, and being subject to erosion.

(c) Preparation and submission of maps.—

(1) PREPARATION.—As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps identifying the boundaries of those undeveloped coastal barriers of the United States along the Pacific Coast, including in the Pacific Territories and Freely Associated States.

(2) SUBMISSION TO CONGRESS.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress maps identifying the boundaries of those undeveloped coastal barriers of the United States along the Pacific Coast, including the Pacific Territories and Freely Associated States, that the Secretary considers to be appropriate for inclusion in the John H. Chafee Coastal Barrier Resources System.

(d) Pacific Territories and Freely Associated States defined.—In this section the term “Pacific Territories and Freely Associated States” means each of American Samoa, Guam, the Republic of the Marshall Islands, the Federated States of Micronesia, and Palau.

Section 5 of the Coastal Barrier Resources Act (16 U.S.C. 3504) is amended by adding at the end the following:

“(c) Disclosure of limitations.—

“(1) REQUIREMENT.—No person shall sell any interest in real property located in the System unless the person has disclosed to the buyer that the property is in the System and subject to the limitations under this section.

“(2) NOTIFICATION TO THE SECRETARY.—Not later than 30 days after the date of sale of any interest in real property located in the System, the seller shall notify the Secretary using the online system required by paragraph (3) of such sale and shall certify to the Secretary that such seller complied with the requirements of paragraph (1).

“(3) ONLINE REPORTING SYSTEM.—Not later than 30 days after the date of enactment of this Act, the Secretary shall establish and maintain an online reporting system to facilitate notifications to the Secretary required by paragraph (2).

“(4) CIVIL PENALTY.—Any person who violates this subsection shall be subject to a civil penalty of not more than $10,000.”.

(a) In general.—Section 7(b) of the Coastal Barrier Resources Act (16 U.S.C. 3506(b)) is amended to read as follows:

“(b) Reports and certification.—

“(1) The head of each Federal agency affected by this Act shall annually report to the Committees and the Secretary that such agency is in compliance with this Act.

“(2) CERTIFICATION.—The Secretary shall annually certify whether each such agency is in compliance with this Act.

“(3) FAILURE TO COMPLY.—If the Secretary certifies that an agency is not in compliance with this Act, the head of the agency shall report to Congress not later than 90 days after the date of such certification regarding how the agency will achieve compliance.”.

(b) Technical correction.—Section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502) is amended by striking “Committee on Resources” and inserting “Committee on Natural Resources”.

Section 4(e) of the Coastal Barrier Resources Act (16 U.S.C. 3503(e)) is amended—

(1) in paragraph (1), by striking “an undeveloped” each place such term appears and inserting “a”; and

(2) by adding at the end the following:

“(3) COASTAL BARRIER DEFINED.—In this subsection, the term ‘coastal barrier’ means—

“(A) a depositional geologic feature (such as a bay barrier, tombolo, barrier spit, or barrier island) that—

“(i) is subject to wave, tidal, and wind energies; and

“(ii) protects landward aquatic habitats from direct wave attack; and

“(B) all associated aquatic habitats including the adjacent wetlands, marshes, estuaries, inlets, and nearshore waters.”.

Section 9 of the Coastal Barrier Resources Act (16 U.S.C. 3508) is amended by striking “$2,000,000” and all that follows through the end of the sentence and inserting “$5,000,000 for each of fiscal years 2021 through 2025.”.

(a) Grants authorized.—The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:

(b) Guidance.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall issue guidance for the program established under the amendment made by subsection (a), including the criteria for awarding grants under such program based on consultation with Indian Tribes (as that term is defined in that amendment).

(c) Use of State grants To fulfill tribal objectives.—Section 306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a(c)(2)) is amended by striking “and” after the semicolon at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting “; and”, and by adding at the end the following:

“(F) fulfilling any Tribal coastal zone objective (as that term is defined in section 320).”.

(d) Other programs not affected.—Nothing in this section and the amendments made by this section may be construed to affect the ability of an Indian Tribe to apply for, receive assistance under, or participate in any program authorized by the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or other related Federal laws.

Section 304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4)) is amended by inserting “the District of Columbia,” after “the term also includes”.

Section 307A of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456–1) is amended—

(1) by striking the heading and inserting “Coastal and Estuarine Land Conservation Program”;

(2) by amending subsection (a) to read as follows:

“(a) In general.—The Secretary may conduct a Coastal and Estuarine Land Conservation Program, in cooperation with State, regional, and other units of government, for the purposes of protecting important coastal and estuarine areas that—

“(1) have significant conservation, recreation, coastal access, ecological, historical, or aesthetic value;

“(2) are threatened by conversion from their natural, undeveloped, or recreational state to other uses; or

“(3) could be managed or restored to effectively conserve, enhance, or restore ecological function or mitigate climate change.”;

(3) in subsection (c)—

(A) by amending paragraph (7) to read as follows:

“(7) Priority shall be given to lands that—

“(A) can be effectively managed and protected and that have significant ecological value;

“(B) (i) are under an imminent threat of conversion to a use that will degrade or otherwise diminish their natural, undeveloped, or recreational state;

“(ii) serve to mitigate the adverse impacts caused by coastal population growth in the coastal environment;

“(iii) are within a national estuarine research reserve designated under section 315, a national wildlife refuge, or a national estuary program, or are proposed for designation as such a reserve or other such protected area; or

“(iv) are under threat due to climate change or may serve to mitigate the adverse effects of climate change, including through the storage of blue carbon, and to facilitate inland migration of coastal ecosystems in response to sea level rise; and

“(C) to the maximum extent practicable, benefit communities that may not have adequate resources to prepare for or respond to coastal hazards or to access the coastline, including low income communities, communities of color, Tribal and Indigenous communities, and rural communities.”; and

(B) in paragraph (10), by striking “triennially” and inserting “every 5 years”;

(4) in subsection (f)—

(A) in paragraph (2)(B), by inserting “for any territory of the United States that is unable to provide the match,” after “community,”; and

(B) in paragraph (4)—

(i) in subparagraph (A)(i), by striking “meets the criteria set forth in section 2(b)” and inserting “the goals set forth in subsection (b)”; and

(ii) in subparagraph (C), by striking “(A)” and inserting “subparagraph (A)”;

(5) in subsection (h), by striking the second sentence; and

(6) in subsection (l), by striking “fiscal years 2009 through 2013” and inserting “2021 through 2025”.

Section 308 of Coastal Zone Management Act of 1972 (16 U.S.C. 1456a) is amended to read as follows:

Section 318(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is amended to read as follows:

“(a) Sums appropriated to the Secretary.—There are authorized to be appropriated to the Secretary, to remain available until expended—

“(1) for grants under sections 306, 306A, and 309, $95,000,000 for each of fiscal years 2021 through 2025; and

“(2) for grants under section 315, $37,000,000 for each of fiscal years 2021 through 2025.”.

(a) Designation of additional reserves.—Not later than 5 years after the date of the enactment of this Act, the Secretary of Commerce shall designate not less than 5 new national estuarine reserves under section 315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461) that ensure the National Estuarine Research Reserve System includes areas in—

(1) all biogeographic regions of the United States; and

(2) each coastal state (as that term is defined in that Act).

(b) Guidelines for tracking and modeling the impacts of climate change.—Section 315(c) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461(c)) is amended—

(1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6); and

(2) by inserting after paragraph (2) the following:

“(3) the establishment of coordinated long-term data monitoring and methods throughout the System for tracking and modeling the impacts of climate change on estuarine systems, including impacts on lake levels and sea levels;”.

