Union Calendar No. 511
117th CONGRESS 2d Session |
[Report No. 117–695, Part I]
To direct the Administrator of the National Oceanic and Atmospheric Administration to provide for ocean-based climate solutions to reduce carbon emissions and global warming; to make coastal communities more resilient; and to provide for the conservation and restoration of ocean and coastal habitats, biodiversity, and marine mammal and fish populations; and for other purposes.
June 8, 2021
Mr. Grijalva (for himself, Mr. Beyer, Mr. Blumenauer, Ms. Bonamici, Ms. Brownley, Mr. Cartwright, Mr. Case, Ms. Castor of Florida, Mr. Cleaver, Mr. Cohen, Mr. Crist, Ms. DeGette, Mr. Espaillat, Mr. Evans, Mr. Gomez, Mr. Huffman, Mr. Khanna, Ms. Johnson of Texas, Mr. Levin of California, Mr. Lieu, Mr. Lowenthal, Ms. Matsui, Ms. Norton, Ms. Pingree, Mr. Sablan, Mr. Sires, and Mr. Swalwell) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Science, Space, and Technology, House Administration, Ways and Means, Transportation and Infrastructure, Foreign Affairs, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
December 30, 2022
Additional sponsors: Mr. Connolly, Mr. Welch, Mrs. Napolitano, Mr. Nadler, Ms. Clarke of New York, Mr. Levin of Michigan, Mr. DeSaulnier, Ms. Lee of California, Ms. Schakowsky, Mrs. Dingell, Mr. McEachin, Ms. Barragán, Ms. Stansbury, Mr. Aguilar, Mr. Kahele, Mr. Carbajal, Mrs. McBath, Mr. Vargas, Mr. Schiff, and Mr. McGovern
December 30, 2022
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
December 30, 2022
Committees on Science, Space, and Technology, House Administration, Ways and Means, Transportation and Infrastructure, Foreign Affairs, and Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June 8, 2021]
To direct the Administrator of the National Oceanic and Atmospheric Administration to provide for ocean-based climate solutions to reduce carbon emissions and global warming; to make coastal communities more resilient; and to provide for the conservation and restoration of ocean and coastal habitats, biodiversity, and marine mammal and fish populations; and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 101. Blue Carbon Program.
Sec. 102. National map of coastal and marine blue carbon ecosystems.
Sec. 103. Report on blue carbon in the United States.
Sec. 104. Blue Carbon Partnership Grant Program.
Sec. 105. Integrated pilot programs to protect and restore degraded blue carbon ecosystems.
Sec. 106. Interagency working group.
Sec. 107. Blue carbon areas of significance.
Sec. 108. Authorization of Smithsonian Institution blue carbon activities.
Sec. 109. Federal coastal and marine blue carbon restoration and protections; funding.
Sec. 110. Authorization of appropriations.
Sec. 111. Rule of construction.
Sec. 112. Definitions.
Sec. 201. Prohibition of oil and gas leasing and other activities in certain areas of the Outer Continental Shelf.
Sec. 202. Best available technology.
Sec. 211. Findings; Sense of Congress on the importance of offshore wind energy.
Sec. 212. Outer Continental Shelf offshore wind targets.
Sec. 213. Removing roadblocks for data sharing.
Sec. 214. Increasing funding for scientific research.
Sec. 215. Extending collaboration with industry.
Sec. 216. Developing strategies to protect wildlife.
Sec. 217. Offshore wind for the Territories.
Sec. 218. Increasing funding for coastal conservation and resilience.
Sec. 219. Restoring Offshore Wind Opportunities.
Sec. 301. Sense of Congress.
Sec. 302. Caught in the USA.
Sec. 303. Eliminate fish subsidies in trade agreements.
Sec. 304. Fuel efficient fishing vessels.
Sec. 305. Climate and fisheries research and management program.
Sec. 306. Climate-ready fisheries innovation program.
Sec. 307. Report on shifting stocks and ways to adapt fisheries for the impacts of climate change.
Sec. 308. Essential fish habitat consultation.
Sec. 309. Ocean Aquaculture Research and Policy Program.
Sec. 401. Undeveloped coastal barrier.
Sec. 402. Coastal hazard pilot project.
Sec. 403. Report on expanding Coastal Barrier Resources Act to the Pacific Coast, including Pacific Territories and Freely Associated States.
Sec. 404. Require disclosure to prospective buyers that property is in the Coastal Barrier Resources System.
Sec. 405. Improve Federal agency compliance with Coastal Barrier Resources Act.
Sec. 406. Excess Federal property.
Sec. 407. Emergency exceptions to limitations on expenditures.
Sec. 408. Authorization of appropriations.
Sec. 501. Grants to further achievement of Tribal coastal zone objectives.
Sec. 502. Eligibility of District of Columbia for Federal funding.
Sec. 503. Coastal and Estuarine Resilience and Restoration Program.
Sec. 504. Coastal Zone Management Fund.
Sec. 505. Authorization of appropriations.
Sec. 506. Amendments to National Estuarine Research Reserve System Program.
Sec. 507. Working Waterfronts Grant Program.
Sec. 601. Definitions.
Sec. 602. Insular Area Climate Change Interagency Task Force.
Sec. 603. Runit Dome report and monitoring activities.
Sec. 604. Coastal management technical assistance and report.
Sec. 605. Climate Change Insular Research Grant Program.
Sec. 606. National Weather Service technical assistance grants.
Sec. 607. Coral reef prize competitions.
Sec. 608. Ocean and Coastal Mapping Integration Act.
Sec. 609. Office of Insular Affairs Technical Assistance Program.
Sec. 610. Non-Federal cost-share waiver.
Sec. 611. Disaster relief non-Federal cost-share waiver.
Sec. 701. Conservation of marine mammals adversely affected by climate change.
Sec. 702. Vessel restrictions in marine mammal habitat.
Sec. 703. Monitoring ocean noise for marine mammal protection.
Sec. 704. Grants for seaports to establish programs to reduce the impacts of vessel traffic and port operations on marine mammals.
Sec. 705. Near real-time monitoring and mitigation program for large whales.
Sec. 706. Grants to support technology that reduces underwater noise from vessels.
Sec. 707. Naval technology transfer for quieting Federal noncombatant vessels.
Sec. 801. Law of the Sea Convention.
Sec. 802. United Nations Sustainable Development Goal 14.
Sec. 803. Marine protected areas in areas beyond national jurisdiction.
Sec. 811. Plan for the United States to cut black carbon emissions to 33 percent below 2013 levels by 2025.
Sec. 821. Bureau of Indian Affairs Tribal Resilience Program.
Sec. 901. Living Shoreline Grant Program.
Sec. 902. National Oceanic and Atmospheric Administration Research Programs.
Sec. 903. Improvements to the National Oceans and Coastal Security Act.
Sec. 904. Shovel-ready restoration grants for coastlines and fisheries.
Sec. 905. Strategic Climate Change Relocation Initiative and Program.
Sec. 906. National Centers of Excellence in Coastal Resilience Research and Education.
Sec. 907. Initiate designation process for successful sanctuary nominations and technical corrections to the National Marine Sanctuaries Act.
Sec. 908. Grants to further resilience and climate research with indigenous and Tribal communities.
Sec. 909. Grants for conserving, recovering, and maintaining kelp forest ecosystems.
Sec. 1001. Coastal community vulnerability assessment.
Sec. 1011. Prize competitions.
Sec. 1021. Centers of Excellence in Harmful Algal Bloom Research, Prevention, Response, and Mitigation.
Sec. 1101. Purposes.
Sec. 1102. Regional ocean partnerships.
Sec. 1111. Authorization of NOAA activities.
Sec. 1112. Interagency coordination.
Sec. 1121. Centralized website for resiliency grants.
Sec. 1131. Automatic identification systems.
Sec. 1141. Authorization of appropriations.
Sec. 1201. Greenhouse gas emissions from shipping.
Sec. 1202. Quiet Seas and Clear Skies Vessel Speed Reduction Award Program.
Sec. 1301. Virgin plastic excise tax.
Sec. 1302. Establishment of the Virgin Plastic Trust Fund.
Sec. 1401. Deep sea mining.
Sec. 1402. National Academies assessment of oceanic blue carbon.
Sec. 1403. Report on the ecological and economic effects of high seas fishing in the ocean areas beyond national jurisdiction.
Sec. 1404. National Academies assessment of public access to the coasts.
Sec. 1405. Study examining the impact of acidification and other environmental stressors on estuaries environments.
Sec. 1406. Study examining the causes and impacts of black carbon.
Sec. 1407. Marine areas inventory.
Sec. 1408. Marine biodiversity census.
Sec. 1409. Marine biodiversity gap analysis.
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.
(a) Establishment.—The Administrator shall establish and maintain a program within the National Oceanic and Atmospheric Administration to further conservation and restoration objectives for fish and wildlife habitat 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 title on such terms as the Administrator considers appropriate.
(c) Activities.—The Administrator shall lead the development and coordination of the strategic plan described in section 106(e) and shall—
(1) collaborate with Federal agencies, the interagency working group, State agencies, Indian Tribes, Native American Pacific Islander organizations, and nongovernmental organizations on research, restoration, and protection efforts relating to blue carbon ecosystems;
(3) assist in exploration of the potential for a market for carbon credits and other financial instruments for protection and restoration initiatives, including research, development of protocols, and evaluation of protocols and the efficacy of blue carbon markets as a tool for protecting ecosystems;
(4) develop and provide informational materials and guidance relating to using blue carbon ecosystems as a tool to further conservation and biodiversity objectives;
(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 and sequestration in coastal and marine areas;
(7) project future total and net ecosystem carbon storage and sequestration under different scenarios influenced by human population growth, sea level rise, and other system-wide changes;
(8) 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) quantify co-benefits of blue carbon ecosystems, including flood-risk reduction, habitat protection and restoration for endangered and threatened species, habitat protection and restoration for commercial and recreational fisheries, water quality improvements, habitat maintenance and restoration, cycling of nutrients other than carbon, commercial and recreational fishing, and other responsible marine recreation benefits;
(11) assess regional and national ecosystem and socioeconomic impacts of carbon sequestration and storage;
(12) research variability, long-term storage, and innovative techniques for effective, long-term, natural ocean or coastal ecosystem-based carbon sequestration;
(13) identify areas of particularly high rates of carbon sequestration and storage, including locations within existing or proposed coastal and marine protected areas;
(14) assess legal issues of landownership in blue carbon markets, and develop guidelines to help landowners navigate the requirements of such markets;
(15) assess the impacts of protection and restoration efforts in blue carbon ecosystems on methane emissions; and
(16) coordinate with Federal agencies, other countries, and international organizations to advance resilience strategies that reflect the co-benefits of blue carbon for adaptation and mitigation, and the integration of blue carbon in National Greenhouse Gas Inventories and Nationally Determined Contributions.
(a) National map.—The Administrator, in consultation with the interagency working group established under section 106, shall—
(1) produce and maintain, by updating every three years, a national map and inventory of coastal and marine blue carbon ecosystems in the coastal zone, the territorial waters of the United States, and the United States Exclusive Economic Zone including—
(A) with respect to each such ecosystem—
(ii) the condition of such habitats including whether a habitat is degraded, drained, eutrophic, or tidally restricted;
(vii) an assessment of carbon sequestration potential, methane production, and net greenhouse gas effects of the ecosystem—
(viii) an assessment of the ecosystem co-benefits, such as habitat for commercial, recreational, indigenous, and Tribal fisheries, biodiversity, flood risk reduction, wave stress, storm protection, shoreline stabilization, public access, water and air pollution filtration, contributions to traditional and cultural practices, maintenance of biodiversity, and recreational use and benefits of the ecosystem;
(2) in carrying out paragraph (1)—
(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 blue carbon ecosystems, and account for any regional differences;
(3) to assist in the development of 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, Indigenous communities, and rural communities;
(4) to assist in efforts to assess degraded coastal and marine blue carbon ecosystems and their potential for restoration, including vulnerability assessments and developing scenario modeling to identify vulnerable 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
Not later than one year after the date of the enactment of this Act and every three 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, conservation, 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, the type, location, and ownership of the ecosystem (whether privately owned lands, State lands, Tribal lands, or Federal lands).
(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 coastal and marine blue carbon ecosystems and the probable changes to sequestration under climate change scenarios.
(6) An assessment of biophysical, social, and economic impediments to coastal and marine 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.
(a) Establishment.—The Administrator shall establish a competitive grant program entitled the “Blue Carbon Partnership Grant Program” to provide funds to eligible entities for projects that—
(b) Eligible recipients.—A person or entity is eligible to receive a grant under the grant program if such person or entity is—
(4) a Native American Pacific Islander organization as that term is defined in section 320(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)(3));
(c) Requirements.—In administering the grant program under this section, the Administrator shall develop 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 protection and restoration activities that—
(1) would result in long-term protection and sequestration of carbon stored in coastal and marine environments, above and beyond that which would occur in the absence of the proposed activity; and
(e) Report to Congress.—
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 protection and restoration, nature-based adaptation strategies, living shoreline projects, landward progression or migration of blue carbon ecosystems, and identify potential barriers to protection and 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 and sequestration;
(3) establish a procedure for reviewing applications for the pilot program, taking into account—
(a) Establishment.—The President shall establish an 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 all insular areas of the United States) of coastal and marine blue carbon ecosystems, including habitat types with a regional focus in analysis that is usable for local level planning, protection, 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 protection and restoration priorities, including an assessment of current Federal funding being used for protection and restoration 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;
(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 blue carbon ecosystems protection;
(c) Membership.—The interagency working group shall be comprised of representatives of the following (or their designees):
(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 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 the enactment of this Act. The plan shall include—
(A) an assessment of the use of existing Federal programs to protect, restore, enhance, and preserve blue carbon ecosystems;
(2) TIMING.—The interagency working group shall—
(A) submit the strategic plan required 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 one year after the date of the enactment of this Act; and
(a) Designation.—The Administrator shall designate as a blue 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 of the United States;
(b) Guidelines.—The Administrator, in consultation with the interagency working group, shall, not later than one year after the date of the enactment of this Act, establish by regulation guidelines based on the best available science to describe and identify blue carbon areas of significance and measures to ensure the long-term protection of blue 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 blue carbon areas of significance under subsection (b) and for reviews and updates under subsection (c), and shall make initial designations of a blue carbon area of significance in each coastal State not later than one year after the date of the enactment of this Act.
(e) Recommendations and information.—The Administrator, in consultation with the interagency working group, shall, with respect to each blue 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 NOAA.—The Administrator, in consultation with the interagency working group, shall use programs administered by the Administrator to carry out this section and ensure the conservation and enhancement of each blue carbon area of significance.
(g) Requirements for Federal actions.—With respect to any proposed agency action that has the potential to cause a significant adverse impact on the carbon storage, carbon sequestration, ecosystem services, or habitat capacity of any blue 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 Federal agency, in consultation with the Administrator, and subject to public comment, shall determine whether the proposed agency action will cause an adverse impact on the carbon storage, carbon sequestration, ecosystem, or habitat of a blue 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—
(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;
(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 blue 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 blue carbon area of significance unless such agency attaches appropriate restrictions to the use of the property to protect the blue carbon area of significance.
(j) Exception.—Preparation, revision, implementation, or enforcement of a fishery management plan or its implementing regulations under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) that applies to an 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 Administrator 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 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.—The Administrator of the Smithsonian Institution in coordination with the Administrator and interagency working group shall process, store, archive, provide access to, and incorporate all coastal and marine blue carbon data collected through federally funded research by a Federal agency, State, local agency, Tribe, scientist, Native American Pacific Islander organization, or other relevant entity.
(c) Global and national data assets.—The Administrator 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.
(d) Establishment of standards, protocols, and procedures.—The Administrator 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, Indigenous communities, coastal stakeholders, non-Federal resource managers, and academia. The Administrator shall publish, update, and keep current such data on a publicly available website.
(a) In general.—The Director of the United States Fish and Wildlife Service, the Director of the National Park Service, and the Administrator shall each conduct coastal and marine restoration and protection activities on land and water managed by each such agency to achieve at least one of the following:
(b) Funding.—For each fiscal year 2022 through 2026, there is authorized to be appropriated for blue carbon ecosystem protection and restoration—
(1) to the Director of the United States Fish and Wildlife Service $200,000,000 for on lands managed by such Director;
In addition to amounts authorized to be appropriated for specific activities under sections 104, 108, and 109, there is authorized to be appropriated to the Administrator $50,000,000 for each of the fiscal years 2022 to 2026 to carry out the remainder of this title.
Nothing in this title affects the application of the requirements of section 404 of the Clean Water Act (33 U.S.C. 1344); the National Environmental Policy Act, or any regulations issued under either such Act.
In this title, the following definitions apply:
(1) BLUE CARBON.—The term “blue carbon” means the carbon that marine or coastal vegetation sequester from the atmosphere in a manner that results in its storage for a period of not less than 100 years.
(2) BLUE CARBON AREAS OF SIGNIFICANCE.—The term “blue carbon area of significance” means any area designated by the Administrator under section 107 as a blue carbon area of significance.
(3) BLUE CARBON ECOSYSTEM.—The term “blue carbon ecosystem” means marine and coastal ecosystems that are tidal or salt-water-fed and that have the capacity to sequester carbon from the atmosphere in a manner that results in its storage for a period of not less than 100 years, such as coastal forests, tidal marshes, seagrasses, kelp forests, and other tidal or salt-water wetlands, and includes marine and coastal freshwater, brackish, and saltwater-fed ecosystems, such as coastal wetland forest and other tidal or historically tidal wetlands that have the capacity to sequester carbon from the atmosphere for a period of not less than 100 years in the Gulf of Mexico region.
(4) BLUE CARBON STOCKS.—The term “blue carbon stocks” means coastal and marine vegetation and wildlife, and underlying sediment that has the capacity to sequester and store atmospheric carbon.
(5) CARBON SEQUESTRATION.—The term “carbon sequestration” means the process of capturing and storing atmospheric carbon dioxide.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following:
“(q) Prohibition of oil and gas leasing in certain areas of the outer continental shelf.—Notwithstanding any other provision of this section or any other law, the Secretary may not issue—
“(2) a permit for geological or geophysical activities in support of oil or natural gas exploration other than those conducted pursuant to a lease issued before the date of the enactment of this section,
in any planning area, except in the Central or Western planning areas of the Gulf of Mexico (as such planning areas are described in the document entitled ‘2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program’, dated November 2016, or a subsequent oil and gas leasing program developed under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344)).”.
Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is amended by adding at the end the following:
“(i) Best available technology.—Notwithstanding any other provision of this Act or any other law, the Secretary shall require each holder of a lease or permit under this section for geophysical and geological exploration on the outer Continental Shelf to use the best commercially available technology with respect to reducing acoustic pressure levels to conduct such exploration.”.
(a) Findings.—Congress finds that—
(1) the United States should aggressively reduce greenhouse gas emissions from United States public lands and oceans and strive to achieve net-zero emissions as soon as possible;
(2) the United States can and must address this climate crisis by putting Americans to work building the necessary infrastructure to reduce carbon emissions;
(b) Sense of Congress.—It is the sense of Congress that—
(1) the United States should rapidly develop 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, Tribal, and local governments;
(a) Targets.—The Secretary of the Interior shall seek to grant leases under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) for—
(b) Report.—Not later than December 1, 2021, and each year thereafter, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report 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—
Beginning on the date that is 60 days after the date of the enactment of this Act, with respect to the total amount paid as bonus bids for each offshore wind lease sale under section 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)), $5,000,000 of each such amount shall be available, to the extent and in such amounts as are provided in advance in appropriations Acts, to be used by the Secretary of the Interior, in consultation with the Secretary of Commerce, to fund research on the interaction between offshore wind energy and—
(1) federally protected marine resources (including all listed species and designated critical habitats under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.));
(2) marine mammals protected under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
(3) managed fishery resources, seabirds and migratory bird species, and the habitats on which these species depend; and
(4) technology for data collection and other scientific and permitting needs, as determined necessary by the Secretary of the Interior, in consultation with the Secretary of Commerce and the Secretary of Energy, to support responsible development and long-term use of offshore wind resources on the Outer Continental Shelf.
Section 113 of Division G of Public Law 113–76 is amended to read as follows:
“ CONTRIBUTION AUTHORITY
“Sec. 113. The Secretary of the Interior may accept from public and private sources contributions of money and services for use by the Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement to conduct work in support of the orderly exploration and development of Outer Continental Shelf resources, including preparation of environmental documents such as impact statements and assessments, studies, and related research, during fiscal years—
(a) In general.—Not later than one year after the date of the enactment of this Act, the National Academies of Sciences, Engineering, and Medicine shall prepare a report that reviews, compiles, and synthesizes existing research on—
(b) Requirements.—The report shall—
(2) include a quantitative assessment of the efficacy of existing methodologies to measure direct and indirect effects of offshore wind energy on wildlife and their habitats, and provide recommendations regarding best practices to monitor, avoid, minimize, and mitigate impacts on wildlife and their habitat.
(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—
(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:
(b) Wind lease sales for areas of the 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:
“SEC. 33. Wind lease sales for areas of the outer Continental Shelf.
“(a) Wind lease sales off coasts of Territories of the United States.—
“(1) STUDY ON FEASIBILITY OF CONDUCTING WIND LEASE SALES.—
“(A) IN GENERAL.—The Secretary shall conduct a study on the feasibility, including the technological and long-term economic feasibility, and the potential environmental effects, of conducting wind lease sales in each area of the outer Continental Shelf that is within the territorial jurisdiction of the United States, including of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.
“(B) CONSULTATION.—In conducting the study required in subparagraph (A), the Secretary shall consult—
“(i) the National Laboratories, as that term is defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3));
“(C) PUBLIC COMMENT.—The study required in subparagraph (A) shall be published in the Federal Register for public comment for a period of not fewer than 60 days.
“(2) CALL FOR INFORMATION AND NOMINATIONS.—The Secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph (1).
“(3) CONDITIONAL WIND LEASE SALES.—
“(A) IN GENERAL.—For each territory, the Secretary shall conduct not less than one wind lease sale in the area of the outer Continental Shelf within the territorial jurisdiction of such territory if such area meets each of the following criteria:
“(i) The study required under paragraph (1)(A) concluded that a wind lease sale on the area is feasible.
“(ii) The Secretary has determined that the call for information has generated sufficient interest in the area.
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 a lease under this subsection for the production of wind energy, 30 percent of the revenue received by the Federal Government as a result of payments 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).”.
(a) Leasing authorized.—The Secretary of the Interior is authorized to grant leases pursuant to section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) in the areas withdrawn by the Presidential Memorandum entitled “Memorandum on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition” (issued September 8, 2020) and the Presidential Memorandum entitled “Presidential Determination on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition” (issued September 25, 2020).
(b) Withdrawals.—Any Presidential withdrawal of an area of the Outer Continental Shelf from leasing under section 12(a) of such Act (43 U.S.C. 1341(a)) issued after the date of enactment of this Act shall apply only to leasing authorized under subsections (a) and (i) of section 8 of such Act (43 U.S.C. 1337(a) and 1337(i)), unless otherwise specified.
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;
(3) American-caught and American-processed seafood especially from small-scale fishery operations, can be a sustainable healthy source of protein and micronutrients;
(4) fresh, frozen, dried, and canned domestic seafood can be produced, processed, packaged, 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 support sustainable local seafood businesses, reduce greenhouse gas emissions associated with the seafood product supply chain, and reduce dependence on imported seafood products.
Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C. 713c–3(c)(1)), entitled “An Act to authorize the Federal Surplus Commodities Corporation to purchase and distribute surplus products of the fishing industry”, 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 marine fisheries, including harvesting, processing, packaging, marketing, and associated infrastructures; or
(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 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;
“(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;
“(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 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 and associated species 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 systems 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.
(b) Effective date.—The amendments made by subsection (a)—
(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 the enactment.
Section 53708(b)(2) of title 46, United States Code, is amended—
(2) in subparagraph (B) by striking “increased fuel efficiency or improved safety.” and inserting “improved safety; or”; and
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:
“SEC. 409. Climate and fisheries research and management program.
“(a) Establishment of the program.—The Secretary, with input from appropriate Marine Fisheries Commissions and Regional Fishery Management Councils and in coordination with other Federal agencies and educational institutions, shall establish a program to identify, develop, and implement adaptive strategies, consistent with the requirements of this Act, to improve the management of fisheries and aquaculture under current and anticipated impacts of climate change. In administering such program, the Secretary shall—
“(1) expand and improve fisheries science, monitoring, and data collection in order to support and promote integrated, climate science-informed fishery management and ensure that the requirements of this Act are met under changing climatic conditions;
“(2) prepare and adapt fishery management for climate change by promoting a precautionary approach to management and supporting the increased development and use of relevant science and management tools, including forecasting, risk assessment, scenario planning, coupled climate and ecosystem modeling, and management strategy evaluation;
“(3) improve agency understanding of stock shifts to inform catch advice, inform the resolution of jurisdictional issues, and support achievement of conservation mandates in the face of shifting stocks;
“(4) promote the development, integration, and use of climate-related tools and information in stock assessments;
“(5) develop and provide guidance on implementing in control rules that are more responsive to environmental variability and climate change for fishery management;
“(6) promote management approaches that increase resilience to current and anticipated climate impacts in managed species and marine ecosystems, including by coordinating with and advancing programs to protect genetic diversity and age structure, protect marine, estuarine, mangrove, and other aquatic habitat, minimize and better account for bycatch, and incorporating into management the ecological role of forage fish in the marine food web;
“(7) increase understanding of food security issues and the socioeconomic impacts of climate change on fishing participants, fishing communities, and related industries;
“(8) coordinate within the National Oceanic and Atmospheric Administration on issues related to climate change and fisheries, including on data needs and availability;
“(9) ensure that the research, resource management, and expenditures to prepare fisheries for climate change promote racial and socioeconomic equity with respect to environmental and economic outcomes across fisheries and regions;
“(b) Evaluation.—The Secretary, with input from the Councils, shall, not later than three years after the date of the enactment of the Ocean-Based Climate Solutions Act of 2022 and every 5 years thereafter, conduct an independent review that will be provided to Congress and the public on the results of the program, including—
“(1) steps taken to modify or enhance research and data collection programs to better understand the effects of climate change on fishery resources and food security;
“(2) steps taken to evaluate various management strategies in the context of future climate scenarios;
(a) Climate-Ready fisheries innovation program.—Not later than one year after the date of the 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 tools and approaches that address regional and national priorities to improve the conservation and management of fishery resources under existing and anticipated climate impacts;
(2) provide for routine input from 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;
(b) Coordination of the program.—
(1) The Administrator shall establish a process to ensure coordination with and outreach to—
(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 multiyear research priorities to study and understand the current and anticipated impacts of climate change on fisheries, fisheries interactions, habitats, fishery participants, fishing communities, seafood markets, 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.
Not later than one year after the date of the enactment of this Act, the Administrator shall transmit a report to Congress—
(1) assessing whether and how fish stocks have shifted and are expected to shift as a result of climate change, the magnitude and timing of shifts, and a list of shifting stocks by region;
(2) evaluating the impacts range shifts are having on fisheries stock assessments and describing how survey methods are being modified to capture range shifts in fisheries;
Section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(b)) is amended—
(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.—Notwithstanding any other provision of law, any Federal agency shall consult with the Secretary to ensure that any action proposed to be 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. In the case of habitat areas of particular concern, the agency shall further—
“(i) conduct or require monitoring for possible adverse effects, and, if adverse effects occur, undertake additional actions to minimize and mitigate any such adverse effects of the action on the habitat area of particular concern and species for which the habitat area of particular concern is identified for the duration of time over which adverse impacts are likely to occur; and
“(B) CONSIDERATIONS.—In completing the requirements under subparagraph (A) for projects seeking to restore and improve the long-term resilience of habitat, particularly in estuarine environments heavily impacted by sea level rise and other climate change factors, each Federal agency shall, in consultation with the Secretary, take into account the consequences of not pursuing such restoration and habitat resilience projects and the long-term positive impacts on fish populations of such activities.
“(C) REGULATIONS REGARDING CONSULTATION PROCESS.—Not later than 180 days after the date of the enactment of the Ocean-Based Climate Solutions Act of 2022, the Secretary shall establish regulations for the consultation process, including procedures to ensure that recommendations made by the Secretary under subparagraph (A) would result in the avoidance of adverse effects on essential fish habitat and, if avoidance is not possible, the minimization and mitigation of any such adverse effects.
“(3) INPUT FROM APPROPRIATE COUNCILS.—With regard to a consultation required under paragraph (2), the Secretary shall provide the relevant Council or Councils with information regarding the proposed action and the potential adverse effects, and the Council or Councils may comment on and make recommendations to the Secretary and any Federal or State agency concerning—
“(4) INFORMATION FROM OTHER SOURCES.—
“(A) RECEIPT OF INFORMATION.—
“(i) If the Secretary receives information from a Council or Federal or State agency, or determines from another source, or the consultation required in paragraph (2), that an action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken by any Federal agency would adversely affect an essential fish habitat identified under this chapter, the Secretary shall recommend to such agency measures that can be taken by such agency to avoid the adverse effects of the action on such habitat or, to the extent that adverse effects cannot be avoided, minimize and mitigate the adverse effects.
“(B) REQUIRED RESPONSE.—
“(i) Within 30 days after receiving a recommendation under subparagraph (A), a Federal agency shall provide a detailed response in writing to any Council commenting 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, minimizing and mitigating the adverse effects of the action on 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.