(c) Promotion and coordination of estuarine research.—Section 315(d) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461(d)) is amended by striking “and” after the semicolon at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting a semicolon, and by adding at the end the following:

“(3) establishing and managing the Margaret A. Davidson Graduate Research Fellowship to provide, subject to the availability of appropriations, financial assistance to graduate research that utilizes the national estuarine research reserves;

“(4) establishing a Central Data Management office and System Science Collaborative; and

“(5) carrying out monitoring, education, extension, and coastal training programs throughout the System.”.

(d) Land acquisition and construction.—Section 315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461) is amended by adding at the end the following:

“(h) Land Acquisition and construction.—The Secretary may use funds authorized under section 318 for land acquisition and the construction and renovations of facilities required to meet delivery of System programs and services, or to meet changing needs of program under this title. Such construction must incorporate green design principles, materials, energy efficiency, and adaptive reuse strategies, and the development of innovative coastal technology and management strategies that enhance resilience of System facilities and lands.”.

In this title:

(1) FREELY ASSOCIATED STATES.—The term “Freely Associated States” means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(2) TERRITORIES.—The term “Territories” means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.

(a) Technical assistance.—

(1) IN GENERAL.—The Administrator shall provide technical assistance to the Territories and Freely Associated States to enhance such entities’ coastal management and climate change programs.

(2) AUTHORIZATION OF APPROPRIATIONS.—To carry out this subsection there is authorized to be appropriated to the Administrator $5,000,000 for each of fiscal years 2021 through 2025.

(b) Annual report.—The Administrator shall submit an annual report to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of—

(1) wetland, mangrove, and estuary conditions in the Territories and Freely Associated States; and

(2) climate change impacts, including ecological, economic and cultural impacts, in the Territories and Freely Associated States.

(a) In general.—The Secretary of Commerce, acting through the Administrator, shall establish a Climate Change Insular Research Grant Program to provide grants to institutions of higher education in the Territories and Freely Associated States for monitoring, collecting, synthesizing, analyzing, and publishing local climate change data.

(b) Authorization of appropriations.—To carry out this section there is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2021 and 2022.

(a) Technical assistance and outreach.—

(1) IN GENERAL.—The Administrator shall provide technical assistance and outreach to insular areas of the United States through the San Juan, Tiyan, and Pago Pago Weather Forecast Offices of the National Weather Service. For the purposes of this section, the Administrator may also employ other agency entities as the Administrator deems necessary, in order to improve weather data collection, produce more accurate tropical weather forecasts, and provide science, data, information, and impact-based decision support services to reduce hurricane and typhoon impacts in the Territories and Freely Associated States.

(2) AUTHORIZATION OF APPROPRIATIONS.—To carry out this subsection there is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2021 through 2025.

(b) Grants.—

(1) IN GENERAL.—The Secretary of Commerce, acting through the Administrator, may provide grants to academic, nonprofit, and local entities to conduct climate change research in the Territories and Freely Associated States.

(2) INCLUDED GRANT PURPOSE.—The purpose of a grant under this subsection may include research on oceanic heat content to assess past and future hurricane and typhoon trends.

(3) AUTHORIZATION OF APPROPRIATIONS.—To carry out this subsection there is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2021 through 2025.

(a) Prize competitions.—The Director of the Office of Science and Technology Policy shall work with the head of each Federal agency represented on the U.S. Coral Reef Task Force established under Executive Order 13089 (63 Fed. Reg. 32701) to establish prize competitions that promote coral reef research and conservation in the Territories and Freely Associated States.

(b) Waiver of matching requirement.—Section 204(b) of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403(b)) is amended—

(1) by striking the enumerator and heading for paragraph (2) and inserting the following:

“(2) WAIVERS.—

“(A) NEED AND BENEFIT.—”; and

(2) by adding at the end of paragraph (2) the following:

“(B) SUSTAINING CORAL REEF MANAGEMENT AND MONITORING.—The Secretary shall waive all the matching requirement under paragraph (2) for grants to implement State and territorial coral reef conservation cooperative agreements to sustain coral reef management and monitoring in Florida, Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.”.

(a) Effects of climate change on insular areas.—Section 12204 of the Ocean and Coastal mapping Integration Act (33 U.S.C. 3503) is amended—

(1) in paragraph (12) by striking “and”;

(2) in paragraph (13) by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(14) The study of insular areas and the effects of climate change, particularly in bioluminescent bodies of water.”.

(b) Reauthorization.—Section 12207 of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3506) is amended—

(1) in subsection (a) by striking “this subtitle” and all that follows through the end of the subsection and inserting “this subtitle $45,000,000 for each of fiscal years 2021 through 2025.”; and

(2) in subsection (b), by striking “this subtitle” and all that follows through the end of the subsection and inserting “this subtitle $45,000,000 for each of fiscal years 2021 through 2025.”.

(a) In general.—The Secretary of the Interior shall, acting through the Office of Insular Affairs Technical Assistance Program, shall provide technical assistance for climate change planning, mitigation, and adaptation to Territories and Freely Associated States under the jurisdiction of such Program.

(b) Authorization of appropriations.—There is authorized to be appropriated to the Secretary of the Interior $5,000,000 for each of fiscal years 2021 through 2025.

Any funding made available to Territories and Freely Associated States for disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall not be subject to a non-Federal share funding requirement.

(a) In general.—The Marine Mammal Protection Act of 1974 (16 U.S.C. 1361 et seq.) is amended by inserting after section 120 the following:

(b) Clerical amendment.—The table of contents in the first section of such Act is amended by inserting after the item relating to section 120 the following:

“Sec. 121. Conservation of marine mammals adversely affected by climate change.”.

(a) In general.—The Administrator shall, in coordination with the Commandant of the Coast Guard and applying the best available scientific information, shall designate areas of importance to marine mammals and establish for each such area a seasonal or year-round mandatory vessel speed limit of 10 knots or less for all vessels greater than or equal to 49 feet in overall length operating in such area.

(b) Areas of importance.—Areas to be designated under subsection (a)—

(1) shall include—

(A) the important feeding, breeding, calving, rearing, or migratory habitat for strategic stocks of marine mammals, including all areas designated as critical habitat for any marine mammal under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and

(B) areas of high marine mammal mortality, injury, or harassment, including the disruption of vocalization patterns and masking of biologically important sounds, caused by vessel ship strikes or underwater vessel noise; and

(2) may include—

(A) any area designated as a National Marine Sanctuary, National Marine Monument, National Park, or National Wildlife Refuge; and

(B) areas of high marine mammal primary productivity with year-round or seasonal aggregations of marine mammals to which this section applies.

(c) Deadline for regulations.—Not later than 24 months after the date of enactment of this Act, the Administrator shall designate such areas and issue such regulations as are necessary to carry out this section and to designate areas of importance pursuant to this section, consistent with notice and comment requirements under chapter 5 of title 5, United States Code.

(d) Modifying or designating new areas of importance.—

(1) The Administrator shall issue regulations to modify or designate the areas of importance under this section within 180 days after the issuance of regulations to establish or to modify critical habitat for strategic stocks of marine mammals pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(2) The Administrator shall reexamine the areas of importance designated under this section every five years following the initial issuance of the regulations to determine if the best available scientific information warrants modification or designation of areas of importance, and shall publish any revisions in the Federal Register after notice and opportunity for public comment.

(3) Within 90 days after receiving the petition of an interested person under 553(e) of title 5, United States Code, to designate, modify, or add an area of importance under this section, the Administrator shall make a finding as to whether the petition presents substantial scientific information indicating that the petitioned action may be warranted. The Administrator shall promptly publish such finding in the Federal Register for comment. Within 180 days after the close of comments, the Administrator shall publish in the Federal Register a finding of whether the petitioned action is warranted and, if the Administrator determines that the petitioned action is warranted, shall publish draft regulations designating the area of importance and any relevant technical control operations pursuant to subsection (j). Within 180 days after the close of comments on the draft regulations, the Administrator shall issue final regulations designating the area of importance and any relevant technical control operations pursuant to subsection (j).

(e) Exceptions for safe maneuvering and using authorized technology.—

(1) The restriction established under subsection (a) shall not apply to a vessel operating at a speed necessary to maintain safe maneuvering speed if such speed is justified because the vessel is in an area where oceanographic, hydrographic, or meteorological conditions severely restrict the maneuverability of the vessel and the need to operate at such speed is confirmed by the pilot on board or, when a vessel is not carrying a pilot, the master of the vessel. If a deviation from the applicable speed limit is necessary pursuant to this subsection, the reasons for the deviation, the speed at which the vessel is operated, the latitude and longitude of the area, and the time and duration of such deviation shall be entered into the logbook of the vessel. The master of the vessel shall attest to the accuracy of the logbook entry by signing and dating it.

(2) (A) The speed limit established under subsection (a) shall not apply to a vessel operating using technology authorized by regulations issued by the Administrator under subparagraph (B).

(B) The Administrator may issue regulations authorizing a vessel to operate using technology specified by the Administrator under this subparagraph if the Administrator determines that such operation is at least as effective as the speed limit under subsection (a) in reducing mortality and injury to marine mammals and the disturbance of marine mammal habitat.

(f) Applicability.—The speed restriction established under subsection (a)—

(1) shall apply to all vessels subject to the jurisdiction of the United States, and all other vessels entering or departing a port or place subject to the jurisdiction of the United States; and

(2) shall not apply to—

(A) United States vessels engaged in military readiness activities; or

(B) law enforcement vessels of the Federal Government, when engaged in law enforcement or search and rescue duties.

(g) Automatic identification systems.—Section 70114(a) of title 46, United States Code, is amended to read as follows:

“(1) Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, in the United States exclusive economic zone, and on the high seas, shall be equipped with and operate an automatic identification system under regulations prescribed by the Secretary:

“(A) A self-propelled commercial vessel of at least 49 feet overall in length.

“(B) A vessel carrying more than a number of passengers for hire determined by the Secretary.

“(C) A towing vessel of more than 26 feet overall in length and 600 horsepower.

“(D) Any other vessel for which the Secretary decides that an automatic identification system is necessary for the safe navigation of the vessel.”.

(h) Adjudicative enforcement process.—

(1) IN GENERAL.—It is unlawful for any vessel identified in subsection (f)(1) to violate the speed restriction established in subsection (a).

(2) REGULATIONS REQUIRED.—Not later than 24 months after the date enactment of this Act, the Administrator shall issue such regulations as are necessary to create a process for investigating and adjudicating violations of paragraph (1).

(3) FILING OF COMPLAINT.—Any entity may file a complaint regarding a violation of this section in a manner determined appropriate by the Administrator, upon which the Administrator shall initiate an investigation.

(4) STATUTORY CONSTRUCTION.—Nothing in this Act shall be construed as modifying, limiting, or superseding enforcement processes established under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

(i) Penalties.—Any person found to have violated this section shall be held liable for their actions. A finding of willful violation or a finding of reckless disregard for restrictions implemented pursuant to this section may warrant civil penalties—

(1) including fines up to and including the statutory maximum civil penalties and criminal fines identified under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); and

(2) in the case of a vessel subject to the jurisdiction of the United States, may include—

(A) suspension or rescission of vessel operation license;

(B) suspension or revocation of fishing permits; and

(C) revocation of incidental take permits.

(j) Technical control operations.—In carrying out this section, the Administrator, in consultation with the Secretary of Homeland Security, Secretary of Defense, Secretary of Transportation, and Secretary of the Interior, may implement technical control operations to complement vessel speed reductions’ goal of reduced risk to vulnerable marine species. Such operations which may include—

(1) temporary, seasonal, or dynamic area closures;

(2) gear restrictions or modification requirements;

(3) limitations on volume of vessel traffic; and

(4) the establishment of additional size-specific speed limits beyond the limit in subsection (a).

(k) Statutory construction.—

(1) Nothing in this section shall be interpreted or implemented in a manner that—

(A) subject to paragraph (2), preempts or modifies any obligation of any person subject to the provisions of this title to act in accordance with applicable State laws, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency;

(B) affects or modifies any obligation under Federal law; or

(C) preempts or supersedes the Final Rule To Implement Speed Restrictions to Reduce the Threat of Ship Collisions With North Atlantic Right Whales, codified at section 224.105 of title 50, Code of Federal Regulations, except for actions that are more protective than the Final Rule and further reduce the risk of take to North Atlantic right whales.

(2) The Administrator may determine whether inconsistencies referred to in paragraph (1)(A) exist, but may not determine that any State law is inconsistent with any provision of this title if the Administrator determines that such law gives greater protection to covered marine species and their habitat.

(a) In general.—The Administrator shall maintain and expand an Ocean Noise Reference Station Network, utilizing and coordinating with the Integrated Ocean Observing System to—

(1) provide grants to expand the deployment of Federal and non-Federal observation systems capable of collecting measurements of underwater sound in high-priority ocean and coastal locations for purposes of monitoring and analyzing baselines and trends in the underwater soundscape to protect and manage marine life;

(2) continue to develop and apply standardized forms of measurements to assess sounds produced by marine animals, physical processes, and anthropogenic activities; and

(3) coordinate and make accessible to the public the datasets, modeling and analysis, and user-driven products and tools, resulting from observations of underwater sound funded through grants authorized by this section.

(b) Authorization of appropriations.—There is authorized to be appropriated to the Administrator to support integrated ocean observations activities carried out under this section, $1,000,000 for each of fiscal years 2021 through 2025.

(a) In General.—The Administrator shall, within 6 months of the date of enactment of this Act, establish a grant program to provide assistance to up to ten seaports to develop and implement mitigation measures that will lead to a quantifiable reduction in threats to marine mammals from shipping activities and port operations.

(b) Eligible uses.—Grants provided under this section may be used to develop and carry out activities that quantifiably reduce threats and enhance the habitats of marine mammals by—

(1) reducing underwater noise related to marine traffic;

(2) reducing ship strike mortality and other physical disturbances;

(3) enhancing marine mammal habitat, including the habitat for prey of marine mammals; or

(4) monitoring underwater noise, vessel interactions with marine mammals, or other types of monitoring that are consistent with reducing the threats to and enhancing the habitats of marine mammals.

(c) Priority.—The Administrator shall prioritize assistance under this section for projects that—

(1) assist ports with higher relative threat levels to vulnerable marine mammals from vessel traffic;

(2) project higher levels of—

(A) reduction of noise from vessels; and

(B) reduction of disturbance or ship strike mortality risk; or

(3) allow eligible entities to conduct risk assessments, and track progress toward threat reduction and habitat enhancement.

(d) Outreach.—The Administrator shall conduct outreach to seaports to provide information on how to apply for assistance under this section, the benefits of the program under this section, and facilitation of best practices and lessons learned.