“(5) MONITORING FOR EFFECTIVENESS.—Each Federal agency shall monitor the effectiveness of measures that it takes to avoid, minimize, and mitigate adverse impacts to essential fish habitat.
“(6) 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;
(a) Establishment.—The Administrator shall establish a program to address opportunities, challenges, and innovation in non-finfish, small-scale 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, marine wildlife, and habitat 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, marine wildlife, and wild-capture fisheries.
(b) Use of existing programs.—The Administrator shall use grant and research programs available to the Administrator 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;
(3) section 2 of the Act of August 11, 1939 (15 U.S.C. 713c–3).
(d) Prioritization within the program.—In carrying out the program established by 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, marine wildlife, and habitat;
(2) spatial analyses to understand and evaluate where siting of restorative aquaculture can minimize adverse impacts to migratory birds, shorebirds, and waterbirds, marine birds and mammals, endangered species, and other aspects of the current and projected future marine ecosystem;
(3) design, spatial, and environmental analysis to understand and evaluate how siting and operations of land-based restorative aquaculture could impact surrounding communities and ecosystems;
(e) Report.—Not later than one 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 and cumulative impacts on 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, marine wildlife, and habitats 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, marine wildlife, or habitat 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.
Section 3(1) of the Coastal Barrier Resources Act (16 U.S.C. 3502(1)) is amended—
(a) In general.—
(1) PROJECT.—The Secretary of the Interior, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Federal Emergency Management Agency, shall carry out a coastal hazard pilot project to propose definitions and criteria and produce draft digital maps of areas, including coastal mainland 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 or be lost as sea level rises.
(b) Report.—
(1) IN GENERAL.—Not later than two years after the date of the 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 pilot project and the proposed definitions and criteria and costs of completing coastal hazard maps for the entire System.
(a) Definitions.—In this section, the following definitions apply:
(1) PACIFIC TERRITORIES AND FREELY ASSOCIATED STATES.—The term “Pacific Territories and Freely Associated States” means each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and Palau.
(2) UNDEVELOPED COASTAL BARRIER.—The term “undeveloped coastal barrier” has the meaning given the term in section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502).
(b) Report.—Not later than 18 months after the date of the enactment of this Act, the Secretary of the Interior shall prepare and submit a report to Congress on ways to integrate the Pacific Coast of the United States, including in the Pacific Territories and Freely Associated States into the John H. Chafee Coastal Barrier Resources System.
(c) Consultation.—The Secretary shall prepare the report required under subsection (b)—
(d) Contents.—The report required under subsection (b) shall—
(1) 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;
(2) consider the biophysical processes needed to maintain habitat functions and coastal resiliency, accounting for climate and land-use change; and
(3) 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.
(e) Preparation and submission of maps.—
(1) PREPARATION.—As soon as practicable after the date of the 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 three years after the date of submission of the report under subsection (b), 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.
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 LANDOWNERS.—
“(A) As soon as practicable, the Administrator shall provide written notice to any person with an interest in real property located within the System—
“(i) that such property is located with the System and that sale of any such interest in any such property is subject to the requirements of this subsection; and
“(3) NOTIFICATION TO THE SECRETARY.—Not later than 60 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 (4) of such sale and shall certify to the Secretary that such seller complied with the requirements of paragraph (1).
(a) In general.—Section 7 of the Coastal Barrier Resources Act (16 U.S.C. 3506) is amended—
(1) in subsection (a)—
(2) by amending subsection (b) to read as follows:
“(b) Reports and certification.—
“(1) REPORTS.—The head of each Federal agency affected by this Act shall annually report to the Secretary that such agency is in compliance with this Act.
(b) Technical correction.—Section 3(2) of the Coastal Barrier Resources Act (16 U.S.C. 3502(2)) 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 by adding at the end the following new paragraph:
Section 6(a) of the Coastal Barrier Resources Act (16 U.S.C. 3505(a)) is amended—
(1) in paragraph (6), by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and
(2) by adding at the end the following new paragraph:
“(7) Emergency actions necessary to the saving of lives and the protection of property and the public health and safety, if such actions are performed pursuant to sections 402, 403, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5107a; 5170b; and 5192) and are limited to actions that are necessary to alleviate the immediate emergency.”.
Section 10 of the Coastal Barrier Resources Act (16 U.S.C. 3510) 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 2022 through 2026.”.
(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:
“SEC. 320. Grants to further achievement of Tribal coastal zone objectives.
“(a) Grants authorized.—The Secretary may award competitive grants to Indian Tribes to further achievement of the objectives of such a Tribe for such Tribe’s Tribal coastal zone.
“(b) Cost share.—
“(c) Compatibility.—The Secretary may not award a grant under this section unless the Secretary determines that the activities to be carried out with the grant are compatible with this title.
“(d) Authorized objectives and purposes.—Amounts awarded as a grant under this section shall be used for 1 or more of the objectives and purposes authorized under subsections (b) and (c), respectively, of section 306A.
“(e) Funding.—There is authorized to be appropriated to the Secretary $5,000,000 to carry out this section for each of fiscal years 2022 through 2026, of which up to 5 percent may be retained by NOAA to administer this section.
“(f) Definitions.—In this section, the following definitions apply:
“(1) INDIAN LAND.—The term ‘Indian land’ has the meaning given such term in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) and the Indian Tribe is within a coastal State, as that term is defined in section 304(4) (16 U.S.C. 1453(4)).
“(2) 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).
“(3) TRIBAL COASTAL ZONE.—The term ‘Tribal coastal zone’ means any Indian land that is within the coastal zone, as that term is defined in section 304(1) (16 U.S.C. 1453(1)).
“(4) TRIBAL COASTAL ZONE OBJECTIVE.—The term ‘Tribal coastal zone objective’ means, with respect to an Indian Tribe, any of the following objectives:
“(A) Protection, restoration, or preservation of areas in the Tribal coastal zone of such Tribe that hold—
(b) Guidance.—Not later than 180 days after the date of the enactment of this Act, the Administrator 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.
(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:
(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 Resilience and Restoration Program”;
(2) by amending subsection (a) to read as follows:
“(a) In general.—The Secretary may conduct a Coastal and Estuarine Resilience and Restoration Program, in cooperation with State, regional, and other units of government and the National Estuarine Research Reserves, for the purposes of—
(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 recreation, ecological, historical, cultural, aesthetic, or community protection value;
“(B) 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
“(C) (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;
(4) in subsection (f)—
(A) in paragraph (2)(B), by inserting “for any territory of the United States that is unable to provide such match,” after “community,”; and
Section 308 of Coastal Zone Management Act of 1972 (16 U.S.C. 1456a) is amended to read as follows:
“SEC. 308. Coastal Zone Management Fund.
“(a) Establishment.—There is established a fund, to be known as the ‘Coastal Zone Management Fund’, which shall consist of fees deposited into the Fund under section 307(i)(3) and any other funds appropriated to the Fund.
“(b) Grants for post-Disaster recovery to severe coastal flood events.—
“(1) IN GENERAL.—In response to a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of flood and related damages in the coastal zone of a State, the Secretary may issue a grant to such State for a purpose described in paragraph (2).
“(c) Grants for severe coastal flood hazard planning.—
“(1) IN GENERAL.—The Secretary, at the request of a Governor of a coastal State or Tribe, may use amounts in the Fund to issue a grant to a coastal State or Tribe for developing a plan for the timely response to a severe coastal flood hazard.
“(2) PROPOSAL.—To be considered for a grant under this section, a State or Tribe shall submit a grant proposal to the Secretary in a time, place, and manner determined by the Secretary. Such proposal shall—
“(A) describe the risks that severe coastal flood hazards pose in the State or Tribe and goals for reducing loss of life and property and sustaining coastal ecosystems in response to these risks;
“(B) include consideration of related plans including the Coastal Zone Management Plan of the State or Tribe, the Hazard Mitigation Plan of the State or Tribe, applicable State plans under the Community Development Block Program, National Estuarine Research Reserve Disaster Mitigation and Response plans, and the severe coastal flood hazard preparedness plans, if any, of neighboring States;
“(d) Grants for Severe Coastal Flood Hazard Plan Implementation.—
“(1) IN GENERAL.—The Secretary, at the Secretary’s discretion or at the request of the Governor of a State or Tribe, may use amounts in the Fund to issue grants to a coastal State or Tribe or National Estuarine Research Reserve with a severe coastal flood hazard preparedness plan approved under subsection (c) to implement the approved plan.
“(2) ELIGIBLE ACTIVITIES.—Activities eligible for funding under this subsection include—
“(A) conducting a public awareness campaign to inform the public and decisionmakers about severe coastal flood hazards;
“(B) developing, enacting, and administering a State or Tribe or local law prohibiting new and significantly expanded development in areas at risk of severe coastal flood hazards;
“(C) developing, enacting, and administering a State or Tribal requirement for disclosure of severe coastal flood hazards, including sea level rise, to buyers of real estate;
“(D) making grants to local governments, or regional consortiums of local governments, to implement the State or Tribe’s plan, including development of local or regional plans and site-specific plans or projects; and
“(E) planning, designing, and implementing projects to—
“(i) protect existing public infrastructure and residential and commercial properties, including built structures, natural infrastructure, and living shorelines;
“(ii) relocate infrastructure or structures at risk of damage by severe coastal flood hazards, restore such sites to safe conditions, and select alternative sites;
“(iii) remove structures damaged by severe coastal flood hazards and restore such site to safe conditions;
“(3) CRITERIA.—Grants made pursuant to this subsection shall be in response to an annual request for proposals. In determining the amount of a grant, the Secretary shall consider—
“(e) Technical support to States or Tribes.—
“(1) The Secretary shall take such actions as the Secretary determines necessary to support States and Tribes in carrying out this section, including at a minimum the following:
“(A) Periodic assessment of storm flood risk and relative sea level and lake level changes along the United States coastline, including estimates of changes in storm intensity and relative sea or lake levels by 2040, 2060, 2080, and 2100.
“(B) Operation of an online mapping tool to describe areas at risk of temporary flooding from future coastal storms and permanent inundation as a result of sea or long-term lake level changes.
“(C) Publication, not later than one year after the date of the enactment of this section and periodically thereafter, of guidance for the development of State or Tribal plans developed pursuant to subsection (d).
“(D) Establishment, not later than one year after the date of the enactment of this section, of minimum criteria for disclosure of severe coastal flood hazards, including sea level rise, to buyers of real estate in the coastal zone.
“(2) The guidance developed by the Secretary pursuant to paragraph (1)(C) shall, at a minimum—
“(A) provide information States and Tribes need to establish State-specific estimates of severe coastal flood hazards, including more severe storms and relative sea and lake levels, and planning targets for such hazards for the years 2040, 2060, 2080, and 2100;
“(B) describe approaches the State and Tribe should consider to prohibit new or expanded development in areas at risk of severe coastal flood hazards;
“(C) outline considerations for State and Tribal grants to support local governments in the coastal zone, or consortiums of such governments acting on a regional basis, in developing or implementing parts of a plan pursuant to subsection (d);
“(D) describe methods for evaluation of response options including construction of structures to protect assets and relocation to alternative sites, including cost comparison in the context of available resources, and related considerations;
“(E) review options for establishing priorities for removal of damaged or abandoned structures and restoration of sites to safe conditions;
“(F) describe social justice policies and practices the State or Tribe should consider adopting in carrying out the activities under this section, including criteria for identifying disadvantaged communities within the coastal zone of the State or Tribe and the policies and practices the State or Tribe should consider adopting to assure that interests of such communities are addressed in State or Tribal plans developed pursuant to this section;
“(G) identify areas in coastal communities, or other locations in the State or Tribe's land, that have minimal severe coastal flood hazards, that are appropriate for relocation of people and property, and can sustain the identity and cultural heritage of relocated communities;
“(H) provide information and practices for identifying coastal areas that are important to the successful landward migration of ecosystems in response to severe coastal flood hazards and measures for protecting these migration pathways;
“(f) Administration.—The Secretary may use amounts in the Fund for expenses incident to the administration of this section, in an amount not to exceed $250,000 or 3 percent of the amount in the Fund, whichever is less, for each fiscal year.
“(g) Report to Congress.—The Secretary shall, not later than three years after the date of the enactment of this section and every 3 years thereafter, 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 describing the development of plans and projects under this section, changes in severe coastal flood hazards, including changes to risks to disadvantaged communities, and making recommendations to better respond to these challenges.
“(h) Definitions.—In this section, the following definitions apply:
“(1) SEVERE COASTAL FLOOD HAZARDS.—The term ‘severe coastal flood hazards’ means—
“(2) NATURAL INFRASTRUCTURE.—The term ‘natural infrastructure’ means coastal wetlands, beaches, dunes, marshes, mangrove forests, oyster beds, submerged aquatic vegetation, coral reefs, municipal green infrastructure, and living shorelines.
“(3) PUBLICLY OWNED INFRASTRUCTURE.—The term ‘publicly owned infrastructure’ means buildings, structures, and facilities and appurtenances of drinking water, sewage treatment, natural gas, or electric power utilities owned by a municipal, county, or State government or a combination of such governments.
“(4) WASTE DISPOSAL SITE.—The term ‘waste disposal site’ means a publicly or privately owned solid waste landfill or disposal site, a hazardous waste landfill or disposal site, a site included on the National Priorities List developed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), and a site used for the disposal of coal combustion residuals from a coal fired plant that has been identified in a plan approved under subsection (d).
“(5) DISADVANTAGED COMMUNITIES.—The term ‘disadvantaged communities’ means areas of the coastal State identified in a plan approved under subsection (d) which disproportionately suffer from a combination of economic, health, and environmental burdens including poverty, high unemployment, air and water pollution, presence of hazardous wastes as well as high incidence of asthma and heart disease.
“(6) LIVING SHORELINE.—The term ‘living shoreline’ means a protected, stabilized coastal edge made of natural materials such as plants designed to provide wildlife habitat, as well as natural resilience to shorelines.
“(i) Authorization of appropriations.—
“(1) IN GENERAL.—There is authorized to be appropriated into the Fund for use by the Secretary $100,000,000 for each of fiscal years 2022 through 2026, which shall remain available until expended without fiscal year limitation.
“(2) DISASTER RELIEF.—There is authorized to be appropriated into the Fund for use by the Secretary to respond to a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) such sums as may be necessary. Funds appropriated pursuant to this paragraph may only be used to make grants to the State or States in which the major disaster occurred and shall remain available until expended without fiscal year limitation.”.
Section 318(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is amended to read as follows:
(a) Designation of additional reserves.—Not later than five years after the date of the enactment of this Act, the Administrator 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—
(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—
(c) Land acquisition and construction.—Section 315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461) is amended by striking subsection (g) and adding at the end the following:
“(g) 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 shall 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.