(e) Eligible entities.—A person shall be eligible for assistance under this section if the person is—

(1) a port authority for a seaport;

(2) a State, regional, local, or Tribal agency that has jurisdiction over a maritime port authority or a seaport; or

(3) a private or government entity, applying for a grant awarded under this section in collaboration with another entity described in paragraph (1) or (2), that owns or operates a maritime terminal.

(f) Report.—The Administrator shall submit annually to the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report that includes the following:

(1) The name and location of each entity receiving a grant.

(2) Amount of each grant.

(3) The name and location of the seaport in which the activities took place.

(4) A description of the activities carried out with the grant funds.

(5) An estimate of the impact of the project to reduce threats or enhance habitat of marine mammals.

(g) Authorization of appropriations.—There is authorized to be appropriated to the Administrator for carrying out this section, $4,000,000 for each of fiscal years 2021 through 2025, to remain available until expended.

It is the sense of the House of Representatives that—

(1) the United States Senate should give its advice and consent to the ratification of the United Nations Convention on the Law of the Sea (UNCLOS), adopted by the Third United Nations Conference on the Law of the Sea in December 1982 and entered into force in November 1994, to establish a treaty regime to govern activities on, over, and under the world’s oceans;

(2) UNCLOS builds on four 1958 Law of the Sea conventions to which the United States is a party, namely—

(A) the Convention on the Territorial Sea and the Contiguous Zone;

(B) the Convention on the High Seas;

(C) the Convention on the Continental Shelf; and

(D) the Convention on Fishing and Conservation of the Living Resources of the High Seas;

(3) UNCLOS and an associated 1994 agreement relating to implementation of the treaty were transmitted to the Senate on October 6, 1994;

(4) in the absence of advice and consent from the Senate, the United States is not a party to UNCLOS nor to the associated 1994 agreement;

(5) becoming a party to UNCLOS would give the United States standing to participate in discussions relating to the treaty and thereby improve the ability of the United States to intervene as a full party in disputes relating to navigational rights and defend United States interpretations of the treaty’s provisions, including those relating to the rights of coastal states to regulate foreign military activities in their exclusive economic zones;

(6) becoming a party to the treaty would improve the ability of the United States to achieve the environmental, social, and economic purposes of supporting the implementation and enforcement of international fisheries agreements and the protection of highly migratory species under the Magnuson Stevens Act, the Shark Conservation Act, and the High Seas Driftnet Fishing Moratorium Protection Act; and

(7) relying on customary international norms to defend United States interests or relying on other countries to assert claims on behalf of the United States at the Hague Convention is insufficient to defend and uphold United States sovereign rights and interests under UNCLOS.

Beginning on the date of the enactment of this Act—

(1) section 4(c) of Executive Order 13795 of April 28, 2017, shall have no force or effect; and

(2) Executive Order 13754 of December 9, 2016 (relating to Northern Bering Sea Climate Resilience), shall have the force and effect of law.

(a) Findings.—Congress finds that—

(1) black carbon is a highly potent greenhouse gas that is likely responsible for about a quarter of the warming the Arctic has experienced over the last century;

(2) black carbon particles have a short lifecycle in the atmosphere but trap heat far more powerfully than carbon dioxide; and

(3) when black carbon falls on land and sea ice, it darkens surfaces and thus absorbs more heat, causing ice to melt at a faster rate.

(b) Sense of Congress.—It is the sense of Congress that the United States should honor its commitment to the Arctic Council to cut black carbon emissions by 2025 to a level that is between 25 and 33 percent below the levels emitted by the United States in 2013.

(c) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Transportation, the Administrator, and the Administrator of the Environmental Protection Agency, shall submit to the appropriate congressional committees and make available to the public a plan for the United States to cut black carbon emissions by 2025 to a level that is between 25 and 33 percent below the levels emitted by the United States in 2013 that describes—

(1) the measures the Federal Government will take to achieve such targeted emissions level; and

(2) how the United States may use multilateral and bilateral diplomatic tools to encourage and assist other member countries of the Arctic Council to fulfill the goals announced in 2017.

(d) Updates to plan.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Secretary of Transportation, the Administrator, and the Administrator of the Environmental Protection Agency, shall submit to the appropriate congressional committees and make available to the public a report on the progress made toward implementing the plan submitted pursuant to subsection (c).

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs, the Committee on Natural Resources, and the Committee on Energy and Commerce of the House of Representatives; and

(2) the Committee on Foreign Relations, the Committee on Commerce, the Committee on Environment and Public Works, and the Committee on Energy and Natural Resources of the Senate.

(f) Public comment.—The Secretary of State shall—

(1) before submitting such plan and report to the appropriate congressional committees—

(A) publish the plan and the report in the Federal Register; and

(B) provide a period of at least 90 days for public comment on each of the plan and the report; and

(2) after each such period for public comment, continue to make the proposed plan and report, as well as the comments received, available to the public on regulations.gov (or any successor website).

(a) Establishment.—The Secretary of the Interior (hereafter in this subtitle referred to as the “Secretary”) shall establish a program—

(1) to improve the resilience of Indian Tribes to the effects of a changing climate;

(2) to support Native American leaders in building strong communities that are resilient to climate change;

(3) to ensure agency effectiveness in fulfilling Federal Indian trust responsibilities in the face of climate change; and

(4) to ensure the development of modern, cost-effective infrastructure in Tribal communities.

(b) Grants.—

(1) AUTHORITY.—As part of the program established under subsection (a), the Secretary shall to the extent funds are made available through Acts of appropriation make multiyear grants to Indian Tribes for eligible activities described in this paragraph (2).

(2) ELIGIBLE ACTIVITIES.—Grants under this subsection may be used for the following in Indian communities and on Indian land:

(A) Development and delivery of adaptation training.

(B) Adaptation planning, vulnerability assessments, emergency preparedness planning, and monitoring.

(C) Capacity building through travel support for training, technical sessions, and cooperative management forums.

(D) Travel support for participation in ocean and coastal planning.

(E) Development of science-based information and tools to enable adaptive resource management and the ability to plan for resilience.

(F) Relocation of villages or other communities experiencing or susceptible to coastal or river erosion and flooding.

(G) Construction of infrastructure to support emergency evacuations related to climate change.

(H) Restoration of ecosystems and construction of natural and nature-based features to address risks from coastal and riverine flooding and erosion.

(I) Restoration, relocation, repair of infrastructure damaged by melting permafrost or coastal or river erosion and flooding.

(J) Installation and management of energy systems that reduce energy costs and greenhouse gas emissions compared to the energy systems in use before that installation and management.

(K) Construction and maintenance of social or cultural infrastructure that supports resilience.

(3) APPLICATIONS.—An Indian Tribe desiring a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the eligible activities to be undertaken using the grant.

(c) Interagency cooperation.—The Secretary, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency shall establish under the White House Council on Native American Affairs an interagency subgroup on Tribal resilience, which shall—

(1) work with Indian Tribes to collect and share data and information, including traditional ecological knowledge, about how the effects of a changing climate are relevant to Indian Tribes; and

(2) identify opportunities for the Federal Government to improve collaboration and assist with adaptation and mitigation efforts that promote resilience.

(d) Tribal resilience liaison.—The Secretary shall establish a Tribal resilience liaison—

(1) to coordinate with Indian Tribes and relevant Federal agencies regarding the program under this section, grant opportunities related to the program, climate adaptation, and climate resilience planning; and

(2) to help ensure Tribal engagement in climate conversations at the Federal level.