“(h) Requirements for use of funds.—In using funds under subsection (g), the Secretary shall—
“(1) provide science-based information and technical assistance to coastal stakeholders and decisionmakers;
“(2) leverage the capabilities of nationwide protected area networks to address challenging coastal management issues such as climate change and vulnerability of coastal ecosystems and communities to coastal hazards;
“(3) serve as living laboratories and preferred places for National Oceanic and Atmospheric Administration research and fellowships on coastal and estuarine systems;
“(4) serve as critical sentinel sites for detecting environmental change and developing and demonstrating adaptation and mitigation strategies;
“(i) Systemwide Elements of the National Estuarine Research Reserve System.—The Secretary shall coordinate systemwide programs and activities in the System including—
“(1) the centralized management and dissemination of data from System observation and monitoring networks;
“(2) a competitive grant program employing the collaborative research model on coastal research and management priorities to be conducted at research reserve sites focused on the priorities determined by the Secretary; and
“(3) the Margaret A. Davidson Graduate Research Fellowship Program to address key coastal management questions and the coastal research and management priorities of the Reserve System and its place-based sites to help scientists and communities understand the coastal challenges that may influence future policy and management strategies.
“(j) Place-Based Program Elements of the National Estuarine Research Reserve System.—Each National Estuarine Research Reserve shall establish and maintain place-based program elements that include—
“(1) a research, monitoring, and observation network that detects environmental change and informs suitable adaptation and mitigation strategies where appropriate, and that supports systemwide activities stated in subsection (e);
“(2) education, outreach, and interpretive programs that communicate the value and changing dynamics of coastal systems and inspire behavior change for the next generation of estuarine stewards;
“(3) stewardship programs that provide science-based tools, habitat management, and restoration and that provide resources and information to inform coastal management;
“(k) Definitions.—In this section, the following definitions apply:
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:
“SEC. 321. Working Waterfronts Grant Program.
“(a) Working waterfronts task force.—
“(1) ESTABLISHMENT AND FUNCTIONS.—The Secretary shall establish a task force to work directly with coastal States, user groups, and coastal stakeholders to identify and address critical needs with respect to working waterfronts.
“(2) MEMBERSHIP.—The members of the task force shall be appointed by the Secretary, and shall include—
“(A) experts in the unique economic, social, cultural, ecological, geographic, and resource concerns of working waterfronts; and
“(B) representatives from the National Oceanic and Atmospheric Administration’s Office of Coastal Management, the United States Fish and Wildlife Service, the Department of Agriculture, the Environmental Protection Agency, the United States Geological Survey, the Navy, the National Marine Fisheries Service, the Economic Development Administration, and such other Federal agencies as the Secretary considers appropriate.
“(3) FUNCTIONS.—The task force shall—
“(A) identify and prioritize critical needs with respect to working waterfronts in States that have a management program approved by the Secretary pursuant to section 306, in the areas of—
“(4) INFORMATION TO BE CONSIDERED.—In identifying and prioritizing policy gaps pursuant to paragraph (3), the task force shall consider the findings and recommendations contained in section VI of the report entitled ‘The Sustainable Working Waterfronts Toolkit: Final Report’, dated March 2013.
“(b) Working waterfronts grant program.—
“(1) ESTABLISHMENT.—The Secretary shall establish a Working Waterfront Grant Program, in cooperation with appropriate State, regional, and other units of government, under which the Secretary may make a grant to any coastal State for the purpose of implementing a working waterfronts plan approved by the Secretary under subsection (c).
“(2) GRANTS.—The Secretary shall award matching grants under the Working Waterfronts Grant Program to coastal States with approved working waterfronts plans through a regionally equitable, competitive funding process in accordance with the following:
“(A) The Governor, or an agency designated by the Governor for coordinating the implementation of this section, in consultation with any appropriate local government, shall determine that the application is consistent with the State’s or territory’s approved coastal zone plan, program, and policies prior to submission to the Secretary.
“(3) CONSIDERATIONS.—In awarding a grant to a coastal State, the Secretary shall consider—
“(A) the economic, cultural, and historical significance of working waterfronts to the coastal State;
“(B) the demonstrated working waterfronts needs of the coastal State as outlined by a working waterfronts plan approved for the coastal State under subsection (c), and the value of the proposed project for the implementation of such plan;
“(C) the ability to leverage funds among participating entities, including Federal agencies, regional organizations, State and other government units, landowners, corporations, or private organizations;
“(D) the potential for rapid turnover in the ownership of working waterfronts in the coastal State, and where applicable the need for coastal States to respond quickly when properties in existing or potential working waterfronts areas or public access areas as identified in the working waterfronts plan submitted by the coastal State come under threat or become available; and
“(c) Working waterfronts plans.—
“(1) DEVELOPMENT AND SUBMISSION OF PLAN.—To be eligible for a grant under subsection (b), a coastal State shall submit to the Secretary a comprehensive working waterfronts plan in accordance with this subsection, or be in the process of developing such a plan and have an established working waterfronts program at the State or local level.
“(2) PLAN REQUIREMENTS.—Such plan—
“(A) shall provide for preservation and expansion of access to coastal waters to persons engaged in commercial fishing, marine recreational and tourism businesses, aquaculture, boatbuilding, or other water-dependent, coastal-related business;
“(B) shall include—
“(i) an assessment of the economic, social, cultural, and historic value of working waterfronts to the coastal State;
“(ii) a description of relevant State and local laws and regulations affecting working waterfronts in the geographic areas identified in the working waterfronts plan;
“(iii) identification of geographic areas where working waterfronts are currently under threat of conversion to uses incompatible with commercial and recreational fishing, recreational fishing and boating businesses, other marine recreational and tourism businesses, aquaculture, boatbuilding, or other water-dependent, coastal-related business, and the level of that threat;
“(iv) identification of geographic areas with a historic connection to working waterfronts where working waterfronts are not currently available, and, where appropriate, an assessment of the environmental impacts of any expansion or new development of working waterfronts on the coastal ecosystem;
“(v) identification of other working waterfronts needs including improvements to existing working waterfronts and working waterfronts areas;
“(vi) a strategic and prioritized plan for the preservation, expansion, and improvement of working waterfronts in the coastal State;
“(C) may include detailed descriptions of environmental impacts on working waterfronts, including hazards, sea level rise, inundation exposure, and other resiliency issues;
“(3) A working waterfront plan—
“(4) The Secretary may—
“(A) award planning grants to coastal States for the purpose of developing or revising comprehensive working waterfronts plan;
“(5) Any coastal State applying for a working waterfronts grant under this title shall—
“(A) develop a working waterfronts plan, using a process that involves the public and those with an interest in the coastal zone;
“(B) coordinate development and implementation of such a plan with other coastal management programs, regulations, and activities of the coastal State; and
“(C) if the coastal State allows qualified holders (other than the coastal State) to enter into working waterfronts covenants, provide as part of the working waterfronts plan under this subsection a procedure to ensure that the qualified holders are fulfilling such qualified holder's obligations under the working waterfronts covenant.
“(d) Uses, terms, and conditions.—A grant under this section may be used—
“(e) Public access requirement.—A working waterfronts project funded by grants made under this section must provide for expansion, improvement, or preservation of reasonable and appropriate public access to coastal waters at or in the vicinity of a working waterfront, except for commercial fishing or other industrial access points where the coastal State determines that public access would be unsafe.
“(f) Limitations.—
“(1) Except as provided in paragraph (2), a grant awarded under this section may be used to purchase working waterfronts or an interest in working waterfronts, including an easement, only from a willing seller and at fair market value.
“(g) Allocation of grants to local governments and other entities.—
“(1) DESIGNATION OF QUALIFIED HOLDER.—Subject to the approval of the Secretary, a coastal State may, as part of an approved working waterfront plan, designate as a qualified holder any unit of State or local government or nongovernmental organization, if the coastal State is ultimately responsible for ensuring that the property will be managed in a manner that is consistent with the purposes for which the land entered into the program.
“(2) ALLOCATION.—A coastal State or a qualified holder designated by a coastal State may allocate to a unit of local government, nongovernmental organization, fishing cooperative, or other entity, a portion of any grant made under this section for the purpose of carrying out this section, except that such an allocation shall not relieve the coastal State of the responsibility for ensuring that any funds so allocated are applied in furtherance of the coastal State’s approved working waterfronts plan.
“(3) EXCEPTIONS.—A qualified holder may hold title to or interest in property acquired under this section, except that—
“(A) all persons holding title to or interest in working waterfronts affected by a grant under this section shall enter into a working waterfronts covenant;
“(B) such covenant shall be held by the coastal State or a qualified holder designated under paragraph (1);
“(C) if the coastal State determines, on the record after an opportunity for a hearing, that the working waterfronts covenant has been violated—
“(h) Matching contributions.—
“(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall require that each coastal State that receives a grant under this section, or a qualified holder designated by that coastal State under subsection (g), shall provide matching funds in an amount equal to at least 25 percent of the total cost of the project carried out with the grant. As a condition of receipt of a grant under this section, the Secretary shall require that a coastal State provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured.
“(2) WAIVER.—The Secretary may waive the application of paragraph (1) for any qualified holder that is an underserved community, a community that has an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary considers appropriate.
“(3) IN-KIND CONTRIBUTIONS.—A local community designated as a qualified holder under subsection (g) may use funds or other in-kind contributions donated by a nongovernmental partner to satisfy the matching funds requirement under this subsection.
“(4) FUNDING FROM OTHER FEDERAL SOURCE.—If financial assistance under this section represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project.
“(5) VALUE OF A WORKING WATERFRONT.—The Secretary shall treat as non-Federal match the value of a working waterfront or interest in a working waterfront, including conservation and other easements, that is held in perpetuity by a qualified holder, if the working waterfront or interest is identified in the application for the grant and acquired by the qualified holder not later than three years of the grant award date, or not later than three years after the submission of the application and before the end of the grant award period. Such value shall be determined by an appraisal performed at such time before the award of the grant as the Secretary considers appropriate.
“(6) OTHER CONSIDERATIONS.—The Secretary shall treat as non-Federal match the costs associated with acquisition of a working waterfront or an interest in a working waterfront, and the costs of restoration, enhancement, or other improvement to a working waterfront, if the activities are identified in the project application and the costs are incurred within the period of the grant award, or, for working waterfront described in paragraph (6), within the same time limits described in that paragraph. Such costs may include either cash or in-kind contributions.
“(i) Limit on administrative costs.—No more than 5 percent of the funds made available to the Secretary under this section may be used by the Secretary for planning or administration of the program under this section.
“(j) Other technical and financial assistance.—
“(1) Up to 5 percent of the funds appropriated under this section shall be used by the Secretary for purposes of providing technical assistance as described in this subsection.
“(2) The Secretary shall—
“(A) provide technical assistance to coastal States and local governments in identifying and obtaining other sources of available Federal technical and financial assistance for the development and revision of a working waterfronts plan and the implementation of an approved working waterfronts plan;
“(B) provide technical assistance to States and local governments for the development, implementation, and revision of comprehensive working waterfronts plans, which may include, subject to the availability of appropriations, planning grants and assistance, pilot projects, feasibility studies, research, and other projects necessary to further the purposes of this section;
“(D) collect and disseminate to States guidance for best stormwater management practices in regards to working waterfronts;
“(k) Reports.—
“(l) Definitions.—In this section, the following definitions apply:
“(1) QUALIFIED HOLDER.—The term ‘qualified holder’ means a coastal State or a unit of local or coastal State government or a non-State organization designated by a coastal State under subsection (g).
“(2) WORKING WATERFRONT.—The term ‘working waterfront’ means real property (including support structures over water and other facilities) that provides access to coastal waters to persons engaged in commercial and recreational fishing, recreational fishing and boating businesses, other marine recreational and tourism businesses, boatbuilding, aquaculture, or other water-dependent, coastal-related business and is used for, or that supports, commercial and recreational fishing, recreational fishing and boating businesses, boatbuilding, other marine recreational and tourism businesses, aquaculture, or other water-dependent, coastal-related business.
“(3) WORKING WATERFRONT COVENANT.—The term ‘working waterfront covenant’ means an agreement in recordable form between the owner of working waterfront and one or more qualified holders, that provides such assurances as the Secretary may require that—
“(A) the title to or interest in the working waterfront will be held by a grant recipient or qualified holder in perpetuity, except as provided in subparagraph (C);
“(B) the working waterfront will be managed in a manner that is consistent with the purposes for which the property is acquired pursuant to this section, and the property will not be converted to any use that is inconsistent with the purpose of this section;
“(C) if the title to or interest in the working waterfront is sold or otherwise exchanged—
“(i) all working waterfront owners and qualified holders involved in such sale or exchange shall accede to such agreement; and
“(ii) funds equal to the fair market value of the working waterfront or interest in working waterfront shall be paid to the Secretary by parties to the sale or exchange, and such funds shall, at the discretion of the Secretary, be paid to the coastal State in which the working waterfront is located for use in the implementation of the working waterfront plan of the State approved by the Secretary under this section; and
In this title, the following definitions apply:
(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.
(a) Establishment of task force.—Not later than 90 days after the date of the enactment of this Act, the following shall jointly establish the “Insular Area Climate Change Interagency Task Force” (hereafter in this section referred to as the “Task Force”):
(b) Chairperson.—The Task Force shall be chaired by the Administrator of the Federal Emergency Management Agency.
(c) Duties.—The Task Force shall—
(1) evaluate all Federal programs regarding ways to provide greater access to Federal programs and equitable baseline funding in relation to States, to territories for climate change planning, mitigation, adaptation, and resilience;
(d) Comprehensive report.—Not later than one year after the establishment of the Task Force, the Task Force, in consultation with Insular Areas governments, shall issue a comprehensive report that—
(e) Publication; public availability.—The Administrator of the Federal Emergency Management Agency shall ensure that the report required under subsection (d) is—
(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall submit to the Committees on Natural Resources and Energy and Commerce of the House of Representatives, and to the Committee on Energy and Natural Resources of the Senate, a report, prepared by independent experts not employed by the United States Government, on the impacts of climate change on the “Runit Dome” nuclear waste disposal site in Enewetak Atoll, Marshall Islands, and on other environmental hazards in the vicinity thereof. The report shall include the following:
(1) A detailed scientific analysis of any threats to the environment, and to the health and safety of Enewetak Atoll residents, posed by each of the following:
(C) Radionuclides and other toxins present in the lagoon of Enewetak Atoll, including areas in the lagoon where nuclear waste was dumped.
(D) Radionuclides and other toxins, including beryllium, which may be present on the islands of Enewetak Atoll as a result of nuclear tests and other activities of the United States government, including tests of chemical and biological warfare agents, rocket tests, contaminated aircraft landing on Enewetak Island, and nuclear cleanup activities.
(2) A detailed scientific analysis of the extent to which rising sea levels, severe weather events, and other effects of climate change might exacerbate any of the threats identified above.
(b) Marshallese participation.—The Secretary of the Interior shall allow scientists or other experts selected by the Republic of the Marshall Islands to participate in all aspects of the preparation of the report required by subsection (a), including, without limitation, developing the work plan, identifying questions, conducting research, and collecting and interpreting data.