(e) Authorization of appropriations.—There is authorized to be appropriated to carry out this section, $200,000,000 for each of fiscal years 2021 through 2025.

(a) Establishment.—The Administrator shall make grants to eligible entities for purposes of—

(1) designing and implementing large- and small-scale, climate-resilient living shoreline projects; and

(2) applying innovative uses of natural materials and systems to protect coastal communities, habitats, and natural system functions.

(b) Project proposals.—To be eligible to receive a grant under this section, an eligible entity shall—

(1) submit to the Administrator a proposal for a living shoreline project, including monitoring, data collection, and measurable performance criteria with respect to the project;

(2) demonstrate to the Administrator that the entity has any permits or other authorizations from local, State, and Federal Government agencies necessary to carry out the living shoreline project or provide evidence demonstrating general support from such agencies; and

(3) include an engagement or education component that seeks and solicits feedback from the local or regional community most directly affected by the proposal.

(c) Project selection.—

(1) DEVELOPMENT OF CRITERIA.—The Administrator shall select eligible entities to receive grants under this section based on criteria developed by the Administrator, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation, the Office for Coastal Management, and the Restoration Center.

(2) CONSIDERATIONS.—In developing criteria under paragraph (1) to evaluate a proposed living shoreline project, the Administrator shall take into account—

(A) the potential of the project to protect the community and maintain the viability of the environment, such as through protection of ecosystem functions, environmental benefits, or habitat types, in the area where the project is to be carried out;

(B) the historic and future environmental conditions of the project site, particularly those environmental conditions affected by climate change;

(C) the net ecological benefits of the project including the potential of the project to contribute to carbon sequestration;

(D) the ability of the entity proposing the project to demonstrate the potential of the project to protect the coastal community where the project is to be carried out, including through—

(i) mitigating the effects of erosion;

(ii) attenuating the impact of coastal storms and storm surge;

(iii) mitigating shoreline flooding;

(iv) mitigating the effects of sea level rise, accelerated land loss, and extreme tides;

(v) sustaining, protecting, or restoring the functions and habitats of coastal ecosystems;

(vi) protecting important cultural sites or values; or

(vii) such other forms of coastal protection as the Administrator considers appropriate; and

(E) the potential of the project to support resiliency at a military installation or community infrastructure supportive of a military installation (as such terms are defined in section 2391 of title 10, United States Code).

(3) PRIORITY.—In selecting living shoreline projects to receive grants under this section, the Administrator shall give priority consideration to a proposed project to be conducted in an area—

(A) for which the President has declared, during the 10-year period preceding the submission of the proposal for the project under subsection (b), that a major disaster exists pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) because of a hurricane, tropical storm, coastal storm, or flooding;

(B) that has a documented history of coastal erosion or frequent coastal inundation during that 10-year period; or

(C) that includes communities that may not have adequate resources to prepare for or respond to coastal hazards, including low income communities, communities of color, Tribal communities, Indigenous communities, and rural communities.

(4) MINIMUM STANDARDS.—

(A) IN GENERAL.—The Administrator shall develop minimum standards to be used in selecting eligible entities to receive grants under this section, taking into account—

(i) the considerations described in paragraph (2);

(ii) the need for such standards to be general enough to accommodate concerns relating to specific project sites; and

(iii) the consideration of an established eligible entity program with systems to disburse funding from a single grant to support multiple small-scale projects.

(B) CONSULTATIONS.—In developing standards under subparagraph (A), the Administrator—

(i) shall consult with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation, the Office for Coastal Management, and the Restoration Center; and

(ii) may consult with—

(I) relevant interagency councils, such as the Estuary Habitat Restoration Council;

(II) Tribes and Tribal organizations;

(III) State coastal management agencies; and

(IV) relevant nongovernmental organizations.

(d) Use of funds.—A grant awarded under this section to an eligible entity to carry out a living shoreline project may be used by the eligible entity only—

(1) to carry out the project, including administration, design, permitting, entry into negotiated indirect cost rate agreements, and construction;

(2) to monitor, collect, and report data on the performance (including performance over time) of the project, in accordance with standards issued by the Administrator under subsection (f)(2); or

(3) to incentivize landowners to engage in living shoreline projects.

(e) Cost-Sharing.—

(1) IN GENERAL.—Except as provided in paragraph (2), an eligible entity that receives a grant under this section to carry out a living shoreline project shall provide, from non-Federal sources, funds or other resources (such as land or conservation easements or in-kind matching from private entities) valued at not less than 50 percent of the total cost, including administrative costs, of the project.

(2) REDUCED MATCHING REQUIREMENT FOR CERTAIN COMMUNITIES.—The Administrator may reduce or waive the matching requirement under paragraph (1) for an eligible entity representing a community or nonprofit organization if—

(A) the eligible entity submits to the Administrator in writing—

(i) a request for such a reduction and the amount of the reduction; and

(ii) a justification for why the entity cannot meet the matching requirement; and

(B) the Administrator agrees with the justification.

(f) Monitoring and reporting.—

(1) IN GENERAL.—The Administrator shall require each eligible entity receiving a grant under this section (or a representative of the entity) to carry out a living shoreline project—

(A) to transmit to the Administrator data collected under the project;

(B) to monitor the project and to collect data on—

(i) the ecological and economic benefits of the project and the protection provided by the project for the coastal community where the project is carried out, including through—

(I) mitigating the effects of erosion;

(II) attenuating the impact of coastal storms and storm surge;

(III) mitigating shoreline flooding;

(IV) mitigating the effects of sea level rise, accelerated land loss, and extreme tides;

(V) sustaining, protecting, or restoring the functions and habitats of coastal ecosystems; or

(VI) such other forms of coastal protection as the Administrator considers appropriate; and

(ii) the performance of the project in providing such protection;

(C) to make data collected under the project available on a publicly accessible internet website of the National Oceanic and Atmospheric Administration; and

(D) not later than 1 year after the entity receives the grant, and annually thereafter until the completion of the project, to submit to the Administrator a report on—

(i) the measures described in subparagraph (B); and

(ii) the effectiveness of the project in increasing protection of the coastal community where the project is carried out through living shorelines techniques, including—

(I) a description of—

(aa) the project;

(bb) the activities carried out under the project; and

(cc) the techniques and materials used in carrying out the project; and

(II) data on the performance of the project in providing protection to that coastal community.

(2) GUIDELINES.—In developing guidelines relating to paragraph (1)(C), the Administrator shall consider how additional data could safely be collected before and after major disasters or severe weather events to measure project performance and project recovery.

(3) STANDARDS.—

(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Administrator shall, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, relevant interagency councils, and relevant nongovernmental organizations, issue standards for the monitoring, collection, and reporting under subsection (d)(2) of data regarding the performance of living shoreline projects for which grants are awarded under this section.

(B) REPORTING.—The standards issued under subparagraph (A) shall require an eligible entity receiving a grant under this section to report the data described in that subparagraph to the Administrator on a regular basis.

(g) Authorization of appropriations.—There is authorized to be appropriated to the Administrator $50,000,000 for each of fiscal years 2021 through 2025 for purposes of carrying out this section.

(h) Minimum required funds for shoreline projects located within the Great Lakes.—The Secretary shall use not less than 10 percent of the funds awarded under this section for grants to projects located in the Great Lakes.

(i) Definitions.—In this section:

(1) ELIGIBLE ENTITY.—The term “eligible entity” means any of the following:

(A) A unit of a State or local government.

(B) An organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code.

(C) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).