(c) Publication.—The report required in subsection (a) shall be published in the Federal Register for public comment for a period of not fewer than 60 days.
(d) Public availability.—The Secretary of the Interior shall publish the study required under subsection (a) and results submitted under subsection (b) on a public website.
(e) Authorization of appropriation for report.—There is authorized to be appropriated for the Office of Insular Affairs of the Department of the Interior for fiscal year 2022 such sums as may be necessary to produce the report required in subsection (a).
(f) Indefinite authorization of appropriation for Runit Dome monitoring activities.—There is authorized to be appropriated to the Department of Energy such sums as may be necessary to comply with the requirements of section 103(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(f)(1)(B)).
(a) Technical assistance.—
(b) Annual report.—The Administrator, acting through the Director of the Office for Coastal Management, shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate every 5 years on the status of the following in Insular Areas:
(a) Technical assistance and outreach.—
(1) IN GENERAL.—The Administrator, acting through the Director of the Office for Coastal Management, 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 considers necessary, in order to improve weather data collection, and provide science, data, information, and impact-based decision support services to reduce tsunami, hurricane, typhoon, drought, tide, and sea level rise impacts in Insular Areas.
(b) Grants.—
(1) IN GENERAL.—The Administrator, may provide grants to academic, nonprofit, and local entities to conduct climate change research to improve weather data collection, produce more accurate tropical weather forecasts, and provide science, data, information, and impact-based decision support services to reduce tsunami, hurricane, typhoon, drought, tide, and sea level rise impacts in the Insular Areas.
(a) Prize competitions.—The Administrator, acting through the Director of the Office of Science and Technology, shall work with the head of each Federal agency represented on the United States Coral Reef Task Force established under Executive Order 13089 (63 Fed. Reg. 32701) to establish prize competitions in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), that promote coral reef research and conservation.
(b) Waiver of matching requirement.—Section 204(b) of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403(b)) is amended—
(2) by adding at the end of paragraph (2) the following:
“(B) SUSTAINING CORAL REEF MANAGEMENT AND MONITORING.—The Administrator 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.”.
Section 12204 of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3503) is amended—
Section 501 of the Omnibus Territories Act of 1977 (48 U.S.C. 1469a), is amended by adding at the end the following:
Funding made available to an Insular Area 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 1972 (16 U.S.C. 1361 et seq.) is amended by inserting after section 120 the following:
“(a) Climate impact management plans.—
“(1) Within 24 months after the date of the enactment of this section, the Secretary, in consultation with the Marine Mammal Commission, shall publish in the Federal Register, after notice and opportunity for public comment, a list of those marine mammal species and population stocks in waters under the jurisdiction of the United States for which climate change, alone or in combination or interaction with other factors, is more likely than not to result in a decline in population abundance, impede population recovery, or reduce carrying capacity. The list shall identify—
“(A) any species or population stock for which such impacts are likely to occur within 20 years; and
“(B) any species or population stock listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for which such impacts have more than a remote possibility of occurring within 100 years.
“(2) (A) The Secretary, in consultation with the Marine Mammal Commission, shall review the list adopted pursuant to paragraph (1) at least once every 5 years, or more frequently if significant new information becomes available, and, after notice and opportunity for public comment, shall publish a revised list in the Federal Register.
“(B) Within 12 months after receiving the petition of an interested person under section 553(e) of title 5, United States Code, to add a marine mammal species or population stock to the list published under paragraph (1), the Secretary, in consultation with the Marine Mammal Commission and after notice and opportunity for public comment, shall publish in the Federal Register its finding of whether the petitioned action is warranted. If the petitioned action is deemed warranted, the Secretary shall publish at the same time the revision adding such species or population stock.
“(3) The list published under paragraph (1), and any revisions thereto made in accordance with paragraph (2), shall include a determination of whether a climate impact management plan will promote the conservation of species or stocks listed pursuant to paragraph (1)(C).
“(4) (A) (i) The Secretary shall publish in the Federal Register a draft climate impact management plan for each marine mammal species or population stock for which, as determined under paragraph (3), such a plan will promote the conservation of the species or stocks that is—
“(I) within 18 months after the listing for those species or population stocks listed under paragraph (1)(A); and
“(ii) Each draft climate impact management plan shall be developed in consultation with the Marine Mammal Commission and, as appropriate, other Federal agencies, and shall be made available for public review and comment for a period not to exceed 90 days.
“(iii) No later than 120 days after the close of the comment period required under clause (ii), the Secretary shall issue a final climate impact management plan and implementing regulations that are consistent with the other provisions of this section and, to the full extent available under the Secretary’s authorities under this Act and other statutes, implement the conservation and management measures identified in the plan.
“(B) Each management plan under subparagraph (A) shall include a comprehensive strategy for conserving and recovering such marine mammal stocks and species given the anticipated direct and indirect effects of climate change and increasing resiliency in the species or population stock, and shall identify conservation and management measures to—
“(i) conserve and recover such species and population stocks given the anticipated adverse effects of climate change on such species and population stocks and their prey;
“(ii) monitor, reduce, and prevent interactions with fisheries and other human activities that may occur as a result of changes in marine mammal distribution or other indirect effects of climate change;
“(iii) increase resiliency by materially reducing other human impacts on such species and population stocks, including but not limited to the reduction of incidental taking of marine mammals and of the degradation of the habitat of such species and population stocks, and by managing prey species to improve the availability of prey to such species and population stocks; and
“(C) Each management plan under subparagraph (A) shall include objective, measurable criteria for evaluating the effectiveness and sufficiency of such measures to meet the purposes of this Act.
“(D) (i) All other Federal agencies shall, in consultation with and with the assistance of the Administrator, utilize their authorities in furtherance of the strategy and conservation and management measures set forth in climate impact management plans developed under this subsection and ensure that their actions do not conflict or interfere with the objectives of such management plans. The Administrator shall consult with the Marine Mammal Commission and, as may be warranted, other agencies in the implementation of such plans.
“(ii) With respect to any Federal agency action authorized, funded, or undertaken by such agency that, in the view of the Secretary or of the agency, may conflict or interfere with the objectives of such management plans, such agency shall, in consultation with the Secretary, ensure that such action is consistent with the management plans. To the extent that it is impossible for such action to be consistent with the management plan, the Secretary shall require measures to minimize any such conflicts, in addition to any other measures required by law, and the agency shall adopt such measures required by the Secretary.
“(E) When appropriate, the Secretary may, and is encouraged to, integrate climate impact management plans into conservation plans adopted under section 115(b) or recovery plans adopted under section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)).
“(F) The Secretary shall review climate impact management plans and implementing regulations at least once every 5 years, and shall revise and amend them as necessary to meet the goals and requirements of this section. Any changes shall be subject to the procedures and requirements applicable to the adoption of the initial plans and regulations.
“(5) The Secretary shall report to Congress four years after the date of the enactment of this section, and every 2 years thereafter, on—
“(b) Monitoring of climate impacts.—The Administrator shall establish a program within the National Oceanic and Atmospheric Administration to monitor the adverse impacts of climate change on marine mammals. The purposes of the monitoring program shall be to—
“(1) improve models of projected future changes in marine mammal distribution and densities resulting from climate change;
“(2) identify and monitor interactions with fisheries and other human activities that may occur as a result of changes in marine mammal distribution or other effects of climate change;
“(3) monitor the abundance of species and population stocks, to an extent sufficient to detect a 20 percent population decline over 20 years;
“(c) Promulgation of regulations for listing marine mammals adversely impacted by climate change.—The Secretary shall, within 120 days after the date of the enactment of this section—
“(1) publish in the Federal Register for public comment, for a period of not less than 60 days, regulations for listing marine mammal species and population stocks adversely impacted by climate change, alone or in combination or interaction with other factors, as described in paragraphs (1) and (2) of subsection (a), taking into account both quantitative and qualitative indicators of adverse impacts of climate change and human activities on such species and stocks, including—
“(d) Lack of quantitative information.—The lack of quantitative information shall not be a basis for a determination under subsection (c) that a species or population stock is not adversely impacted by climate change, alone or in combination or interaction with other factors, as described in paragraphs (1) and (2) of subsection (a).
“(e) Estimation of potential biological removal.—
“(1) The Secretary, in estimating the potential biological removal level in stock assessments prepared in accordance with section 117, shall consider the adverse impacts of climate change in determining the recovery factor applied to each stock.
“(2) The Secretary, in preparing stock assessments in accordance with section 117, shall reexamine the stock definition and geographic range of marine mammal species and population stocks to identify climate-related changes in spatial distribution and stock definition and to identify how such changes may affect human impacts to the species.
“(f) Authority To enter into agreements.—The Secretary shall—
“(g) Construction.—This section shall not be construed to limit or restrict any other responsibility of the Secretary or of any other person under this Act or any other statute.
(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 Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is further amended by inserting after section 121 the following:
“SEC. 122. Vessel restrictions in marine mammal habitat.
“(a) In general.—The Secretary shall, in coordination with the Marine Mammal Commission and the Commandant of the Coast Guard and applying the best available scientific information—
“(1) designate areas of importance for marine mammals known to experience vessel strikes or other vessel-related impacts and establish for each such area seasonal or year-round mandatory vessel restrictions to reduce vessel strikes or other vessel-related impacts, as necessary, for all vessels operating in such areas; and
“(b) Areas of importance.—Areas designated under subsection (a)—
“(1) shall include—
“(A) the important feeding, breeding, calving, rearing, or migratory habitat for priority species of marine mammals, including all areas designated as critical habitat for such species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), except any area the Secretary determines does not intersect with areas of vessel traffic such that an elevated risk of mortality or injury caused by vessel strikes, or harassment, including the disruption of vocalization patterns and masking of biologically important sounds, caused by underwater vessel noise, exists; and
“(c) Deadline for regulations.—Not later than three years after the date of the enactment of this section, the Secretary shall designate areas and vessel restrictions under subsection (a) and issue such regulations as are necessary to carry out 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) IN GENERAL.—The Secretary shall issue regulations to modify or designate the areas of importance and vessel restrictions under this section within 180 days after the issuance of regulations to establish or to modify critical habitat for marine mammals pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
“(2) REEXAMINATION.—The Secretary shall—
“(A) reexamine the areas of importance designated and vessel restrictions under this section every 5 years following the initial issuance of the regulations to determine if the best available scientific information warrants modification or designation of areas of importance for vessel restrictions; and
“(3) FINDING.—Not later than 90 days after receiving the petition of an interested person under section 553(e) of title 5, United States Code, to designate, modify, or add an area of importance or vessel restriction under this section, the Secretary shall make a finding as to whether the petition presents substantial scientific information indicating that the petitioned action may be warranted. The Secretary shall promptly publish such finding in the Federal Register for comment. Not later than one year after the close of comments, the Secretary 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 or modifying the area of importance or vessel restrictions within the area of importance. Not later than 12 months after publication of the draft regulations, the Secretary shall issue final regulations designating or modifying the area of importance and vessel restrictions.
“(e) Exceptions for safe maneuvering and using authorized technology.—
“(1) IN GENERAL.—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 the entry.
“(2) AUTHORIZED TECHNOLOGY.—
“(A) IN GENERAL.—The vessel restrictions established under subsection (a) shall not apply to a vessel operating using technology authorized by regulations issued by the Secretary under subparagraph (B).
“(B) REGULATIONS.—The Secretary 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 vessel restrictions authorized by regulations under subsection (a) in reducing mortality and injury to marine mammals.
“(f) Applicability.—
“(1) IN GENERAL.—Any speed restriction established under subsection (a)—
“(A) shall apply to all vessels subject to the jurisdiction of the United States, all other vessels entering or departing a port or place subject to the jurisdiction of the United States, and all other vessels within the Exclusive Economic Zone of the United States, regardless of flag; and
“(2) CERTAIN PROVISIONS NOT PREEMPTED.—This subsection shall not preempt or supersede obligations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or this title.
“(g) Statutory construction.—
“(1) IN GENERAL.—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;
“(C) preempts or supersedes the final rule titled ‘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) INCONSISTENCIES.—The Secretary 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 Secretary determines that such law gives greater protection to covered marine species and their habitat.
“(h) Priority species.—For the purposes of this section, the term ‘priority species’ means, at a minimum, all Mysticeti species and species within the genera Physeter, Orcinus, and Trichechus.
“(i) Authorization of appropriations.—There is authorized to be appropriated to the Secretary to carry out this section, $3,000,000 for each of fiscal years 2022 through 2026, and there is authorized to be appropriated to the Commandant of the Coast Guard to carry out this section, $3,000,000 for each of fiscal years 2024 through 2026.”.
(a) In general.—The Administrator and the Director of the Fish and Wildlife Service shall maintain and expand an Ocean Noise Reference Station Network, utilizing and coordinating with the Integrated Ocean Observing System and the Office of National Marine Sanctuaries to—
(1) provide grants to expand the deployment of Federal and non-Federal observing and data management 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;
(a) In General.—The Administrator and the Director of the Fish and Wildlife Service shall, not later than 180 days after the date of the 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, assess, and carry out activities that quantifiably reduce threats and enhance the habitats of marine mammals by—
(c) Priority.—The Administrator and the Director of the Fish and Wildlife Service shall prioritize assistance under this section for projects that—
(1) assist ports with higher relative threat levels to vulnerable marine mammals from vessel traffic;
(d) Outreach.—The Administrator and the Director of the Fish and Wildlife Service 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—
(a) Establishment of the program.—The Administrator shall design and deploy a Near Real-Time Large Whale Monitoring and Mitigation Program in order to curtail the risk to large whales of vessel collisions, entanglement in commercial fishing gear, and to minimize other impacts, including but not limited to underwater noise from development activities. Such program shall be capable of detecting and alerting ocean users and enforcement agencies of the location of large whales on a near real-time basis, informing sector-specific mitigation protocols that can effectively reduce take of large whales, and continually integrating improved technology. The program shall be informed by the technologies, monitoring methods, and mitigation protocols developed pursuant to the pilot program required in subsection (b).
(b) Pilot project.—In carrying out subsection (a), the Administrator shall first establish a pilot monitoring and mitigation project for North Atlantic right whales for the purposes of informing a cost-effective, efficient and results-oriented near real-time monitoring and mitigation program for large whales.