(2) LIVING SHORELINE PROJECT.—The term “living shoreline project”—

(A) means a project that—

(i) restores or stabilizes a shoreline, including marshes, wetlands, and other vegetated areas that are part of the shoreline ecosystem, by using natural materials and systems to create buffers to attenuate the impact of coastal storms, currents, flooding, and wave energy and to prevent or minimize shoreline erosion while providing a net ecological benefit to ecosystems and habitats;

(ii) incorporates as many natural elements as possible, such as native wetlands, kelp forests, submerged aquatic plants, corals, oyster shells, native grasses, shrubs, or trees;

(iii) utilizes techniques that incorporate ecological and coastal engineering principles in shoreline stabilization; and

(iv) to the extent possible, maintains or restores existing natural slopes and connections between uplands and adjacent wetlands or surface waters;

(B) may include the use of—

(i) natural elements, such as sand, wetland plants, logs, oysters or other shellfish, submerged aquatic vegetation, corals, native grasses, shrubs, trees, or coir fiber logs;

(ii) project elements that provide ecological benefits to coastal ecosystems and habitats in addition to shoreline protection; and

(iii) structural materials, such as stone, concrete, wood, vinyl, oyster domes, or other approved engineered structures in combination with natural materials; and

(C) may include a project that expands upon or restores natural living shorelines or existing living shoreline projects.

(3) STATE.—The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(a) Coastal science and assessment: competitive external research.—

(1) IN GENERAL.—The Administrator shall carry out an extramural competitively awarded grants program (referred to in this section as the “Program”) focused on interdisciplinary coastal resilience and sustainability in accordance with subsection (b).

(2) OBJECTIVE.—The objective of the Program shall be to develop scalable, best practices—

(A) to prepare more resilient, sustainable coastal communities; and

(B) to reduce disaster recovery costs.

(3) COLLABORATION.—The Secretary shall conduct the Program in collaboration with business and industry, government agencies, academic institutions, and coastal community stakeholders.

(4) ELIGIBILITY.—To be eligible for a grant under the Program, an applicant must be an institution of higher education, nonprofit organization, State, local, or Tribal government, for-profit organization, United States territory, or Federal agency that has statutory authority to receive transfers of funds.

(b) Coastal resilience research competitive grants.—

(1) IN GENERAL.—The Administrator shall establish an annual competitive grants program that gives priority to coastal resilience research projects that focus on—

(A) protecting life and critical infrastructure;

(B) developing decision-support tools useful to coastal communities;

(C) determining societal, ecological, and resiliency benefits of coastal restoration and natural, nature-based, and man-made infrastructure, and how these benefits affect the sustainability of coastal ecosystems;

(D) volunteer and community-science monitoring of coastal and marine resources as part of efforts to protect coastal communities from sea level rise;

(E) monitoring and developing ecosystem-based approaches to managing coastal ecosystems to promote sustainability;

(F) assessing and enhancing the capacity of human communities to adapt to coastal natural disasters;

(G) assessing coastal vulnerability and risk;

(H) evaluating adaptation and restoration approaches to reduce risk, including through the use of natural, nature-based, and man-made features;

(I) minimizing costs associated with damages incurred from natural disasters, flooding, and sea level rise; and

(J) developing curriculum for new programs in coastal restoration at public community colleges and within college Sea Grant programs to train the new coastal restoration workforce.

(2) CRITICAL INFRASTRUCTURE.—In this paragraph, the term “critical infrastructure” means infrastructure, including natural or nature-based infrastructure, the destruction or damaging of which would have a debilitating impact on national security or economic security, undermine community resiliency and adaptation, or threaten public health or safety.

(3) NATURAL AND NATURE-BASED FEATURES.—The term “natural” or “nature-based features” means coastal wetlands, beaches, dunes, marshes, mangrove forests, municipal green infrastructure, and living shorelines.

(c) Donations.—The Administrator may accept and use donations of funds to implement this section.

(a) Establishment.—The Administrator shall establish a grant program (in this section referred to as the “Program”) under which the Administrator shall award grants to eligible entities for the purpose of conducting research on the conservation, restoration, or management of oysters in estuarine ecosystems.

(b) Application.—To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.

(c) Allocation of grant funds.—

(1) IN GENERAL.—The Administrator shall award a grant under the Program to eligible entities that submit an application under subsection (b).

(2) MATCHING REQUIREMENT.—

(A) IN GENERAL.—Except as provided in subparagraph (B), the total amount of Federal funding received under the Program by an eligible entity may not exceed 85 percent of the total cost of the research project for which the funding was awarded. For the purposes of this subparagraph, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support.

(B) WAIVER.—The Administrator may waive all or part of the requirement in subparagraph (A) if the Administrator determines that no reasonable means are available through which an eligible entity applying for a grant under this section can meet such requirement and the probable benefit of such research project outweighs the public interest in such requirement.

(3) EQUITABLE DISTRIBUTION.—The Administrator shall ensure, to the maximum extent practicable, that grant funding under this section is apportioned according to the historic baseline oyster population of each estuary of the United States.

(d) Definitions.—In this section, the following definitions apply:

(1) ACADEMIC COMMUNITY.—The term “academic community” means faculty, researchers, professors, and representatives of State-accredited colleges and universities.

(2) ELIGIBLE ENTITY.—The term “eligible entity” means a member of the academic community, the seafood industry, a relevant nonprofit organization, or a relevant State agency, that is proposing or conducting a research project on the conservation, restoration, or management of oysters in an estuarine ecosystem developed through consultation with a member of the academic community, a member of the seafood industry, a relevant nonprofit organization, or a relevant State agency.

(3) HISTORIC BASELINE.—The term “historic baseline” means the estimated population of oysters in an estuary in 1850.

(4) NONPROFIT ORGANIZATION.—The term “nonprofit organization” means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.

(5) SEAFOOD INDUSTRY.—The term “seafood industry” means shellfish growers, shellfish harvesters, commercial fishermen, and recreational fishermen.

(e) Authorization of appropriations.—There is authorized to be appropriated to the Administrator $6,000,000 for each of the fiscal years 2021 through 2025 to carry out this section.

(a) Definition of tidal shoreline refined.—Section 902 of the National Oceans and Coastal Security Act (16 U.S.C. 7501) is amended—

(1) by amending paragraph (7) to read as follows:

“(7) TIDAL SHORELINE.—The term ‘tidal shoreline’ means a ‘tidal shoreline’ or a ‘Great Lake shoreline’ as such terms are used in section 923.110(c)(2)(i) of title 15, Code of Federal Regulations, or a similar successor regulation.”; and

(2) by adding at the end the following:

“(8) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given the term ‘Indian tribe’ in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

“(9) BLUE CARBON.—The term ‘blue carbon’ means the ability of an ocean or coastal ecosystem, habitat, or other natural resource to absorb, capture, and contain atmospheric carbon dioxide.”.

(b) Improvements to National Oceans and Coastal Security Fund.—

(1) ESTABLISHMENT OF FUND REQUIRED.—Subsection (a) of section 904 of such Act (16 U.S.C. 7503) is amended by inserting “and jointly manage” after “establish”.

(2) DEPOSITS.—Paragraph (1) of subsection (b) of section 904 is amended to read as follows:

“(1) IN GENERAL.—There shall be deposited into the Fund, which shall constitute the assets of the Fund, amounts as follows:

“(A) Amounts transferred to the Fund under section 908.

“(B) Such other amounts as may be appropriated or otherwise made available to carry out this Act.”.

(3) EXPENDITURES.—Section 904 of such Act (16 U.S.C. 7503) is amended by striking subsection (d) and inserting the following:

“(d) Expenditure.—

“(1) Of the amounts deposited into the Fund for each fiscal year, if those funds are equal to or greater than $100,000,000—

“(A) not more than 80 percent may be used for the award of grants under subsection (b) of section 906;

“(B) not more than 20 percent may be used for the award of grants under subsection (c) of such section; and

“(C) not more than 4 percent may be used by the Administrator and the National Fish and Wildlife Foundation (Foundation) for administrative expenses to carry out this chapter, which amount shall be divided between the Administrator and the Foundation pursuant to an agreement reached and documented by both the Administrator and the Foundation.

“(2) Of the amounts deposited into the Fund for each fiscal year, if those funds are less than $100,000,000, all funds shall be used for the award of grants under subsection (c) of section 906 and no more than 4 percent may be used by the Administrator and the Foundation for administrative expenses to carry out this chapter, which amount shall be divided between the Administrator and the Foundation pursuant to an agreement reached and documented by both the Administrator and the Foundation.”.

(c) Eligible uses of the fund.—Section 905 of such Act (16 U.S.C. 7504) is amended to read as follows:

(d) Grants.—

(1) ADMINISTRATION.—Subsection (a)(1) of section 906 of such Act (16 U.S.C. 7505) is amended—

(A) by amending subparagraph (B) to read as follows:

“(B) Selection procedures and criteria for the awarding of grants under this section that require consultation with the Administrator and the Secretary of the Interior.”;

(B) by amending subparagraph (C)(ii) to read as follows:

“(ii) under subsection (c) to entities including States, local governments, regional and interstate collaboratives, associations, nonprofit and for-profit private entities, public-private partnerships, academic institutions, and Indian Tribes.”;

(C) in subparagraph (F), by striking “year if grants have been awarded in that year” and inserting “5 years”; and

(D) by adding at the end the following:

“(I) A method to give special consideration in reviewing proposals to projects with either direct or indirect coastal or marine blue carbon benefits and an accounting methodology to quantify these benefits for the purposes of the annual report required under section 907.”.

(2) GRANTS TO COASTAL STATES.—Subsection (b) of section 906 of such Act (16 U.S.C. 7505) is amended to read as follows:

“(b) Grants to coastal States.—

“(1) IN GENERAL.—Subject to section 904(d)(1) and paragraphs (3) and (4) of this subsection, the Administrator and the Foundation shall award grants to eligible coastal States based on the following formula:

“(A) 50 of the funds are allocated equally among such coastal States.

“(B) 25 percent of the funds are allocated on the basis of the ratio of tidal shoreline miles in a coastal State to the tidal shoreline miles of all coastal States.

“(C) 25 percent of the funds are allocated on the basis of the ratio of population density of the coastal counties of a coastal State to the average population density of all coastal counties based on the most recent data available by the U.S. Census Bureau.

“(2) ELIGIBLE COASTAL STATES.—For purposes of this subsection, an eligible coastal State is any coastal state as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).

“(3) MAXIMUM ALLOCATION TO STATES.—Notwithstanding paragraph (1), not more than 5 percent of the total funds distributed under this subsection may be allocated to any single State. Any amount exceeding this limit shall be redistributed equally among the remaining eligible coastal States.

“(4) REQUIREMENT TO SUBMIT PLANS.—

“(A) IN GENERAL.—To be eligible to receive a grant under this subsection, an eligible coastal State shall submit to the Administrator for review and approval, a 5-year plan, which shall include the following:

“(i) Criteria to determine eligibility for entities which may receive grants under this subsection.

“(ii) A description of the competitive process the coastal State will use in allocating funds received from the Fund, except in the case of allocating funds under paragraph (7), which shall include—

“(I) a description of the relative roles of and consistency with the State coastal zone management program approved under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), if the coastal State has such a plan, and any State Sea Grant Program, if the State has such program; and

“(II) a demonstration that such competitive process is consistent with the application and review procedures established by the Administrator and Foundation under subsection (a)(1).

“(iii) A process to certify that the project or program and the awarding of a contract for the expenditure of amounts received under this paragraph are consistent with the standard procurement rules and regulations governing a comparable project or program in that State, including all applicable competitive bidding and audit requirements.

“(iv) Procedures to make publicly available on the internet a list of all projects supported by the Fund, that includes at a minimum the grant recipient, grant amount, project description, and project status.

“(B) UPDATES.—As a condition of receiving a grant under this subsection, a coastal State shall submit to the Administrator, not less frequently than once every 5 years, an update to the plan submitted by the coastal State under subparagraph (A) for the 5-year period immediately following the most recent submittal under this paragraph.

“(5) OPPORTUNITY FOR PUBLIC COMMENT.—In determining whether to approve a plan or an update to a plan described in subparagraph (A) or (B) of paragraph (5), the Administrator or the Foundation shall provide the opportunity for, and take into consideration, public input and comment on the plan.

“(6) INDIAN TRIBES.—As a condition on receipt of a grant under this subsection, a State that receives a grant under this subsection shall ensure that Indian Tribes in the State are eligible to participate in the competitive process described in the State’s plan under paragraph (5)(A)(ii).

“(7) NONPARTICIPATION BY A STATE.—In any year, if an eligible coastal State or geographic area described in paragraph (4)(B) does not submit the plan required by paragraph (5) or declines the funds distributed under this subsection, the funds that would have been allocated to the State or area shall be redistributed equally among the remaining eligible coastal States and geographic areas.”.

(3) NATIONAL GRANTS FOR OCEANS, COASTS, AND GREAT LAKES.—Subsection (c)(2) of such section is amended—

(A) in subparagraph (B)—

(i) in clause (ii), by striking “; and” and inserting a semicolon;

(ii) by redesignating clause (iii) as clause (iv); and

(iii) by inserting after clause (ii) the following:

“(iii) nongovernmental organizations; and”; and

(B) by adding at the end the following:

“(C) CAP ON STATE FUNDING.—The amount of a grant awarded under this subsection shall not count toward the cap on funding to States through grants awarded under subsection (b).”.

(e) Annual report.—Section 907 of the National Oceans and Coastal Security Act (16 U.S.C. 7506) is amended—

(1) by amending paragraph (3) of subsection (b) to read as follows:

“(3) a description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures; and”; and

(2) by adding at the end the following:

“(4) an estimate of blue carbon benefits, in tons of carbon dioxide, expected through grants awarded to projects that received special consideration under section 906 due to their blue carbon potential.”.

(f) Funding.—Section 908 of such Act (16 U.S.C. 7507) is amended to read as follows:

(a) Establishment.—The Secretary shall establish a grant program to provide funding and technical assistance to eligible entities for purposes of carrying out a project described in subsection (d).

(b) Project proposal.—To be considered for a grant under this section, an eligible entity shall submit a grant proposal to the Secretary in a time, place, and manner determined by the Secretary. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project.

(c) Development of criteria.—The Secretary shall select eligible entities to receive grants under this section based on criteria developed by the Secretary, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation and the Office for Coastal Management.

(d) Eligible projects.—A project is described by this section if—

(1) the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including—

(A) restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(B) through the removal or remediation of marine debris, including derelict vessels and fishing gear, in coastal and marine habitats; or

(C) for the benefit of—

(i) shellfish;

(ii) fish, including diadromous fish; or

(iii) coral reef; or

(2) provides adaptation to climate change, including by constructing or protecting ecological features or nature-based infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding, and blue carbon projects.