(1) PILOT PROJECT REQUIREMENTS.—In designing and deploying the monitoring system, the Administrator shall, using best available scientific information, identify and ensure coverage of—
(2) PILOT PROJECT MONITORING COMPONENTS.—Within 3 years after the date of the enactment of this Act, the Administrator, in consultation with relevant Federal agencies, Tribal governments, and with input from affected stakeholders, shall design and deploy a real-time monitoring system for North Atlantic right whales that includes near real-time monitoring methods, technologies, and protocols that—
(A) comprise sufficient detection power, spatial coverage and survey effort to detect and localize North Atlantic right whales within core foraging habitats;
(B) are capable of detecting North Atlantic right whales visually, including during periods of poor visibility and darkness, and acoustically;
(3) PILOT PROGRAM MITIGATION PROTOCOLS.—The Secretary shall, in consultation with the Secretary of Homeland Security, Secretary of Defense, Secretary of Transportation, and Secretary of the Interior, and with input from affected stakeholders, develop and deploy mitigation protocols that make use of the near real-time monitoring system to direct sector-specific mitigation measures that avoid and significantly reduce risk of disturbance, injury, and mortality to North Atlantic right whales.
(4) PILOT PROGRAM ACCESS TO DATA.—The Administrator shall provide access to data generated by the monitoring system for purposes of scientific research and evaluation, and public awareness and education, through the NOAA Right Whale Sighting Advisory System and WhaleMap. or other successive public web portals.
(5) PILOT PROGRAM REPORTING.—
(A) Not later than two years after the date of the enactment of this Act, the Administrator shall submit to the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make available to the public, an interim report that assesses the benefits and efficacy of the North Atlantic right whale near real-time monitoring and mitigation pilot program. The report shall include—
(ii) analyses of the efficacy of the methods and technology in use or planned for deployment in detecting North Atlantic right whales both individually and in combination;
(B) Not later than three years after the date of the enactment of this Act, the Administrator shall submit to the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make available to the public, a final report, addressing the components in subparagraph (A) for the subsequent one year following the publication of the interim report, and including the following—
(i) a strategic plan to expand the pilot program to provide near real-time monitoring and mitigation measures to additional large whale species, including a prioritized plan for acquisition, deployment, and maintenance of monitoring technologies, and the locations or species for which the plan would apply; and
(c) Additional authority.—In carrying out this section, 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 section on such terms as the Administrator considers appropriate.
(d) Reporting.—Not later than one year after the deployment of the program described in subsection (b) (and after completion of the reporting requirements pursuant to paragraph (5) of such subsection), and annually thereafter through 2029, the Administrator shall submit to the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make available to the public, a report that assess the benefits and efficacy of the near real-time monitoring and mitigation program.
(e) Definitions.—In this section, the following definitions apply:
(1) CORE FORAGING HABITATS.—the term “core foraging habitats” means areas with biological and physical oceanographic features that aggregate Calanus finmarchicus and where North Atlantic right whales foraging aggregations have been well documented.
(a) In general.—The Administrator and the Director of the Fish and Wildlife Service shall, within 6 months of the date of the enactment of this Act, establish a grant program, to be administered in consultation with the Administrator of the United States Maritime Administration, to provide assistance for the development and implementation of new or improved technologies that reduce threats to and enhance the habitats of marine mammals and other marine species by quantifiably reducing underwater noise from marine vessels.
(b) Eligible uses.—Grants provided under this section may be used to develop, assess, and implement new or improved technologies that materially reduce underwater noise from marine vessels.
(c) Outreach.—The Administrator and the Director of the Fish and Wildlife Service shall conduct outreach to eligible persons 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.
(d) Eligible entities.—A person shall be eligible for assistance under this section if the person is—
(2) an individual, partnership, association, organization, or any other combination of individuals, provided, however, that each such individual shall be a citizen of the United States or lawful permanent resident of the United States or a protected individual as such term is defined in section 274B(a)(3) of the Immigration and Nationality Act (9 U.S.C. 1324b(a)(3)).
The Secretary of Defense, in consultation with the Secretary of Homeland Security, the Administrator, and the Administrator of the United States Maritime Administration, shall, not later than 18 months after the date of the enactment of this Act, submit to the Senate Committees on Armed Services; Commerce, Science, and Transportation; Environment and Public Works; and Homeland Security and Governmental Affairs; and the House of Representatives Committees on Armed Services; Energy and Commerce; Homeland Security; Natural Resources; and Transportation and Infrastructure, and publish, an unclassified report identifying existing nonclassified naval technologies that reduce underwater noise and evaluating the effectiveness and feasibility of incorporating such technologies in the design, procurement, and construction of noncombatant vessels of the United States.
(a) Findings.—Congress makes the following findings:
(1) As a party to the Law of the Sea Convention, the United States would be a powerful voting Council member of the International Seabed Authority, a body that is critical to negotiations regarding deep seabed mining, which is a practice that could have significant potential climate, environmental, and economic impacts.
(2) Being party to the Convention and holding membership on the International Seabed Authority is in the United States’ best interests in regard to competition with other countries over future rare earth element resources found on the sea floor.
(3) Without being party to the Convention, the United States cannot play a role in negotiating and providing international legitimacy to claims to the Arctic, an area that is rapidly becoming more accessible due to climate change.
(4) As a party to the Convention, the United States would be better able to participate in negotiations regarding the management of high seas fish stocks, migratory fish stocks, and marine mammals, which will become more important as the climate continues to change and species shift.
(b) Sense of Congress.—It is the sense of Congress that—
(1) the United States Senate should give its advice and consent to accession to the Law of the Sea Convention, 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) the Law of the Sea Convention builds on four 1958 Law of the Sea conventions to which the United States is a party, namely—
(3) the Law of the Sea Convention 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 the Convention nor to the associated 1994 agreement;
(5) becoming a party to the Law of the Sea Convention 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; and
(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.
Not later than one year after the date of the enactment of this Act, and every three years thereafter, the Secretary of State, in consultation with the Administrator, shall submit a report to Congress that describes—
Not later than one year after the date of the enactment of this Act, the Secretary of State, and in consultation with the Secretary of Commerce acting through the Administrator, shall 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.
(a) 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.
(b) 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 develop 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. Such plan shall also describe—
(c) Submissions to Congress and Updates to plan.—The Secretary of State, shall submit to the appropriate congressional committees and make available to the public—
(1) not later than 180 days after the date of the enactment of this Act, the plan developed under subsection (b);
(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(a) Establishment.—The Secretary of the Interior shall establish a program to—
(b) Grants.—
(1) AUTHORITY.—As part of the program established under subsection (a), to the extent funds are made available through Acts of appropriation, the Secretary shall make multiyear grants to Indian Tribes and Indigenous communities for eligible activities described in paragraph (2).
(2) ELIGIBLE ACTIVITIES.—Grants under this subsection may be used for the following on Indian land and in Indigenous communities:
(B) Adaptation planning, vulnerability assessments, emergency preparedness planning, and monitoring.
(C) Capacity building through travel support for training, technical sessions, and cooperative management forums.
(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.
(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, and repair of infrastructure damaged by melting permafrost or coastal or river erosion and flooding.
(3) APPLICATIONS.—An Indian Tribe or Indigenous community 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 of the Interior, 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—
(d) Tribal resilience liaison.—The Secretary of the Interior shall establish a Tribal resilience liaison to—
(a) Establishment.—The Administrator shall make grants to eligible entities for the purposes of—
(b) Project proposals.—To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator a proposal for a living shoreline project that includes—
(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.
(2) CONSIDERATIONS.—In developing the 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 historical and projected 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 and storage;
(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—
(vii) protecting low-income communities, communities of color, Tribal communities, Indigenous communities, and rural communities;
(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, community engagement, planning, design, permitting, entry into negotiated indirect cost rate agreements, and construction;
(e) Monitoring and reporting.—For a length of time based on type of project and determined by the Administrator, 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—
(2) to monitor and collect data on 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;
(3) to make data collected under the project available on a publicly accessible website of the National Oceanic and Atmospheric Administration; and
(f) Authorization of appropriations.—There is authorized to be appropriated to the Administrator $50,000,000 for each of fiscal years 2022 through 2026 for purposes of carrying out this section.
(g) Definitions.—In this section, the following definitions apply:
(1) ELIGIBLE ENTITY.—The term “eligible entity” means any of the following:
(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” means a project that restores or stabilizes a shoreline using natural materials such as plants, sand, or rock that provides ecological benefits to coastal ecosystems and habitats in addition to shoreline protection; and incorporates as many natural elements as possible, such as native wetlands, kelp forests, submerged aquatic plants, corals, oyster shells, native grasses, shrubs, or trees.
(a) Living Shoreline and Nature-Based Infrastructure Research Program.—
(1) DEFINITION OF NATURE-BASED INFRASTRUCTURE.—In this section, the term “nature-based infrastructure” means a feature that is created by human design, engineering, and construction to provide risk reduction in coastal areas by acting in concert with natural processes.
(2) ESTABLISHMENT.—The Administrator shall make competitive research grants available focused on developing and assessing the effectiveness of innovative approaches to living shorelines and nature-based infrastructure and features for the purposes of—
(3) ELIGIBILITY.—To be eligible for a grant under this subsection, 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.
(4) RESEARCH PRIORITIES.—The Administrator shall award grants for projects which focus on the following:
(A) Assessments of installed living shoreline and nature-based infrastructure, as of the date of the enactment of this Act, for their effectiveness in addressing, if applicable—
(B) Novel approaches to nature-based infrastructure and living shorelines aimed at optimizing resilience to climate change, extreme weather, and ecosystem sustainability.
(5) REPORTS FOR INFORMING LIVING SHORELINE AND NATURE-BASED INFRASTRUCTURE PROJECT GRANTS.—Funded projects shall submit a summarized report of their findings at the conclusion of the grant to the Administrator to help inform the selection and prioritization of living shoreline and other nature-based infrastructure projects as described in section 1001 of this Act.
(6) ADDITIONAL AUTHORITIES.—The Administrator may use—
(A) the National Oceanographic Partnership Program established by section 8931 of title 10, United States Code, as a venue for collaboration and coordination to leverage partnerships between public institutions of higher education and Federal agencies;
(B) the Coastlines and People initiative under the National Science Foundation as a tool to use ongoing interdisciplinary research;
(b) Coastal science and assessment: competitive external research.—
(1) IN GENERAL.—The Administrator shall establish an annual competitive grants program that gives priority to interdisciplinary coastal resilience research and engagement projects that focus on developing and implementing scalable best practices for—
(C) determining societal, ecological, and resiliency benefits of coastal restoration and protection and natural, nature-based, and man-made infrastructure, and how these benefits affect the sustainability of coastal ecosystems and communities;
(D) volunteer and community-science monitoring of coastal and marine resources as part of efforts to protect coastal communities from sea level rise and other hazards;
(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;
(H) evaluating adaptation, protection, and restoration approaches to reduce risk, including through the use of natural, nature-based, and manmade features;
(I) minimizing costs associated with damages incurred from natural disasters, flooding, and sea level rise;
(J) developing and updating curriculum and other educational and development opportunities for programs in coastal conservation at public community colleges and within National Sea Grant college programs and universities to train the new coastal conservation workforce;
(2) 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.
(3) DEFINITIONS.—In this subsection, the following definitions apply:
(A) CRITICAL INFRASTRUCTURE.—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.
(c) Grants for recovering oysters.—
(1) ESTABLISHMENT.—The Administrator shall establish a grant program (in this subsection 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.
(2) APPLICATION.—To be eligible to receive a grant under this subsection, 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.
(3) ALLOCATION OF GRANT FUNDS.—
(A) IN GENERAL.—The Administrator may award a grant under the Program to eligible entities that submit an application under paragraph (2).
(B) MATCHING REQUIREMENT.—
(i) IN GENERAL.—Except as provided in clause (ii), 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 clause, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support.
(ii) WAIVER.—The Administrator may waive all or part of the requirement in clause (i) if the Administrator determines that no reasonable means are available through which an eligible entity applying for a grant under this subsection can meet such requirement and the probable benefit of such research project outweighs the public interest in such requirement.
(4) DEFINITIONS.—In this subsection, the following definitions apply:
(A) ELIGIBLE ENTITY.—The term “eligible entity” means a member of an institution of higher education, 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.
(B) HISTORIC BASELINE.—The term “historic baseline” means the estimated population of oysters in an estuary in 1850.
(C) 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.
(a) Definition of tidal shoreline refined.—Section 902 of the National Oceans and Coastal Security Act (16 U.S.C. 7501) is amended—
(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).
(b) Improvements to National Oceans and Coastal Security Fund.—
(1) DEPOSITS.—Section 904(b)(1) of such Act (16 U.S.C. 7503(b)(1)) is amended to read as follows:
(2) EXPENDITURES.—Section 904 of such Act (16 U.S.C. 7503) is amended by striking subsection (d) and inserting the following:
“(d) Expenditure.—Of the amounts deposited into the Fund for each fiscal year—
“(1) not less than $150,000,000 shall be used for the award of grants under subsection (b) of section 906;
“(2) not less than $50,000,000 shall be used for the award of grants under subsection (c) of such section;
(c) Eligible uses of the fund.—Section 905 of such Act (16 U.S.C. 7504) is amended to read as follows:
“(a) In general.—Amounts in the Fund may be allocated by the Administrator for grants under section 906(b) and the Foundation for grants under section 906(c) to support programs and activities intended to protect, conserve, restore, better understand, and utilize ocean and coastal resources and coastal infrastructure, including, where appropriate, scientific research, resiliency planning, implementation, and monitoring and spatial planning, data-sharing, and other programs and activities carried out in coordination with Federal and State departments or agencies, including the following:
“(1) Ocean, coastal, and Great Lakes restoration and protection, including efforts to address potential impacts of sea level change, sedimentation, erosion, changes in ocean chemistry, hurricanes and other extreme weather, flooding, and changes in ocean temperature to natural resources, communities, and coastal economies.
“(2) Restoration, protection, or maintenance of living ocean, coastal, and Great Lakes resources and their habitats, including habitats and ecosystems that provide blue carbon benefits.
“(3) Planning for and managing coastal development to enhance ecosystem and community integrity, or to minimize impacts from sea level change, hurricanes and other extreme weather, flooding, and coastal erosion.
“(4) Projects to address management, planning, or resiliency and readiness issues which are regional or interstate in scope, such as regional ocean partnerships or similar bodies.
“(5) Efforts that contribute to the understanding of ecological, economic, societal, and national security threats driven by changes to the oceans, coasts, and Great Lakes.
“(6) Efforts to preserve, protect, and collect data, including but not limited to public ocean and coastal data portals, that would support sustainable water-dependent commercial activities including commercial fishing, recreational fishing businesses, aquaculture, boat building, or other coastal-related businesses other marine-based recreational businesses and sustainable tourism.
“(7) Efforts to assist coastal States in repositioning, relocating or deploying natural or nature-based features to enhance the resiliency of critical coastal transportation, emergency response, water, electrical, and other infrastructure, that are already subject to or face increased future risks of hurricanes, coastal flooding, coastal erosion, or sea level change to ensure the economic security, safety, and ecological well-being of the coasts of the United States.
“(8) Acquisition of property or interests in property if—
“(B) the funds made available under this subtitle are used to acquire land or interest in land by purchase, exchange, or donation from a willing seller;
“(9) Protection and modification of critical coastal public infrastructure affected by erosion, hurricanes or other extreme weather, flooding, or sea level change.
“(10) Assistance for small businesses and communities that are dependent on coastal tourism as eligible efforts that help coastal economies minimize impacts from sea level rise and disasters.
“(11) Projects that use natural and nature-based approaches for enhancing the resiliency of wastewater and stormwater infrastructure as eligible critical infrastructure projects (as compared to just general water infrastructure, which can also include drinking water systems).
(d) Grants.—
(1) ADMINISTRATION.—Subsection (a)(1) of section 906 of such Act (16 U.S.C. 7505) is amended—
(C) in subparagraph (F), by striking “year if grants have been awarded in that year” and inserting “5 years”; and
(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 and Indian Tribes.—
“(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 percent of the funds are allocated equally among such coastal States and Tribes, with not less than 15 percent going to Indian Tribes.
“(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:
“(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
“(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.
“(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 (4), 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 does not submit the plan required by paragraph (4) or declines the funds distributed under this subsection, the funds that would have been allocated to the State or area shall be reallocated to carry out subsection (c) for the national grant program.”.
(3) NATIONAL GRANTS FOR OCEANS, COASTS, AND GREAT LAKES.—Subsection (c)(2) of such section is amended—
(e) Annual report.—Section 907 of the National Oceans and Coastal Security Act (16 U.S.C. 7506) is amended—
(f) Funding.—Section 908 of such Act (16 U.S.C. 7507) is amended to read as follows:
(a) Establishment.—The Administrator 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 Administrator in a time, place, and manner determined by the Administrator. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project.
(c) 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, the Office of Response and Restoration, and the Office of National Marine Sanctuaries.
(d) Eligible projects.—A proposal is eligible for a grant under 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 abandoned, lost, and discarded fishing gear, in coastal and marine habitats; or
(e) Priority.—In determining which projects to fund under this section, the Administrator shall give priority to a proposed project—
(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 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;
(f) Authorization of appropriations.—There is authorized to be appropriated to the Administrator $10,000,000,000 for fiscal year 2022 to carry out this section, to remain available until expended.
(a) Establishment of initiative.—The Chairman of the Council on Environmental Quality (in this section referred to as the “Chair”) 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, erosion, 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, nongovernmental organizations, State and local government representatives, Tribal leaders, Indigenous community representatives, climate adaptation professionals, institutions of higher education, and other relevant experts as appropriate.
(e) Report to Congress.—Not later than two years after the date of the 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—
(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, Tribal, Indigenous, 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 or redevelopment 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 postdisaster 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 maintain public infrastructure and to protect private property, including providing just compensation for any taking of private property;
(10) propose an application process, available online, and in hardcopy, for States, Tribes, 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 re-use planning and operations and maintenance requirements for vacated land, and identify the resources needed to prioritize public access, recreational and sustainable tourism spaces, or conservation areas;
(f) Development of report to Congress.—In developing the report required under subsection (e), the Chair shall—
(g) Climate change strategic relocation program pilot projects.—Within 2 years after the date of 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 3 years after the date of submission of the report under subsection (e), and every 3 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.
(a) In general.—The Administrator shall designate institutions of higher education, defined by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), as National Centers of Excellence in Coastal Resilience Research and Education (in this section referred to as “Centers of Excellence”).
(b) Purposes.—The purposes of such designations are the following:
(1) To recognize institutions of higher education that have exhibited national leadership in research and education in coastal climate change adaptation and mitigation.
(c) Criteria for designation.—The Administrator shall designate an institution of higher education as a Center of Excellence that—
(1) has demonstrated proven expertise in the physical, engineering, social, and environmental sciences, particularly research and education focused on the impacts of sea level rise, coastal flooding, storms, or shoreline erosion;
(3) is located in a State that frequently experiences coastal flooding or shoreline erosion in connection with sea level rise, severe coastal storms, or related pollution of ground water supplies;
(4) has previously partnered with, or is receiving funds from, Federal agencies for research on coastal flooding or shoreline erosion issues;
(d) Reviews and additional designs.—
(1) REVIEW OF REPORTS FROM NATIONAL CENTERS OF EXCELLENCE.—The Administrator shall review reports from National Centers of Excellence to ensure that recommendations and guidance of such Centers regarding sea level rise, coastal flooding, shoreline erosion, and related issues are communicated to relevant Federal agencies.
(a) In general.—Not later than four years after the date of the enactment of this Act, the Administrator 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 and changes to effective date of designations.—Section 304 of the National Marine Sanctuaries Act (16 U.S.C. 1434) is amended—
(1) in subsection (a)(6), by striking “the forty-five day period of continuous session of Congress beginning on the date of submission of the documents” and inserting “60-day period”;
(a) Establishment.—The Administrator shall establish a new grant program in the National Marine Sanctuary System to support climate research and resilience with indigenous and local knowledge of marine and natural areas.
(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 described in subsection (b) to carry out projects relating to the conservation, restoration, or management of kelp forest ecosystems.
(b) Eligible entity.—To be eligible for a grant under this section, an entity shall—
(1) be a member of the fishing industry, an academic community, a relevant nonprofit organization, a federally recognized Indian Tribe, or a relevant State agency;
(c) Eligible projects.—The Administrator shall award grants to eligible entities for projects that—
(d) Matching requirement.—
(1) IN GENERAL.—Except as provided in paragraph (2), 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 project for which a grant is 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.
(2) WAIVER.—The Administrator may waive all or part of the requirement in paragraph (1) 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 project outweighs the public interest in such requirement.
(e) Definitions.—In this section—
(1) the term “academic community” means faculty, researchers, professors, and representatives of State-accredited colleges and universities;
(3) the term “kelp forest ecosystem” means a naturally occurring, biotic system dominated by canopy forming benthic macroalgae and associated taxa; and
(4) 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.
(f) Authorization of appropriations.—There is authorized to be appropriated to the Administrator $50,000,000 for each of the fiscal years 2022 through 2026 to carry out this section.
(g) Sense of Congress.—It is the sense of Congress that the purposes of this section and the grants authorized by this section are to support wild kelp forest ecosystems and restoration of wild kelp to enable long term recovery of naturally functioning kelp forest ecosystems that do not involve commercial or mechanized harvesting.
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”;
(3) by inserting after subsection (a) the following:
“(b) Support for State and local vulnerability assessments and strategic research planning.—In carrying out the Program established under subsection (a), the Administrator shall collaborate with State, local, Indigenous, and Tribal government entities that are conducting or have completed vulnerability assessments, strategic research planning, or other similar activities related to ocean acidification and its impacts on coastal communities, for the purpose of—
Section 12404 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703) is amended by adding at the end the following:
“(d) Prize competitions.—
“(1) IN GENERAL.—Any Federal agency with a representative serving on the interagency working group established under this section may, either individually or in cooperation with 1 or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). An agency seeking to carry out such a program shall carry out such program in coordination with the chair of such interagency working group.
“(2) PURPOSES.—Any prize competition carried out under this subsection shall be for the purpose of stimulating innovation to advance our Nation’s ability to understand, research, or monitor ocean acidification or its impacts, or to develop management or adaptation options for responding to ocean acidification.
“(3) PRIORITY PROGRAMS.—Priority shall be given to establishing programs under this section that address communities, environments, or industries that are in distress due to the impacts of ocean acidification, including—
“(A) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship;
“(B) the development of adaptation options to alleviate economic harm and job loss caused by ocean acidification;
(a) Establishment.—Not later than one year after the date of the enactment of this Act, the Administrator shall designate organizations or consortia of organizations as National Centers of Excellence in Harmful Algal Bloom Research, Prevention, Response, and Mitigation.
(b) Purpose.—The purpose of the Centers is—
(2) to further understanding of the impacts of harmful algal blooms on public health, including the health of at-risk populations;
(4) to formalize and enhance existing partnerships and collaborations among institutions of higher education, research entities, local, State, Territorial, and Tribal agencies, Indigenous communities, regional observing associations, and the Federal Government;
(c) Eligibility for designations.—To be eligible for designation under this section, an organization must—
(1) be an institution of higher education, as that term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), a Federal, State, Territorial, or Tribal agency, a nonprofit laboratory or other research entity, a regional information coordination entity as defined in the Integrated Coastal and Ocean Observation System Act of 2009 (Public Law 111–11), the National Centers for Coastal Ocean Sciences, or a consortium of such eligible institutions;
(2) have demonstrated expertise and success in harmful algal bloom research, monitoring, forecasting, prevention, or response efforts;
(d) Requirements for designations.—In designating National Centers of Excellence under this section, the Administrator shall—
(2) ensure regional balance by designating National Centers in a variety of locations throughout the United States, including the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and other Territories and possessions of the United States; and
(e) Effective period, review, and renewal.—Each designation of an organization as a National Center of Excellence under this section—
(f) Annual reports.—The Administrator shall require and publish an annual activity report from each National Center of Excellence.
(g) Authorization of Appropriations.—To carry out this section, including for providing funding to National Centers of Excellence designated under this section, there is authorized to be appropriated to the National Oceanic and Atmospheric Administration $12,500,000 for each of fiscal years 2022 through 2026, of which not more than 5 percent may be available each fiscal year for administrative expenses.
The purposes of this subtitle are as follows:
(1) To complement and expand cooperative voluntary efforts intended to manage, conserve, and restore ocean and coastal areas spanning across multiple State boundaries.
(2) To expand Federal support for monitoring, data management, and restoration activities in ocean and coastal areas.
(3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, all coastal ecosystems.
(4) To authorize regional ocean partnerships as intergovernmental coordinators for shared interstate, Tribal, Indigenous, and regional priorities relating to the collaborative management of the large marine ecosystems, thereby reducing duplication of efforts and maximizing opportunities to leverage support in the ocean and coastal regions.
(6) To incorporate Tribal interests in the management of our oceans and coasts and provide funding to support Tribal and Indigenous ocean and coastal resiliency activities in coordination with regional ocean partnerships.
(7) To enable regional ocean partnerships, or designated fiscal management entities of such partnerships, to receive Federal funding to conduct the scientific research, conservation and restoration activities, and priority coordination on shared regional priorities necessary to achieve the purposes described in paragraphs (1) through (4).
(a) Definitions.—In this section, the following definitions apply:
(1) COASTAL STATE.—The term “coastal State” has the meaning given that term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(2) 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).
(b) Regional ocean partnerships.—
(1) IN GENERAL.—A coastal State or Tribe may participate in a regional ocean partnership with one or more other coastal States or Tribes that share a common ocean or coastal area with the coastal State or Tribe, without regard to whether the coastal States or Tribes are contiguous.
(2) APPLICATION.—The Governors of a group of two or more coastal States and Tribal leadership, as applicable, may apply to the Administrator on behalf of a partnership of such States, for the partnership to receive designation as a regional ocean partnership if the partnership—
(3) REQUIREMENTS.—A partnership is eligible for designation as a regional ocean partnership by the Administrator under paragraph (2) if the partnership—
(B) focuses on the environmental issues affecting the ocean and coastal areas of the members participating in the partnership;
(c) Governing bodies of regional ocean partnerships.—
(1) IN GENERAL.—A regional ocean partnership designated under subsection (b) shall be governed by a governing body.
(d) Functions.—A regional ocean partnership designated under subsection (b) may perform the following functions:
(1) Promote coordination of the actions of the agencies of coastal States participating in the partnership with the actions of the appropriate officials of Federal agencies and State and Tribal governments and Regional Fishery Management Councils in developing strategies—
(2) In cooperation with appropriate Federal and State agencies, Tribal governments, and local authorities, develop and implement specific action plans to carry out coordination goals.
(3) Coordinate and implement priority plans and projects, and facilitate science, research, modeling, monitoring, data collection, management and sharing, and other activities that support the goals of the partnership through the provision of grants and contracts under subsection (f).
(4) Engage, coordinate, and collaborate with relevant governmental entities and stakeholders to address ocean and coastal related matters that require interagency or intergovernmental solutions.
(5) Implement engagement programs for public information, education, and participation to foster stewardship of the resources of the ocean and coastal areas, as relevant.
(e) Consultation and engagement.—A regional ocean partnership designated under subsection (b) shall maintain mechanisms for consultation with Federal and Tribal governments, as well as engagement with nongovernmental entities, including academic organizations, nonprofit organizations, and businesses.
(f) Grants and contracts.—
(1) IN GENERAL.—A regional ocean partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency—
(3) PURPOSES.—The purposes described in paragraph (1)(A) include any of the following:
(A) Monitoring the water quality and living resources of multistate ocean and coastal ecosystems and to coastal communities.
(g) Reports and assessments.—
(1) IN GENERAL.—Not later than five years after the date of the enactment of this Act, and every 5 years thereafter until 2040, the Administrator, in coordination with the regional ocean partnerships designated under subsection (b), shall—
(2) REPORT REQUIREMENTS.—The report required under paragraph (1)(B) shall include the following:
(A) An assessment of the overall status of the work of the regional ocean partnerships designated under subsection (b).
(B) An assessment of the effectiveness of the strategies that the regional ocean partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by such partnerships are being met through such strategies.
(C) Such recommendations as the Administrator may have for the improvement of efforts of the regional ocean partnerships to support the purposes of this Act.
(h) Availability of federal funds.—In addition to amounts made available to regional ocean partnerships designated under subsection (b) by the Administrator under this section, the head of any other Federal agency may provide grants to, enter into contracts with, or otherwise provide funding to such partnerships.
(i) Authorities.—Nothing in this section establishes any new legal or regulatory authority of the National Oceanic and Atmospheric Administration or of the regional ocean partnerships designated under subsection (b), other than—
(j) Funding.—
(1) REGIONAL OCEAN PARTNERSHIPS.—There are authorized to be appropriated to the National Oceanic and Atmospheric Administration the following amounts for regional ocean partnerships designated under subsection (b) or designated fiscal management entities of such partnerships to carry out activities of the partnerships under this Act:
(2) DISTRIBUTION OF AMOUNTS.—Amounts made available under paragraph (1) shall be divided evenly among the regional ocean partnerships designated under subsection (b).
(3) TRIBAL CONSULTATION.—There are authorized to be appropriated $2,000,000 for each fiscal year 2022 through 2026 to the National Oceanic and Atmospheric Administration for Indian Tribes and Indigenous communities to be distributed for purposes of participation in or engagement with the regional ocean partnerships.
(a) In general.—The Administrator shall, in consultation with other Federal agencies, develop within the National Oceanic and Atmospheric Administration a comprehensive suite of coastal flood, sea level rise, Great Lakes bathymetry water level, and vertical land motion data, products, and services, and conduct the research and development necessary to support those products and services that—
(1) augment existing capacities and combine existing observations, modeling, predictions, products and services into a coordinated decision-support framework;
(2) produce and maintain authoritative and timely data, maps, and information services, including improving existing and new information products and services targeted to end-user needs, that allow coastal communities across the United States to plan for present and future coastal flood risk; and
(3) engage with, ensure accessibility by, and provide technical assistance to, end users, with particular attention to historically underserved and at-risk communities and populations, and also including other Federal agencies, regional ocean partnerships, States, local governments, Tribal Governments, and Indigenous communities on the appropriate application of these data and tools and to better assess information gaps, needs, and solutions relating to the risk posed by coastal flooding, including sea level rise.