(e) Priority.—In determining which projects to fund under this section, the Secretary shall give priority to a proposed project—

(1) that would stimulate the economy;

(2) for which the applicant can demonstrate that the grant will fund work that will begin not more than 90 days after the date of the award;

(3) for which the applicant can demonstrate that the grant will fund work that will employ fishermen who have been negatively impacted by the COVID–19 pandemic or pay a fisherman for the use of a fishing vessel;

(4) for which the applicant can demonstrate that any preliminary study or permit required before the project can begin has been completed or can be completed shortly after an award is made; or

(5) that includes communities that may not have adequate resources including low income communities, communities of color, Tribal communities, Indigenous communities, and rural communities.

(f) Authorization of appropriations.—There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2020 to carry out this section, to remain available until expended.

(g) Definitions.—

(1) ELIGIBLE ENTITY.—In this Act, “eligible entity” means a nonprofit, a for-profit business, an institution of higher education, or a State, local, Tribal, or Territorial government.

(2) FISHERMEN.—The term “fishermen” means commercial or for-hire fishermen or oyster farmers.

(3) SECRETARY.—In this section, the term “Secretary” means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

(a) Establishment of initiative.—The Chairman of the Council on Environmental Quality (in this section referred to as the “Chair”) of the Council on Environmental Quality shall establish a Strategic Climate Change Relocation Initiative (in this section referred to as the “Initiative”) for the purposes of coordinating Federal agency activities to identify and assist communities that have expressed affirmative interest in relocation due to health, safety, and environmental impacts from climate change, including hurricanes, flooding, sea level rise, and repeat wildfires.

(b) Director.—The Chair shall appoint a Strategic Climate Relocation Director to manage the Initiative.

(c) Consultation.—The Chair shall coordinate and consult with Federal agencies conducting activities related to this section including the National Oceanic and Atmospheric Administration, the Department of the Interior, including the Bureau of Indian Affairs, the Environmental Protection Agency, the Federal Emergency Management Agency, the Department of Housing and Urban Development, the Denali Commission, the Corps of Engineers, the Office of Management and Budget, the National Economic Council, the National Security Council, the White House Council on Native American Affairs Interagency Subgroup on Tribal Resilience, and other Federal agencies as appropriate.

(d) External advisory panel.—The Chair shall establish an external advisory panel that may include community leaders, non-governmental organizations, State and local government representatives, Tribal leaders, Indigenous community representatives, climate adaptation professionals, and other relevant experts as appropriate.

(e) Report to Congress.—Not later than 2 years after the date of enactment of this Act, the Chair shall submit a report to Congress recommending key elements of a Strategic Climate Change Relocation Program to identify and assist communities that have expressed affirmative interest in relocation due to health, safety, and environmental impacts from climate change. The report shall—

(1) identify—

(A) areas where climate change impacts make relocation a likely climate change adaptation strategy;

(B) communities that have expressed affirmative interest in relocation (in this section referred to as “sending communities”); and

(C) potential relocation areas and communities that have expressed interest in attracting climate migrants (in this section referred to as “receiving communities”);

(2) propose criteria to qualify for climate relocation assistance, with preference given to disadvantaged communities where community members have indicated a preference for retreat which would otherwise be challenged to relocate;

(3) describe the roles and responsibilities of specific Federal agencies in implementing the Strategic Climate Change Relocation Program and how the Program should be coordinated with applicable State and Federal agency plans and programs and identify Federal programs that can be tailored to incentivize self-identification of communities as receiving areas;

(4) outline the role that State and local governments should play in implementing the Strategic Climate Change Relocation Program, including identification of areas or communities where people leaving areas vulnerable to climate change can consider locating, and the specific resources needed to prepare those communities to be receiving communities in terms of Federal investment in infrastructure, affordable housing, and social services;

(5) summarize existing Federal and State programs for purchase of individual properties vulnerable to the impacts of climate change and propose how these programs might be restructured, improved, or expanded to incentivize climate change relocation;

(6) describe measures that governments or other organizations can take to reduce the psychological stress associated with relocation to preserve or support the historical and cultural identity of communities being relocated and to restore and conserve areas that are relocated from as publicly accessible natural assets, and how Federal programs will support these efforts;

(7) identify and recommend measures to overcome how institutional barriers, such as Federal programs that do not account for Tribal sovereignty, constrain Tribal communities’ ability to pursue self-determined management of their resources and built environment;

(8) identify measures that Congress, Federal agencies, or State and local governments should take to discourage or restrict new development and hard structural measures in areas vulnerable to such significant climate change impacts that they are likely to require a solution that includes relocation, in particular, where the Federal Government could establish stricter funding requirements for post-disaster funding that require updated building codes and land use strategies reflecting climate risk;

(9) describe existing policies and clarify responsibilities of governments in complying with obligations to protect private property, including providing just compensation for any taking of private property;

(10) propose an application process, available online, for States and communities to express affirmative interest in climate relocation assistance, either as a leaving community or receiving community;

(11) provide guidance on and identify additional funding for operations and maintenance requirements for vacated land, and identify the resources needed to prioritize public access, recreational spaces, or conservation areas;

(12) review efficacy of existing flood mitigation strategies on reducing flood risk to human populations, and identify opportunities to coordinate blue-green infrastructure solutions with buyout programs that increase the resilience of remaining residents; and

(13) outline the amount and timing of Federal funding that is expected to be needed to implement the Climate Change Relocation Program.

(f) Development of report to Congress.—In developing the report required under subsection (e), the Chair shall—

(1) provide for public review and comment of a draft of the report;

(2) consult with organizations representing State and local governments;

(3) consult with the external advisory panel; and

(4) evaluate projects implemented under the National Disaster Resilience Competition administered by the Department of Housing and Urban Development.

(g) Climate change strategic relocation program pilot projects.—Within 2 years after the date of the submission of the report under subsection (e), the Chair shall establish and carry out pilot projects based upon the recommendations included in such report.

(h) Subsequent periodic reports to Congress.—Within three years after the date of the submission of the report under subsection (e), and every three years thereafter, the Chair shall submit to Congress a report evaluating progress in the implementation of the Climate Change Relocation Program and making recommendations for needed changes to the Program.

Section 12403 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3702) is amended—

(1) by redesignating paragraph (3) as paragraph (4);

(2) by inserting after paragraph (2) the following:

“(3) STATE.—The term ‘State’ means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States.”; and

(3) by adding at the end the following:

“(5) UNITED STATES.—The term ‘United States’ means the States, collectively.”.

(a) In general.—Section 12406 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3705) is amended—

(1) in subsection (a), by inserting “(referred to in this section as the ‘Program’)” after “acidification program”;

(2) by redesignating subsection (b) as subsection (d); and

(3) by inserting after subsection (a) the following:

“(b) Community vulnerability assessment.—

“(1) IN GENERAL.—Not later than 180 days after the date of enactment of the Ocean-Based Climate Solutions Act of 2020 and every 7 years subsequent, the Secretary, through the ‘Program’, shall conduct an ocean acidification coastal community vulnerability assessment, and issue a corresponding public report.

“(2) REQUIREMENTS.—The assessment conducted under paragraph (1) shall—

“(A) identify the United States coastal communities, including island communities, low-population rural communities, and subsistence communities, that are most dependent on coastal and ocean resources that may be impacted by ocean acidification;

“(B) assess the nature of the social and economic vulnerabilities of those communities, including the economic effect on local or regional commercial fisheries and recreational opportunities and over what timescales such effects will be felt;