(b) Data archiving.—The National Oceanic and Atmospheric Administration shall make data and metadata generated under this Act fully and openly available, in accordance with the Federal Evidence-Based Policy Making Act, to maximize distribution, access, and effective utilization of these important national assets. The National Oceanic and Atmospheric Administration shall serve as the archive authority and stewardship partner for this data and conduct activities to assure maximum return on investment for this important national asset.
(c) Use of existing advisory committees.—The Administrator may consult with and seek input from existing agency advisory committees to provide recommendations on systems, products, and services relating to coastal flooding, including sea level rise.
(d) Technical assistance to other federal agencies.—To assist in carrying out this Act and to facilitate collaboration, the National Oceanic and Atmospheric Administration may provide technical assistance to other Federal agencies on a reimbursable or nonreimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of National Oceanic and Atmospheric Administration to such other Federal agency.
(e) International engagement.—The Administrator, in coordination with the Secretary of State, may engage internationally to provide and receive technical assistance, data-sharing and capacity building on matters pertaining to coastal flooding, sea level rise and inundation, including participating in and on relevant international bodies and organizations.
(f) Report.—The Administrator shall, within one year after the date of the enactment of this Act and every 3 years thereafter, provide the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with a report on actions taken to implement this Act and containing an evaluation of the need to expand and improve agency observations, modeling, predictions, products, and services to—
(a) In general.—The Director of the Office of Science and Technology Policy, in consultation with the Administrator, shall—
(b) Coastal flooding and sea level rise subcommittee.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the President, acting through the appropriate interagency committee or task force, shall establish an interagency subcommittee on coastal flooding and sea level rise (subsequently referred to as the “subcommittee”).
(2) PURPOSES.—The subcommittee shall—
(A) examine the latest science and technologies for measuring, predicting, and delivering information related to coastal flood risk, including sea level rise;
(B) coordinate executive branch actions and activities that improve measurements, predictions, and service delivery of information related to coastal flood risk, including sea level rise;
(C) identify gaps in observations, data, information, and modeling and ensure agency activities are complementary;
(D) consult and coordinate with other interagency climate and ocean policy efforts and bodies as appropriate;
(3) LEADERSHIP.—The Subcommittee shall be co-chaired by the Director of the Office of Science and Technology Policy and the Administrator.
(5) AGREEMENTS.—
(A) IN GENERAL.—To carry out activities under this Act, the heads of agencies represented on the subcommittee may enter into cooperative agreements, or any other agreement with each other, and transfer, receive, and expend funds made available by any Federal agency, any State or subdivision thereof, or any public or private organization or individual.
(B) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.—The Administrator of the National Aeronautics and Space Administration and the Administrator shall enter into one or more interagency agreements providing for cooperation and collaboration in the development of sea level rise and coastal flood-related instruments, technologies, and data sets, and products in accordance with this Act.
(C) UNITED STATES GEOLOGICAL SURVEY AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.—The Director of the United States Geological Survey and the Administrator of the National Oceanic and Atmospheric Administration shall enter into one or more interagency agreements providing for cooperation and collaboration in the development, quality control, processing, and delivery of coastal hazards and sea level rise related data, modeling, mapping, and services in accordance with this Act.
(6) INTERNATIONAL, ACADEMIC COMMUNITY, AND COMMERCIAL SECTOR COLLABORATION.—Each Federal agency participating in the subcommittee established under this subsection shall, to the extent practicable, increase engagement and cooperation with the international community, academic community, and commercial sector on the observational infrastructure, data, scientific research, service delivery, and technical assistance necessary to advance the monitoring, forecasting, and prediction of, preparation for, and protection from coastal flooding, sea level rise, changing Great Lakes water levels, and land subsidence.
(a) Centralized website.—Not later than six months after the date of the enactment of this subsection, the Administrator shall establish and maintain and regularly update a publicly available website that includes—
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 Administrator:
(a) Application.—The monitoring, reporting, and verification requirements of this section shall apply to all vessels of 5,000 gross tons or more calling at, leaving, or transiting between, or at berth at, ports in the United States, regardless of flag.
(b) Vessel reporting.—A vessel shall measure and monitor on a per-voyage basis, and report to the Administrator and to the vessel’s flag-state on an annual basis, the following metrics:
(c) Acceptable Methods For Measuring, Monitoring, And Reporting.—
(1) IN GENERAL.—The Administrator shall develop a list of acceptable methods for measuring, monitoring, and reporting metrics listed in subsection (b).
(d) Annual report by the administrator.—The Administrator, in consultation with the Administrator of the Environmental Protection Agency and Commandant of the Coast Guard, shall publish an annual report on emissions from vessels covered under this section, including the underlying data, accompanied by an explanation intended to facilitate public understanding of the vessel shipping sector’s CO2 emissions and energy efficiency.
(a) Findings.—The Congress finds the following:
(1) 49 marine mammal species are considered depleted under the Marine Mammal Protection Act of 1972, and of those species, 42 are listed as threatened or endangered under the Endangered Species Act of 1973.
(3) Hundreds of threatened and endangered marine mammals, including North Atlantic right whales and blue whales, die from vessel strikes each year.
(4) Background ambient noise levels have increased significantly since the 1950s and can be attributed to vessel noise, impeding foraging, breeding, communication, and other behaviors of marine animals, including of threatened species and endangered species.
(b) Establishment.—Not later than 12 months after the date of the enactment of this Act, the Administrator, in consultation with the Administrator of the EPA and Commandant of the United States Coast Guard, shall establish the Quiet Seas and Clear Skies Program (in this section referred to as the “Program”) to—
(c) Program requirements.—The Administrator shall develop and publish in the Federal Register requirements for voluntary participation in the Program by eligible shipping companies, including the following:
(1) PROGRAM AREA.—Geographic areas covered by the Program shall include all waters of the United States Exclusive Economic Zone.
(2) FLEET REQUIREMENT.—At least 75 percent of eligible vessels operated by a shipping company shall participate and be in compliance with paragraph (3) in order to be eligible for an Award under subsection (d).
(3) SPEED LIMITS.—The Administrator shall, based upon the best available scientific information and consultation with the Commandant of the Coast Guard, and input from shipping companies and experts in air quality and marine mammal conservation, prescribe maximum speeds for eligible vessels participating in the Program, except when directed by the Coast Guard to proceed in excess of the speed requirements of the Program for safety purposes, that would—
(d) Annual awards.—Under the Program, the Director of National Marine Sanctuaries shall annually award Quiet Seas and Clear Skies Excellence Awards to shipping companies operating fleets that have participated in, and complied with the requirements of, the Program during the preceding year.
(e) Official seal.—The Administrator shall create an official seal to be recognized as the symbol of excellence in compliance with the Program, that—
(a) In general.—Chapter 32 of subtitle D of the Internal Revenue Code of 1986 is amended by adding after subchapter D the following new chapter:
“SEC. 4191. Imposition of tax.
“(a) In general.—There is hereby imposed a virgin plastic excise tax on the manufacturer, producer, or importer of a covered item.
“(b) Amount of tax.—
“(1) IN GENERAL.—The virgin plastic excise tax imposed by subsection (a) is $0.05 per pound of virgin plastic.
“(c) Regulations.—The Secretary shall issue such regulations or other guidance, including regulations or guidance for the determination of the amount of virgin plastic in a covered item, as may be necessary or appropriate to carry out the purposes of this section.
“(d) Definitions.—For purposes of this section:
“(1) COVERED ITEM.—The term ‘covered item’ means a single-use plastic product made in part or whole of virgin plastic, except—
“(A) a medical product that the Secretary of Health and Human Services determines needs to be made of virgin plastic for public health or the health of the user;
“(2) PACKAGING.—The term ‘packaging’ means a package, container, packing materials, or other material used for the containment, protection, handling, delivery, and presentation of goods.
(b) International negotiations.—Congress finds the international mitigation of virgin, single-use plastics to be of national importance. Therefore, Congress encourages the United States Trade Representative and the Secretary of State, as appropriate, to engage in negotiations with other nations with the goal of forming treaties, environmental agreements, accords, partnerships, or any other instrument that—
(a) In general.—Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following:
“SEC. 9512. Virgin Plastic Trust Fund.
“(a) Establishment and funding.—There is hereby established in the Treasury of the United States a trust fund to be known as the ‘Virgin Plastic Trust Fund’, consisting of such amounts as may be appropriated to such trust fund.
“(b) Transfer to Virgin Plastic Trust Fund of amounts equivalent to certain taxes.—There are hereby appropriated to the Virgin Plastic Trust Fund amounts equivalent to the taxes received in the Treasury under section 4191 (relating to virgin plastic excise tax).
“(c) Expenditures from Virgin Plastic Trust Fund.—The following amounts in the Virgin Plastic Trust Fund are authorized to be appropriated each fiscal beginning after the date of the enactment of the Ocean-Based Climate Solutions Act of 2022.
Not later than 90 days after the date of the enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academies to conduct a comprehensive assessment of the environmental impacts of deep seabed mining, including—
(2) assessment of potential impacts to deep seabed habitat and species from exploratory or extractive activities;
Not later than 90 days after the date of the enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academies to conduct a comprehensive assessment of oceanic blue carbon, including—
(1) the impacts of marine species decline on carbon sequestration potential in ocean ecosystems, an estimate of the global carbon dioxide mitigation potential of protecting or recovering populations of fish and marine mammals, and the ecological considerations of such conservation strategies;
(2) an analysis of the geologic stores of carbon and deep sea storage of dissolved carbon in the deep seafloor environment, including current and potential natural long-term carbon storage, identification of gaps in scientific understanding, observations, and data regarding such geologic and deep sea carbon storage; and
(a) In general.—Not later than one year after the date of the enactment of this Act, the Administrator, in coordination with the Secretary of State, shall seek to enter into an agreement with the National Academies under which the National Academies shall—
(1) study the challenges and opportunities associated with implementing a global moratorium on high seas commercial fishing;
(2) evaluate the ecological, social, and economic effects of a global moratorium on high seas commercial fishing, including establishment of ecological baselines required to also estimate changes in biodiversity;
(3) estimate the scope and volume of illegal, unregulated, and unreported fishing occurring on the high seas fishing;
(b) Elements.—The study and evaluation conducted pursuant to the agreement entered into under subsection (a) shall address—
(1) the feasibility of implementing a global moratorium on high seas commercial fishing, including—
(A) legal authorities that exist under the United Nations Convention on the Law of the Sea and other implementation instruments to implement a moratorium on high seas commercial fishing;
(2) the range of effects that would be expected to result from a moratorium on high seas commercial fishing, including—
(A) identification of fish stocks that would be affected, changes in exploitation of those stocks, and net effect on the biomass of those stocks;
(B) ecosystem effects on nontarget species, including marketable and nonmarketable bycatch, forage species, corals, other invertebrates, marine mammals, seabirds, and sea turtles;
(C) changes in global carbon emissions from reduced fishing vessel transits and from increased fish carbon capture and improved high seas ecosystem functioning;
(D) amounts of subsidies that support high seas commercial fishing by the top 12 nations that currently conduct high seas fishing by volume;
(E) effects on global fisheries revenues and profits overall and the effects on fisheries revenues, profits, and jobs for developing nations;
(c) Report.—
(1) IN GENERAL.—The agreement entered into under subsection (a) shall require the National Academies to submit to the Secretary of Commerce, not later than two years after entering into the agreement, a report that describes the results of the study and evaluation conducted pursuant to the agreement.
Not later than 90 days after the date of the enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academies to conduct a comprehensive assessment on public access to the Nation’s coasts, including the Great Lakes’ coasts. The assessment shall include—
(1) an analysis of the existing quantity and quality of public access points to the coasts by State, including both recreational and commercial (“working waterfront”) access;
(2) opportunities and barriers faced by low income communities, communities of color, Tribal communities, Indigenous communities, and rural communities for access to the coasts;
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Administrator shall make appropriate arrangements with the National Academies under which the National Academies shall conduct a study that—
(1) examines the existing science of acidification in coastal environments, including in the Great Lakes;
(2) examines the challenges to studying acidification and the combined effect of acidification and other environment stressors in coastal environments;
(b) Contents of study.—The study conducted under subsection (a) shall include—
(2) the interactions of the carbonate system with other biotic and abiotic characteristics of coastal ecosystems;
(3) how environmental and anthropogenic changes or disturbances, such as nutrient runoff and water pollution, could affect biotic and abiotic processes within coastal ecosystems;
(4) how coastal biotic and abiotic processes will be affected under predicted environmental changes;
(5) the current state of data collection, interpretation, storage, and retrieval and observational infrastructure of biotic and abiotic parameters in coastal ecosystems;
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Administrator and the Secretary of Interior shall make appropriate arrangements with the National Academies under which the National Academies shall conduct a study that—
(a) In general.—The Administrator, in consultation with the Secretary of State and the Secretary of the Interior, shall—
(1) update the National Marine Protection Areas Centers Marine Protected Area Inventory to include—
(A) an inventory of areas already protected 10 withing the Exclusive Economic Zone of the United States;
(2) create an inventory of marine areas to include—
(A) 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; and
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Administrator, in coordination with relevant Federal, State, and Tribal agencies, shall develop a strategy for the United States to initiative a living marine biodiversity census.
(b) Requirements.—The requirements of this subsection are that the strategy shall—
(1) identify what is needed to develop a coordinated, sustained marine biodiversity observation and research program to identify and monitor the diversity, abundance, and distribution of marine species; how it is changing; and how it impacts ecosystem function and services;
(2) identify existing infrastructure and programs, such as the Marine Biodiversity Observation Network, and how they can be utilized and expanded as part of a marine biodiversity census, that includes a coordinated data infrastructure;
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce and 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—
(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 the Secretary of the Interior shall publish a report on candidate areas for protection and conservation, and on progress for advancing protection of habitats, species, and biodiversity identified in the gap analysis required by subsection (a) and is also informed by the Marine Biodiversity Census described in section 1408.
Union Calendar No. 511 | |||||
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[Report No. 117–695, Part I] | |||||
A BILL | |||||
To direct the Administrator of the National Oceanic and Atmospheric Administration to provide for ocean-based climate solutions to reduce carbon emissions and global warming; to make coastal communities more resilient; and to provide for the conservation and restoration of ocean and coastal habitats, biodiversity, and marine mammal and fish populations; and for other purposes. | |||||
December 30, 2022 | |||||
Reported from the Committee on Natural Resources with an amendment | |||||
December 30, 2022 | |||||
Committees on Science, Space, and Technology, House Administration, Ways and Means, Transportation and Infrastructure, Foreign Affairs, and Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |