118th CONGRESS 2d Session |
To support rural coastal and maritime economic development, and for other purposes.
February 8 (legislative day, February 7), 2024
Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Finance
To support rural coastal and maritime economic development, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “Working Waterfronts Act of 2024”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Credit for maintaining and enhancing hydroelectric facilities.
Sec. 102. Transition to alternative fuel commercial fishing vessels.
Sec. 201. Department of Agriculture loans and grants for fishing and mariculture businesses.
Sec. 202. Extension of credit to businesses providing services to producers or harvesters of aquatic products.
Sec. 203. Shellfish mariculture under the national harmful algal bloom and hypoxia program.
Sec. 204. Allocation of funds under Saltonstall-Kennedy Act.
Sec. 205. Electronic Monitoring Innovation Prize.
Sec. 301. Definitions.
Sec. 302. Action plan and identification of coastal communities.
Sec. 303. Grants and cooperative agreements to support rural seafood processing and cold storage.
Sec. 304. Authorization of appropriations.
Sec. 311. Working waterfront access protection grant program.
Sec. 401. Maritime workforce grant program.
Sec. 402. Safety standards for certain fishing vessels.
Sec. 501. Definitions.
Sec. 502. Ocean Innovation Clusters.
Sec. 503. Grants for Ocean Innovation Clusters.
Sec. 511. Definitions.
Sec. 512. Interagency Working Group on Vegetated Coastal Ecosystems and Great Lakes ecosystems.
Sec. 513. National-level map and inventory of vegetated coastal ecosystems and Great Lakes ecosystems.
Sec. 514. Grants for pilot projects and research on coastal natural infrastructure in cold climates.
Sec. 521. Definitions in Federal Ocean Acidification Research And Monitoring Act of 2009.
Sec. 522. Improvement of collaboration on ocean acidification.
Sec. 523. Technical corrections.
Sec. 531. Transfer of, and amendments to, the Coastal Aquatic Invasive Species Mitigation Grant Program and mitigation fund.
(a) In general.—Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48E the following new section:
“SEC. 48F. Credit for maintaining and enhancing hydroelectric facilities.
“(a) In general.—For purposes of section 46, the credit for maintaining and enhancing hydroelectric facilities for any taxable year is an amount equal to 30 percent of the basis of any hydropower improvement property placed in service during such taxable year.
“(b) Certain progress expenditure rules made applicable.—Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a).
“(c) Hydropower improvement property.—In this section, the term ‘hydropower improvement property’ means property which—
“(1) adds or improves fish passage at a qualified dam,
“(2) maintains or improves the quality of the water retained or released by a qualified dam,
“(3) promotes downstream sediment transport processes and habitat maintenance with respect to a qualified dam,
“(4) is part of a marine energy technology project or a marine energy project, or
“(5) places into service an approved remote dam.
“(d) Other definitions.—In this section—
“(1) APPROVED REMOTE DAM.—The term ‘approved remote dam’ means—
“(A) a hydroelectric dam which—
“(i) exclusively services communities not interconnected to the Electric Reliability Council of Texas, the Eastern Interconnection, or the Western Interconnection,
“(ii) does not contribute to atmosphere pollution, and
“(iii) has a maximum net output of not greater than 40 megawatts, and
“(B) any interconnection property associated with a dam described in subparagraph (A).
“(2) COMMISSION.—The term ‘Commission’ means the Federal Energy Regulatory Commission.
“(3) FISH PASSAGE.—The term ‘fish passage’ means, with respect to any qualified dam, any new or upgraded turbine, fishway, or other fish passage technology which improves fish migration and survival rates.
“(4) INTERCONNECTION PROPERTY.—The term ‘interconnection property’ means any tangible property—
“(A) (i) with respect to any dam described in paragraph (1)(A), to enable the delivery of electricity from such dam to any customer, or
“(ii) with respect to any project described paragraph (5)(A) or (6)(A), to enable the delivery of electricity from such project to any customer, and
“(B) which satisfies the requirements under clauses (ii) and (iii) of section 48(a)(8)(B).
“(5) MARINE ENERGY PROJECT.—The term ‘marine energy project’ means—
“(A) a project which produces electricity from—
“(i) waves, tides, and currents in oceans, estuaries, and tidal areas,
“(ii) free flowing water in rivers, lakes, streams, and man-made channels,
“(iii) differentials in salinity and pressure gradients, or
“(iv) differentials in water temperature, including ocean thermal energy conversion, and
“(B) any interconnection property associated with a project described in subparagraph (A).
“(6) MARINE ENERGY TECHNOLOGY PROJECT.—The term ‘marine energy technology project’ means—
“(A) a project which the Commission determines—
“(i) will produce electricity from a generator that converts the potential energy of flowing water,
“(ii) will utilize a generating technology that is not in widespread, utility scale use in the United States as of the date of enactment of this section,
“(iii) will not be, based on information available to the Commission, likely to jeopardize the continued existence of any species listed as a threatened species or an endangered species under the Endangered Species Act of 1973, and
“(iv) will not be, based on information available to the Commission, likely to result in the destruction or adverse modification of an area designated as critical habitat for any species listed as a threatened species or an endangered species under such Act, and
“(B) any interconnection property associated with a project described in subparagraph (A).
“(7) QUALIFIED DAM.—The term ‘qualified dam’ means a hydroelectric dam that is licensed by the Commission or legally operating without such a license before the date of enactment of this section.”.
(b) Elective payment and transfer of credit.—
(1) ELECTIVE PAYMENT.—Section 6417 of the Internal Revenue Code of 1986 is amended—
(A) in subsection (b), by adding at the end the following:
“(13) The credit for maintaining and enhancing hydroelectric facilities under section 48F.”, and
(i) in subparagraph (E), by striking “(C), or (D)” each place it appears and inserting “(C), (D), or (E)”,
(ii) by redesignating subparagraph (E) (as amended by clause (i)) as subparagraph (F), and
(iii) by inserting after subparagraph (D) the following:
“(E) ELECTION WITH RESPECT TO CREDIT FOR MAINTAINING AND ENHANCING HYDROELECTRIC FACILITIES.—If a taxpayer other than an entity described in subparagraph (A) makes an election under this subparagraph with respect to any taxable year in which such taxpayer has, after December 31, 2022, placed in service hydropower improvement property (as defined in section 48F(c)), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(13).”.
(2) TRANSFER.—Section 6418(f)(1)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following:
“(xii) The credit for maintaining and enhancing hydroelectric facilities under section 48F.”.
(1) Section 46 of the Internal Revenue Code of 1986 is amended—
(A) in paragraph (6), by striking “and” at the end,
(B) in paragraph (7), by striking the period at the end and inserting “, and”, and
(C) by adding at the end the following:
“(8) the credit for maintaining and enhancing hydroelectric facilities.”.
(2) Section 49(a)(1)(C) of such Code is amended—
(A) in clause (vii), by striking “and” at the end,
(B) in clause (viii), by striking the period at the end and inserting “, and”, and
(C) by adding at the end the following:
“(ix) the basis of any hydropower improvement property under section 48F.”.
(3) Section 50 of such Code is amended—
(A) in subsection (a)(2)(E), as amended by section 13702(b) of Public Law 117–169, by striking “or 48E(e)” and inserting “48E(e), or 48F(b)”, and
(i) in the matter preceding subparagraph (A), by inserting “or any hydropower improvement property (as defined in section 48F(c))” after “any energy storage technology (as defined in section 48(c)(6))”, and
(ii) in subparagraph (B), by striking “energy storage technology” each place it appears and inserting “energy storage technology or hydropower improvement property”.
(4) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48E the following new item:
“Sec. 48F. Credit for maintaining and enhancing hydroelectric facilities.”.
(d) Effective date.—The amendments made by this section shall apply to property placed in service after December 31, 2022.
(a) Definitions.—In this section:
(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.
(2) ALTERNATIVE FUEL COMMERCIAL FISHING VESSEL.—The term “alternative fuel commercial fishing vessel” means a commercial fishing vessel that runs on an energy source other than an energy source that is exclusively derived from petroleum, which may include a hybrid energy source.
(3) COMMERCIAL FISHING VESSEL.—The term “commercial fishing vessel” has the meaning given that term in section 2101 of title 46, United States Code.
(4) NECESSARY SHORESIDE INFRASTRUCTURE.—The term “necessary shoreside infrastructure” means shoreside infrastructure necessary to facilitate the transition of commercial fishing vessels to alternative fuel commercial fishing vessels, which may include charging stations for electric alternative fuel commercial fishing vessels and refueling stations for alternative fuel commercial fishing vessels.
(5) PILOT PROGRAM.—The term “pilot program” means the pilot program established under subsection (b)(1).
(1) ESTABLISHMENT.—Not later than 1 year after the date of the enactment of this Act, the Administrator, in consultation with the Commandant of the Coast Guard, shall establish a pilot program to facilitate the transition of United States-flagged commercial fishing vessels to alternative fuel commercial fishing vessels.
(2) USE OF FUNDS.—In carrying out the pilot program, the Administrator may make loans—
(A) to facilitate the transition from commercial fishing vessels using energy sources exclusively derived from petroleum to alternative fuel commercial fishing vessels, which may include loans for the building of new alternative fuel commercial fishing vessels or retrofitting existing commercial fishing vessels into alternative fuel commercial fishing vessels; and
(B) for research and development of alternative fuel technologies for commercial fishing vessels and necessary shoreside infrastructure.
(3) REGULATIONS.—Not later than 180 days after the date of the enactment of this Act, the Administrator and the Commandant of the Coast Guard shall each promulgate regulations necessary for the implementation of the pilot program.
(c) Study.—Not later than 2 years after the date of the enactment of this Act, the Administrator, jointly with the Commandant of the Coast Guard, shall carry out, and submit to Congress a report describing the results of, a study on—
(1) methods to further develop alternative fuels for use with commercial fishing vessels;
(2) how to improve existing alternative fuel technologies in commercial fishing vessels;
(3) the fuel sources available for commercial fishing vessels, and the limitations of those fuel sources; and
(4) opportunities for the use of hybrid technologies in commercial fishing vessels.
(d) Authorizations of appropriations.—
(1) IN GENERAL.—There is authorized to be appropriated to the Administrator $20,000,000 for each of fiscal years 2025 through 2029 to carry out subsection (b).
(2) ALLOCATION OF FUNDING.—Of the amounts made available under paragraph (1) for each fiscal year—
(A) not less than $10,000,000 shall be used to make loans described in subsection (b)(2)(A); and
(B) not less than $10,000,000 shall be used to make loans described in subsection (b)(2)(B).
(a) Definitions of farmer and farming.—Section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)) is amended—
(1) in paragraph (1), by striking “farming.” and inserting “farming, commercial fishing, or fish processing.”;
(2) in paragraph (2), by striking “farming.” and inserting “farming, commercial fishing, and fish processing.”; and
(3) by adding at the end the following:
“(14) COMMERCIAL FISHING.—The term ‘commercial fishing’ means fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter, or trade.
“(15) COMMERCIAL FISHING VESSEL.—The term ‘commercial fishing vessel’ means a fishing vessel and a fish processing vessel (as those terms are defined in section 2101 of title 46, United States Code).
“(16) FISH.—The term ‘fish’ has the meaning given the term in section 2101 of title 46, United States Code.
“(17) FISH PROCESSING.—The term ‘fish processing’ means the processing of fish for commercial use or consumption.
“(18) FISH PROCESSING FACILITY.—The term ‘fish processing facility’ means a facility or vessel, boat, ship, or other craft used or equipped for fish processing.”.
(1) ELIGIBILITY.—Section 302(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)) is amended by adding at the end the following:
“(3) ELIGIBILITY OF WILD-CAUGHT FISH AND SHELLFISH.—For purposes of direct and guaranteed farm loans under this subtitle—
“(A) the terms ‘farmer’ and ‘rancher’ shall include an individual or entity engaged in commercial fishing or fish processing; and
“(B) the terms ‘farm’ and ‘ranch’ shall include—
“(i) a commercial fishing vessel; and
“(ii) a fish processing facility.”.
(2) PURPOSES.—Section 303(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1923(a)) is amended by adding at the end the following:
“(3) COMMERCIAL FISHERY PARTICIPANTS; FISH PROCESSORS.—
“(A) COMMERCIAL FISHERY PARTICIPANTS.—An individual or entity engaged in commercial fishing may use a direct or guaranteed loan under this subtitle for—
“(i) acquiring a commercial fishing permit; and
“(ii) acquiring, operating, and maintaining a commercial fishing vessel.
“(B) FISH PROCESSORS.—An individual or entity engaged in fish processing may use a direct or guaranteed loan under this subtitle for acquiring, operating, and maintaining a fish processing facility.”.
(1) ELIGIBILITY.—Section 311(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(a)) is amended by adding at the end the following:
“(3) ELIGIBILITY OF WILD-CAUGHT FISH AND SHELLFISH.—For purposes of direct and guaranteed farm loans under this subtitle—
“(A) the terms ‘farmer’ and ‘rancher’ shall include an individual or entity engaged in commercial fishing or fish processing; and
“(B) the terms ‘farm’ and ‘ranch’ shall include—
“(i) a commercial fishing vessel; and
“(ii) a fish processing facility.”.
(2) PURPOSES.—Section 312 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1942) is amended by adding at the end the following:
“(f) Commercial fishery participants; fish processors.—
“(1) COMMERCIAL FISHERY PARTICIPANTS.—An individual or entity engaged in commercial fishing may use a direct or guaranteed loan under this subtitle for acquiring, operating, and maintaining a commercial fishing vessel.
“(2) FISH PROCESSORS.—An individual or entity engaged in fish processing may use a direct or guaranteed loan under this subtitle for acquiring, operating, and maintaining a fish processing facility.”.
(d) Farmers' markets and local food promotion program.—Section 210A(d)(6) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c(d)(6)) is amended by adding at the end the following:
“(F) ELIGIBILITY OF WILD-CAUGHT FISH AND SHELLFISH.—For purposes of this paragraph—
“(i) an agricultural commodity or product described in subsection (a)(12) shall include fish (as defined in section 2101 of title 46, United States Code) that is caught, taken, or harvested from the wild; and
“(ii) the eligible activities described in paragraph (2) shall include domestic seafood marketing.”.
(1) ELIGIBILITY FOR CREDIT AND FINANCIAL SERVICES.—Section 1.9 of the Farm Credit Act of 1971 (12 U.S.C. 2017) is amended—
(A) in paragraph (2), by striking “or” at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
“(3) persons furnishing to producers or harvesters of aquatic products services directly related to their operating needs; or”.
(2) PURPOSES FOR EXTENSIONS OF CREDIT.—Section 1.11(c)(1) of the Farm Credit Act of 1971 (12 U.S.C. 2019(c)(1)) is amended by inserting “and to persons furnishing services directly related to the operating needs of producers or harvesters of aquatic products” after “needs”.
(b) Production credit associations.—Section 2.4(a) of the Farm Credit Act of 1971 (12 U.S.C. 2075(a)) is amended—
(1) in paragraph (2), by striking “and” at the end;
(2) in paragraph (3), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following:
“(4) persons furnishing to producers or harvesters of aquatic products services directly related to their operating needs.”.
Section 603A of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4002) is amended—
(A) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and
(B) by inserting after paragraph (9) the following:
“(10) enhance competitive grant programs to support shellfish mariculture and expand access to testing for harmful algal bloom toxins for subsistence and recreational shellfish harvesters through innovative methods that increase the efficiency and effectiveness of such testing in rural and remote areas;”; and
(2) by adding at the end the following:
“(j) Definition of shellfish mariculture.—In this section, the term ‘shellfish mariculture’ means the cultivation of shellfish in their natural habitat for human consumption.”.
Section 2(f) of the Act of August 11, 1939 (commonly known as the “Saltonstall-Kennedy Act”) (15 U.S.C. 713c–3(f)), is amended—
(A) in the matter preceding subparagraph (A)—
(i) in the first sentence, by striking “all moneys in the fund shall” and inserting “25 percent of all moneys transferred to the Secretary under subsection (b)(1) shall”; and
(ii) in the second sentence, by striking “all moneys in the fund,” and all that follows through “with respect to that fiscal year,” and inserting “such moneys”;
(i) by striking “use no less than 60 per centum of such moneys” and inserting “make available not less than 75 percent of such moneys, equal to 18.75 percent of all moneys transferred to the Secretary under subsection (b)(1),”;
(ii) by inserting “under the Saltonstall-Kennedy competitive grant program of the National Oceanic and Atmospheric Administration” after “grants”; and
(iii) by striking “; and” and inserting a semicolon;
(C) by redesignating subparagraph (B) as subparagraph (C); and
(D) by inserting after subparagraph (A) the following:
“(B) the Secretary shall make available not less than 20 percent of such moneys, equal to 5 percent of all moneys transferred to the Secretary under subsection (b)(1), to carry out the Young Fishermen’s Development Act (33 U.S.C. 1141 et seq.); and”; and
(2) in paragraph (2), by striking “$3,000,000” and inserting “$10,000,000”.
Not later than 2 years after the date of the enactment of this Act, and under the authority provided by section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the heads of relevant Federal agencies and nongovernmental partners, as appropriate, shall establish an Electronic Monitoring Innovation Prize, which may be awarded for the development of advanced electronic fisheries monitoring equipment and data analysis tools, including improved fish species recognition software.
In this subtitle:
(1) MARICULTURE.—The term “mariculture” means shellfish and aquatic plants grown under controlled conditions.
(2) RURAL COASTAL COMMUNITY.—The term “rural coastal community” means a coastal community in a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a))).
(3) RURAL PROCESSING FACILITY.—The term “rural processing facility” means a seafood or mariculture processing facility that is located in a rural coastal community.
(4) SEAFOOD.—The term “seafood” means wild caught finfish and shellfish.
(5) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Commerce, shall develop an action plan to facilitate more domestic processing of United States-caught seafood and mariculture by rural processing facilities, including rural processing facilities that have less than 50 employees.
(b) Inclusions.—The action plan developed under subsection (a) shall include—
(1) an identification of rural coastal communities where commercial fishing is a significant economic driver and there exists a need and voiced community desire for the creation of new (or rehabilitation of existing) seafood processing infrastructure for rural processing facilities to allow those communities—
(A) to effectively process their own catch locally; and
(B) to provide for the local and domestic market;
(2) an identification of rural coastal communities with existing or developing mariculture operations where processing infrastructure for rural processing facilities is not sufficient to meet the needs of the mariculture operations; and
(3) a consideration of the diversity of rural coastal communities, including geographic diversity.
(c) Identification of eligible communities.—The action plan developed under subsection (a) shall identify rural coastal communities across the United States that would be eligible for the grants and cooperative agreements under section 303.
(d) Stakeholder engagement.—In developing the action plan under subsection (a), the Secretary, in consultation with the Secretary of Commerce, shall provide a meaningful stakeholder engagement process that prioritizes outreach and engagement through methods that effectively reach out to residents of rural coastal communities described in paragraphs (1) through (3) of subsection (b).
(a) In general.—The Secretary shall, for the period of fiscal years 2025 through 2029, make competitive grants or enter into cooperative agreements—
(1) to support pilot projects for new seafood or mariculture processing infrastructure for rural processing facilities in rural coastal communities identified under section 302(c);
(2) to support pilot projects for the rehabilitation, repair, or retrofitting of existing seafood or mariculture processing infrastructure for rural processing facilities in rural coastal communities identified under section 302(c);
(3) to support pilot projects for new cold storage infrastructure for rural processing facilities in rural coastal communities identified under section 302(c); and
(4) to support pilot projects for the rehabilitation, repair, or retrofitting of existing cold storage infrastructure for rural processing facilities in rural coastal communities identified under section 302(c).
(b) Eligibility.—To be eligible to receive a grant or enter into a cooperative agreement under subsection (a), the recipient of the grant or participant in the cooperative agreement shall be—
(1) a collaborative State, Tribal, local, or regionally based network or partnership of public or private entities; or
(2) an individual company that owns or operates one or more rural processing facilities.
(c) Allocation for small-Scale rural processing facilities.—Of the amount made available to make competitive grants and enter into cooperative agreements under subsection (a) for each fiscal year, the Secretary shall use 50 percent to support pilot projects described in that subsection for rural processing facilities that have less than 50 employees.
(d) Evaluation criteria.—In making grants or entering into cooperative agreements under subsection (a), the Secretary shall evaluate, with respect to applications for the grants or cooperative agreements—
(1) relevancy;
(2) technical merit;
(3) achievability, expertise, and track record; and
(4) equity and community impacts.
(e) Requirements.—A grant or cooperative agreement under subsection (a) shall be for an amount and term determined appropriate by the Secretary.
There is authorized to be appropriated to carry out this subtitle $10,000,000 for each of fiscal years 2025 through 2029.
(a) Definitions.—In this section:
(1) BOAT.—The term “boat” means a watercraft that is not built in a shipyard, and is typically of the type suitable or intended for personal use or for use in a fishery.
(2) BOATBUILDING INDUSTRY.—The term “boatbuilding industry” means an industry primarily engaged in building boats.
(3) COASTAL WATERS.—The term “coastal waters” means—
(A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes; and
(B) in other areas, those waters, adjacent to the shorelines, which contain a measurable quantity or percentage of sea water, including sounds, bays, lagoons, bayous, ponds, and estuaries.
(4) ELIGIBLE ENTITY.—The term “eligible entity” means—
(A) the government of a coastal State;
(B) a unit of local government within a coastal State;
(C) a nonprofit organization that the Secretary determines is appropriate to receive a grant under subsection (b); or
(D) a participant in the commercial fishing industry, the mariculture industry, or the for-hire recreational fishing industry.
(5) ELIGIBLE PROJECT.—The term “eligible project” means a project—
(i) make improvements to real property that is a working waterfront area located in a coastal State and owned by an eligible entity, including—
(I) the construction or repair of wharfs or related facilities;
(II) the provision of access to coastal waters in working waterfront areas to persons engaged in the commercial fishing industry, the mariculture industry, the for-hire recreational fishing industry, or the boatbuilding industry; and
(III) improvements made to such property in order to be resilient to climate change; or
(ii) permanently designate or otherwise protect real property owned or operated by an eligible entity as a working waterfront area;
(B) that has been approved or endorsed by the State government entity responsible for fishery management or the State’s coastal zone management agency; and
(C) that is consistent with State coastal shoreline access laws (including regulations).
(6) MARICULTURE.—The term “mariculture” means shellfish and aquatic plants grown under controlled conditions.
(7) NONPROFIT ORGANIZATION.—The term “nonprofit organization” means an organization that is—
(A) described in section 501(c) of the Internal Revenue Code of 1986; and
(B) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986.
(8) SECRETARY.—The term “Secretary” means the Secretary of Commerce.
(9) WORKING WATERFRONT AREA.—The term “working waterfront area” means land that is used for, or that supports, the commercial fishing industry, the mariculture industry, the for-hire recreational fishing industry, or the boatbuilding industry.
(b) Grant program authorized.—
(1) IN GENERAL.—The Secretary, acting through the Economic Development Administration of the Department of Commerce, shall award grants, on a competitive basis, to eligible entities to carry out eligible projects that support the commercial fishing industry, the mariculture industry, the for-hire recreational fishing industry, or the boatbuilding industry in coastal States.
(2) APPLICATION.—An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
(3) GRANT SELECTION CONSIDERATIONS.—In selecting eligible entities to receive grants under this section, the Secretary shall give substantial weight to—
(A) the economic significance of the eligible project to the commercial fishing industry, the mariculture industry, the for-hire recreational fishing industry, or the boatbuilding industry in the immediate vicinity and in the coastal State in which the eligible project is located;
(B) whether other adequate waterfront access alternatives exist for the commercial fishing industry within the community in which the eligible entity seeks to use grant funding;
(C) the utility of the eligible project for use in the commercial fishing industry, the mariculture industry, the for-hire recreational fishing industry, or the boatbuilding industry, with respect to the natural characteristics and developed infrastructure of the relevant property;
(D) whether the applicant has a business plan for the area in which the project will be located;
(E) the likelihood that the working waterfront area will remain compatible with commercial fishing, mariculture, for-hire recreational fishing, or boatbuilding, and the applicant’s ability to demonstrate a need for, or support for, the project within the community; and
(F) whether the applicant intends to permanently protect the relevant property.
(c) Cost sharing.—The amount of a grant awarded under this section to carry out an eligible project may not exceed 50 percent of the total cost of the eligible project.
(d) Use of grant funds for eligible projects.—
(1) IMPROVED OR PROTECTED PROPERTY.—
(A) IN GENERAL.—Grants awarded under this section may be used to improve or protect privately owned real property or interests in privately owned real property, including easements, only from willing owners.
(B) NO EXERCISE OF EMINENT DOMAIN.—No Federal, State, or local agency may exercise the power of eminent domain to secure title to any real property or facilities in connection with a project carried out under this Act.
(e) Annual report.—The Secretary shall submit to Congress an annual report that describes the eligible projects funded with grants awarded under this section.
(f) Authorization of appropriations.—There are authorized to be appropriated to carry out this Act $20,000,000 for each of the fiscal years 2025 through 2029.
(a) Amendment.—Chapter 517 of title 46, United States Code, is amended by adding at the end the following:
Ҥ 51708. Maritime workforce grant program
“(a) Definitions.—In this section:
“(1) ELIGIBLE APPLICANT.—The term ‘eligible applicant’ means an entity that—
“(A) operates a program or performs activities leading to the recruitment, education, or training of future or current members of the maritime workforce; and
“(B) submits an application in such form as the Secretary may require.
“(2) MARITIME WORKFORCE.—The term ‘maritime workforce’ includes positions of employment requiring a license, certificate of registry, or merchant mariner’s document issued under part E of subtitle II of title 46, United States Code.
“(3) RURAL AREA.—The term ‘rural area’ has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)), without regard to subparagraphs (B), (C), and (E) through (I) of paragraph (13) of that section.
“(4) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.
“(b) Program authorized.—The Secretary, acting through the Maritime Administrator, shall establish a program to provide grants, on a competitive basis, to eligible applicants for eligible activities described in subsection (c) that support maritime workforce development.
“(c) Eligible activities.—An eligible activity is an activity carried out by an eligible applicant—
“(1) to establish a new, or improve an existing, training program that teaches technical skills used in general seagoing operations and specific areas, such as deck or engineering, including the purchase of equipment for such programs;
“(2) to provide technical training or certification courses leading to maritime workforce credentialing, including any of the endorsements listed in section 10.109 of title 46, Code of Federal Regulations, or any successor regulation;
“(3) to create and deliver a program designed to provide high school students with meaningful maritime education in order to teach the future maritime workforce;
“(4) to support the professional development of teachers using a curriculum of a program described in paragraph (1), (2), or (3);
“(5) to establish, or support existing, scholarships or apprenticeships for individuals pursuing employment in the maritime workforce;
“(6) to support outreach about careers in the maritime workforce to—
“(A) secondary and postsecondary school students; or
“(B) underrepresented communities, as defined by the Secretary, in the maritime workforce; or
“(7) to otherwise enhance the maritime workforce.
“(d) Grant application review.—In reviewing and selecting eligible applicants to receive grants under this section, the Secretary shall—
“(1) prior to selecting among competing applications, consult, as appropriate, with representatives of the maritime workforce;
“(2) ensure that the grants awarded under subsection (b) will allow participation from eligible applicants in rural, suburban, and urban areas; and
“(3) award not less than 25 percent of the grant funds available for each fiscal year to eligible applicants located in rural areas.”.
(b) Authorization of appropriations.—There is authorized to be appropriated to carry out section 51708 of title 46, United States Code, as added by subsection (a), $25,000,000 for each of fiscal years 2025 through 2029.
(c) Clerical amendment.—The analysis for chapter 517 of title 46, United States Code, is amended by adding at the end the following:
“ 51708. Maritime workforce grant program.”.
Section 4502 of title 46, United States Code, is amended—
(i) in subparagraph (A)(ii), by striking “and” after the semicolon;
(ii) by redesignating subparagraph (B) as subparagraph (C); and
(iii) by inserting after subparagraph (A) the following:
“(B) to conduct safety and prevention training that addresses behavioral and physical health risks, to include substance use disorder and worker fatigue, facing fishing vessel operators and crewmembers; and”;
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph (3); and
(D) in paragraph (3), as redesignated by subparagraph (C), by striking “$3,000,000 for fiscal year 2023” and inserting “$6,000,000 for each of fiscal years 2025 and 2026”;
(A) in paragraph (1), by striking “and severe weather detection” and inserting “severe weather detection, and understanding and mitigating behavioral and physical health risks, to include substance use disorder and worker fatigue, facing members of the commercial fishing industry”;
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph (3); and
(D) in paragraph (3), as redesignated by subparagraph (C), by striking “$3,000,000 for fiscal year 2023” and inserting “$6,000,000 for each of fiscal years 2025 and 2026”;
(3) by redesignating subsection (k) as subsection (l); and
(4) by inserting after subsection (j) the following:
“(k) From amounts appropriated under subsections (i)(3) and (j)(3) for a fiscal year, the Secretary may transfer to the Secretary of Health and Human Services funds to pay for the Secretary's administration of the grant programs under subsections (i) and (j) for such fiscal year.”.
In this subtitle:
(1) BLUE ECONOMY.—The term “Blue Economy” means the value and impact of sustainable industries related to the Great Lakes, oceans, bays, estuaries, and coasts on the economy of the United States, including living resources, marine construction, marine transportation, offshore energy development and siting including for renewable energy, offshore mineral production, ship and boat building, tourism, recreation, subsistence, commercial, recreational, and charter fishing, seafood processing, and other fishery-related businesses, kelp and shellfish aquaculture, coastal resilience, and other industries the Secretary of Commerce considers appropriate.
(2) DIRECTOR OF SEA GRANT.—The term “Director of Sea Grant” means the Director of the National Sea Grant College Program appointed under section 204(d)(1) of the National Sea Grant College Program Act (33 U.S.C. 1123(d)(1)).
(3) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(4) NATIVE HAWAIIAN ORGANIZATION.—The term “Native Hawaiian organization” has the meaning given the term in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517).
(5) OCEAN INNOVATION CENTER FOR CROSS-SECTOR COLLABORATION.—The term “Ocean Innovation Center for Cross-Sector Collaboration” means a physical space for collaboration developed and managed in accordance with section 502(i).
(6) OCEAN INNOVATION CLUSTER.—The term “Ocean Innovation Cluster” means an eligible entity designated by the Secretary of Commerce under section 502.
(a) Designation.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development, shall designate not fewer than 7 eligible entities as Ocean Innovation Clusters.
(b) Eligible entities.—For purposes of this section, an eligible entity is an entity—
(1) that is composed, in a concentrated geographic region, of 1 or more—
(A) business organizations;
(B) academic institutions, including minority- and Tribal-serving institutions;
(C) not-for-profit organizations;
(D) Federal, State, or local governmental entities, agencies, or instrumentalities;
(E) Indian Tribes; or
(F) Native Hawaiian organizations;
(2) that is led by a not-for-profit organization; and
(3) that works to deliver services in the concentrated geographic region where the entity is located, enhance collaboration, promote innovation, and contribute to the equitable and sustainable growth of the Blue Economy across all sectors.
(c) Priority.—In designating entities as Ocean Innovation Clusters under subsection (a), the Secretary of Commerce shall prioritize entities with a history of supporting cross-sector growth and development of the Blue Economy.
(d) Geographic diversity.—The Secretary of Commerce shall designate not fewer than 1 Ocean Innovation Cluster under subsection (a) in—
(1) each of the regions covered by the 5 regional offices of the National Marine Fisheries Service;
(2) the Great Lakes region; and
(3) the Gulf of Mexico region.
(e) Considerations.—In designating an eligible entity as an Ocean Innovation Cluster under subsection (a), the Secretary of Commerce shall consider the following:
(1) The economic development potential of the coastal community or region in which the entity is located.
(2) The ability of the entity to incorporate and bring growth and opportunity to broad geographic areas, including urban, rural, and underserved areas.
(3) Whether the entity serves a diverse, multigenerational, ocean-dependent population consisting of groups with different socioeconomic and educational attainment levels, industries, and Indian Tribes.
(4) The ability of the entity to cultivate and leverage partnerships with private industry, academia, nongovernmental organizations, Federal, State, and local governments, and Indian Tribes to collaborate on shared outcomes.
(5) The relative potential for the designation of the entity as an Ocean Innovation Cluster to reverse a decline, or accelerate growth, in ocean sector jobs.
(6) The ability of the entity to carry out projects that support economic and climate resilience through economic diversification and long-term recovery from natural disasters.
(7) The extent, rural and underserved nature, and economic underutilization of the coastline and ocean area that projects carried out by the entity could affect.
(A) DESIGNATION.—The Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development shall each designate 1 partnership manager from within their respective agencies to serve as a partnership liaison between each Ocean Innovation Cluster and Sea Grant, the National Oceanic and Atmospheric Administration, and the Economic Development Administration, respectively.
(B) FUNCTION.—Each partnership liaison designated under subparagraph (A) shall ensure that Ocean Innovation Clusters—
(i) have direct communication with the agency of the liaison; and
(ii) allow for collaboration and alignment with Federal objectives in each region regarding the Blue Economy.
(2) INTERAGENCY COORDINATION.—
(A) SECRETARY OF COMMERCE AND PARTNERSHIP LIAISONS.—The Secretary of Commerce shall coordinate with the Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, the Assistant Secretary of Commerce for Economic Development, the Department of Energy, the Maritime Administration of the Department of Transportation, the Environmental Protection Agency, the Bureau of Ocean Energy Management of the Department of the Interior, the Department of Agriculture, the Coast Guard, and such other Federal agencies, including bureaus of the Department of Commerce, as the Secretary of Commerce considers appropriate to increase technical knowledge exchange and opportunities for cross-sector collaboration with those agencies.
(B) SECRETARY OF ENERGY.—With respect to matters relating to the nexus of the Blue Economy and the responsibilities and expertise of the Department of Energy, the Secretary of Energy—
(i) shall provide advice and recommendations to the Secretary of Commerce in order to increase technical knowledge exchange and opportunities for cross-sector collaboration; and
(ii) may provide such advice and recommendations without any formal request from the Department of Commerce.
(g) Development of economic impact metrics of Ocean Innovation Clusters.—The Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of Economic Analysis of the Department of Commerce, and the heads of other relevant Federal agencies shall use and refine the Marine Economy Satellite Account to measure the value to and impact of Ocean Innovation Clusters on the Blue Economy.
(h) Areas of focus.—The Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development shall coordinate with each Ocean Innovation Cluster in the following areas of focus:
(1) Increasing pathways for new entrants into the Blue Economy for individuals and entities.
(2) Intellectual property management.
(3) Enhancing the sustainability of seafood supply chains, including with respect to food, transportation, processing, health and beauty products, animal feed, medical biotechnology, bioplastics, biofuels, and other value-added products, to strive for full use of harvested natural resources.
(4) Providing significant and sustainable economic opportunity through advanced research, cross-sector science, and technology development.
(5) Contributing new knowledge, processes, technology, and support for stakeholders in the Blue Economy, especially to advance sustainability in specific sectors.
(6) Working with Federal, State, local, and Tribal agencies to clearly communicate laws, regulations, and agency practices affecting industry needs, planning, or growth opportunities.
(7) Creating investable opportunities through the development of economies of scale to enhance growth opportunities, job creation, sustainability, and expansion for small businesses within the Blue Economy.
(8) Workforce development and training, business planning, identifying existing and needed technology and economic infrastructure, and coordinated research and development among small businesses, government, and industry.
(9) Research, development, and implementation of ocean energy, bioprospecting, and other innovative and sustainable ocean resource development endeavors.
(i) Ocean Innovation Centers for Cross-Sector Collaboration.—
(1) IN GENERAL.—In order to foster collaboration and innovation and strengthen regional ocean sector economies while creating employment opportunities, the Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development shall collaborate with cross-sector partners to jointly develop or designate at least 1 physical space for collaboration as an Ocean Innovation Center for Cross-Sector Collaboration within each of the 7 regions with an Ocean Innovation Cluster.
(2) MANAGEMENT.—An Ocean Innovation Cluster or a group of Ocean Innovation Clusters shall manage the Ocean Innovation Center for Cross-Sector Collaboration of the region in which the Cluster or Clusters is located.
(3) FUNCTIONS.—Each Ocean Innovation Center for Cross-Sector Collaboration shall—
(A) serve as a hub for partners within Ocean Innovation Clusters to work toward the areas of focus in described in subsection (h);
(B) support a community of entrepreneurs focused on strengthening vibrant marine-dependent communities and the Blue Economy;
(C) create workspaces and laboratories designed to promote collaboration, including through shared meeting rooms, access to technology, common spaces, and offices;
(D) strengthen relationships among industry sectors through shared scientific, staffing, and business resources;
(E) develop the critical networks with cross-sector partners that entrepreneurs need to grow effectively; and
(F) develop the next generation of Blue Economy workers by providing internships, apprenticeships, or training, as appropriate, including for underrepresented and Tribal communities and local trade schools.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at the end the following:
“SEC. 31. Grants for Ocean Innovation Clusters.
“(a) In general.—The Secretary, in consultation with the Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development, may award grants, on a competitive basis, to Ocean Innovation Clusters for the purposes described in subsection (b).
“(b) Purposes.—The Secretary may award grants under subsection (a) for the operation and administration of one or more Ocean Innovation Clusters under section 502 of the Working Waterfronts Act of 2024, with the goal that Ocean Innovation Clusters will become membership-based, self-sustaining entities.
“(c) Input.—In awarding a grant under subsection (a), the Secretary shall provide an opportunity for input from the Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development.
“(1) IN GENERAL.—The term of a grant awarded under subsection (a) shall be 2 years.
“(2) RENEWAL.—The Secretary may renew a grant awarded under subsection (a) for additional periods of such duration as the Secretary determines to be appropriate and necessary for the Ocean Innovation Cluster that received the grant to provide regional economic benefits.
“(e) Limitations on grant amounts.—A grant awarded under subsection (a) may not exceed $10,000,000.
“(f) Authorization of appropriations.—There is authorized to be appropriated to the Secretary to award grants under subsection (a) $10,000,000 for each of fiscal years 2025 through 2029.
“(g) Definitions.—In this section:
“(1) DIRECTOR OF SEA GRANT.—The term ‘Director of Sea Grant’ means the Director of the National Sea Grant College Program appointed under section 204(d)(1) of the National Sea Grant College Program Act (33 U.S.C. 1123(d)(1)).
“(2) OCEAN INNOVATION CLUSTER.—The term ‘Ocean Innovation Cluster’ has the meaning given that term in section 501 of the Working Waterfronts Act of 2024”..”.
In this subtitle:
(1) ADMINISTRATOR.—The term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary’s capacity as the Administrator of the National Oceanic and Atmospheric Administration.
(2) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(3) INTERAGENCY WORKING GROUP.—The term “Interagency Working Group” means the Interagency Working Group on Vegetated Coastal Ecosystems and Great Lakes Ecosystems established under section 512(a).
(4) NATURAL INFRASTRUCTURE.—The term “natural infrastructure” has the meaning given that term in section 101(a) of title 23, United States Code.
(5) 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 taxation under 501(a) of that Code.
(6) STATE.—The term “State” means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States.
(7) VEGETATED COASTAL ECOSYSTEMS.—The term “vegetated coastal ecosystems” includes mangroves, tidal marshes, seagrasses, kelp forests, and other tidal, freshwater, or salt-water wetlands.
(a) Establishment.—The Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall establish an interagency working group to be known as the “Interagency Working Group on Vegetated Coastal Ecosystems and Great Lakes Ecosystems”.
(b) Membership.—The Interagency Working Group shall be comprised of the Ocean Policy Committee established by section 8932 of title 10, United States Code.
(c) Chairperson.—The Interagency Working Group shall be chaired by the Administrator.
(d) Responsibilities.—The Administrator, in consultation with the Interagency Working Group, shall produce, update, maintain, and use a map and inventory of vegetated coastal ecosystems and Great Lakes ecosystems as described in section 513.
(a) In general.—The Interagency Working Group shall produce, update, and maintain a national-level map and inventory of vegetated coastal and Great Lakes ecosystems that includes—
(1) the types of habitats and the species in such ecosystems;
(2) the condition of such ecosystems, including whether an ecosystem is degraded, drained, eutrophic, or tidally restricted;
(3) the type of public or private ownership and any protected status of such ecosystems;
(4) the size of such ecosystems;
(5) the salinity boundaries of such ecosystems;
(6) the tidal boundaries of such ecosystems;
(7) an assessment of carbon sequestration potential, methane production, and net greenhouse gas reductions with respect to such ecosystems, including consideration of—
(A) quantification;
(B) verifiability;
(C) comparison to a historical baseline as available; and
(D) permanence of those benefits;
(8) the potential for landward migration within such ecosystems as a result of sea level rise;
(9) any upstream restrictions of such ecosystems that are detrimental to the watershed process and conditions, such as dams, dikes, levees, and other water management practices;
(10) the conversion of such ecosystems to other land uses and the cause of such conversion; and
(11) a depiction of the effects of climate change, including sea level rise, environmental stressors, and other stressors on the sequestration rate, carbon storage, and potential of such ecosystems.
(b) Data incorporation; engagement.—In carrying out subsection (a), the Interagency Working Group shall—
(1) incorporate, to the extent practicable, data collected—
(A) by Federal agencies, State agencies, Indian Tribes, or local agencies through research that is funded, in whole or in part, by the Federal Government; and
(B) through peer-reviewed published works;
(2) engage regional experts, State agencies, Indian Tribes, and additional data and information resources in order to accurately account for regional differences in vegetated coastal ecosystems and Great Lakes ecosystems.
(c) Use of map and inventory.—The Interagency Working Group shall use the national-level map and inventory produced under subsection (a)—
(1) to assess the carbon sequestration potential of different vegetated coastal ecosystems and Great Lakes ecosystems and account for any regional differences;
(2) to assess and quantify emissions from degraded and destroyed vegetated coastal ecosystems and Great Lakes ecosystems;
(3) to develop regional assessments in partnership with, or to provide technical assistance to—
(A) regional, State, and local government agencies;
(B) Indian Tribes; and
(C) regional coastal observing systems (as defined in section 12303(6) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3602(6)));
(4) to assess degraded vegetated coastal ecosystems and Great Lakes ecosystems and the potential for restoration of such ecosystems, including developing scenario modeling to identify vulnerable land areas and living shorelines where management, conservation, and restoration efforts should be focused;
(5) to produce predictions relating to carbon sequestration rates in the context of climate change, environmental stressors, and other stressors;
(6) to inform how and where coastal vegetation can serve as natural infrastructure to most effectively protect coastlines from storm surges and climate hazards; and
(7) to further understand which types of coastal and Great Lakes vegetation can be used as natural infrastructure to protect coastlines in different climates, especially cold climates, including the Arctic region.
(a) In general.—During fiscal years 2025 and 2026, the Administrator shall award grants through the national sea grant college program, on a competitive basis, to eligible entities to support—
(1) the implementation of coastal natural infrastructure pilot projects in cold climates, including the Arctic region of the United States, that will protect the coastline from storm surges, hazards caused by climate change, erosion, and permafrost melt; and
(2) research on how effective coastal natural infrastructure projects can be in protecting coastlines in cold climates, including the Arctic region.
(b) Eligibility.—To be eligible to receive a grant under subsection (a), an entity shall be—
(1) a State or local government;
(2) an Indian Tribe;
(3) an academic institution;
(4) a nonprofit organization; or
(5) a combination of entities described in paragraphs (1) through (4).
(c) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2025 and 2026.
(d) National sea grant college program defined.—In this section, the term “national sea grant college program” means the national sea grant college program maintained under section 204 of the National Sea Grant College Program Act (33 U.S.C. 1123).
Section 12403 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3702) is amended—
(1) by striking paragraph (4);
(2) by redesignating paragraphs (2), (3), and (5) as paragraphs (4), (5), and (6) respectively;
(3) by inserting after paragraph (1) the following:
“(2) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(3) NATIVE HAWAIIAN ORGANIZATION.—The term ‘Native Hawaiian organization’ has the meaning given that term in section 3 of the NATIVE Act (25 U.S.C. 4352).”;
(4) in paragraph (4), as redesignated by paragraph (2), by inserting “an increase of” before “carbon dioxide”; and
(5) by adding at the end the following:
“(7) SUBCOMMITTEE.—The term ‘Subcommittee’ means the National Science and Technology Council Subcommittee on Ocean Science and Technology.
“(8) UNITED STATES.—The term ‘United States’ means the States, collectively.”.
(a) Ongoing input mechanism.—Section 12404(c)(2) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(c)(2)) is amended—
(1) in subparagraph (B), by striking “; and” and inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following:
“(D) establish an ongoing mechanism (such as a liaison or other contact of the National Oceanic and Atmospheric Administration, standing meetings, or an online platform) to engage affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, Indian Tribes, Native Hawaiian organizations, Tribal organizations, Tribal consortia, non-Federal resource managers, and scientific experts not employed by the Federal Government to provide input on research, data, and monitoring that is necessary to support on-the-ground management, decision making, and adaptation related to ocean acidification and coastal acidification and the impacts of ocean acidification and coastal acidification.”.
(b) Advisory Board membership.—Section 12404(c)(3) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(c)(3)) is amended—
(1) by redesignating subparagraphs (G) through (Q) as subparagraphs (H) through (R), respectively;
(2) by inserting after subparagraph (F) the following:
“(G) Two representatives from Indian Tribes, Native Hawaiian organizations, Tribal organizations, or Tribal consortia affected by ocean acidification and coastal acidification.”; and
(3) in subparagraph (H), as redesignated by paragraph (1), by striking “Six” and inserting “Four”.
(c) Appointment of Advisory Board members.—Section 12404(c)(4)(C) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(c)(4)(C)) is amended by inserting “Indian Tribes and Native Hawaiian organizations,” after “managers,”.
(d) Engagement and coordination with Indian Tribes and Native Hawaiian organizations.—Paragraph (9) of section 12404(c) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(c)) is amended to read as follows:
“(9) ENGAGEMENT AND COORDINATION WITH INDIAN TRIBES AND NATIVE HAWAIIAN ORGANIZATIONS.—
“(A) POLICY REQUIRED.—Not later than one year after the date on which the Advisory Board is established, the Advisory Board shall develop and commence maintaining a policy for engagement and coordination with Indian Tribes and Native Hawaiian organizations affected by ocean acidification and coastal acidification.
“(B) CONSULTATION.—In developing the policy under subparagraph (A), the Advisory Board shall consult with Indian Tribes and Native Hawaiian organizations affected by ocean acidification and coastal acidification.”.
(e) Collaboration on vulnerability assessments, research planning, and similar activities.—Section 12404(e)(4)(A) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(e)(4)(A)) is amended—
(1) by redesignating clauses (ix) and (x) as clauses (x) and (xi), respectively; and
(2) by inserting after clause (viii) the following:
“(ix) identifies the efforts of the Secretary to collaborate with State and local governments, Indian Tribes, and Native Hawaiian organizations on community vulnerability assessments, research planning, and similar activities, pursuant to section 12406(e);”.
(f) Contents of strategic research plan.—Section 12405(b) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(b)) is amended—
(1) in paragraph (10), by striking “section 12404(c)(4)” and inserting “section 12404(e)(4)”; and
(2) in paragraph (11), by striking “potentially affected industry members, coastal stakeholders, fishery management councils and commissions, Tribal governments, non-Federal resource managers, and scientific experts” and inserting “affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, Indian Tribes, Native Hawaiian organizations, non-Federal resource managers, and scientific experts not employed by the Federal Government”.
(g) Improving collaboration on NOAA ocean acidification activities.—Section 12406 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3705) is amended—
(i) in subparagraph (D), by adding a semicolon at the end; and
(ii) in subparagraph (F), by striking “Tribal governments” and inserting “Indian Tribes, Native Hawaiian organizations”; and
(B) in paragraph (4), by striking “industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, community acidification networks, indigenous knowledge groups, and scientific experts” and inserting “affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, Indian Tribes, Native Hawaiian organizations, non-Federal resource managers, and scientific experts not employed by the Federal Government”;
(A) in paragraph (1), by striking “State, local, and Tribal governments” and inserting “State and local governments, Indian Tribes, Native Hawaiian organizations,”; and
(i) in subparagraph (A), by striking “; or” and inserting a semicolon;
(ii) by redesignating subparagraph (B) as subparagraph (C);
(iii) by inserting after subparagraph (A) the following:
“(B) on ocean acidification and coastal acidification research, data, and monitoring from affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, Indian Tribes, Native Hawaiian organizations, non-Federal resource managers, and scientific experts not employed by the Federal Government; or”; and
(iv) in subparagraph (C), as redesignated by clause (ii), by striking “State governments, local governments, Tribal governments” and inserting “State and local governments, Indian Tribes, Native Hawaiian organizations”;
(3) in subsection (d)(1)(C), by striking “Tribes or Tribal governments” and inserting “Indian Tribes, Native Hawaiian organizations, Tribal organizations, and Tribal consortia”; and
(4) by adding at the end the following:
“(e) Better collaboration on vulnerability assessments, research planning, and similar activities.—
“(1) IN GENERAL.—In carrying out the program under subsection (a), and in support of vulnerability assessments transmitted under section 12404(e)(4) and recommendations included in the strategic research plan described in section 12405(b)(10), the Secretary shall build upon existing activities and collaborate with State and local governments and Indian Tribes that are conducting or have completed vulnerability assessments, research planning, climate action plans, or other similar activities related to ocean acidification and coastal acidification and the impacts of ocean acidification and coastal acidification on coastal communities, for the purpose of—
“(A) supporting collaborative interagency relationships and information sharing at the State, local, and Tribal levels; and
“(B) assisting State and local governments and Indian Tribes in—
“(i) improving existing systems and programs to better address ocean acidification and coastal acidification; and
“(ii) identifying whether such activities can be used as a model for other communities.
“(2) INDIAN TRIBES, NATIVE HAWAIIAN ORGANIZATIONS, TRIBAL ORGANIZATIONS, AND TRIBAL CONSORTIA.—In carrying out the program under subsection (a), and in support of vulnerability assessments transmitted under section 12404(e)(4) and recommendations included in the strategic research plan described in section 12405(b)(10), the Secretary may build upon existing activities and collaborate with Indian Tribes, Native Hawaiian organizations, Tribal organizations, and Tribal consortia that are conducting or have completed vulnerability assessments, research planning, climate action plans, or other similar activities related to ocean acidification and coastal acidification and the impacts of ocean acidification and coastal acidification on coastal communities.”.
The Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3701 et seq.) is amended—
(1) in section 12402 (33 U.S.C. 3701)—
(A) in paragraph (1), by striking “development coordination and implementation” and inserting “development, coordination, and implementation”; and
(B) in paragraph (4), by striking “research adaptation strategies and mitigating the impacts” and inserting “research on adaptation strategies and mitigation of the impacts”;
(2) in section 12404 (33 U.S.C. 3703)—
(A) in subsection (b)(5), by striking “; and” and inserting a period;
(i) in clause (i), by striking “subsection (d)(2)” and inserting “subsection (e)(2)”; and
(ii) in clause (ii), by striking “subsection (d)(3)” and inserting “subsection (e)(3)”;
(C) in subsection (d)(3), by striking “this section” and inserting “this subsection”; and
(i) in paragraph (2)(B), by striking “interagency” and inserting “the”; and
(ii) in paragraph (3), by striking “years until 2031 thereafter” and inserting “years thereafter until 2031”; and
(3) in section 12406(d)(2) (33 U.S.C. 3705(d)(2)), by striking “The Secretary to,” and inserting “The Secretary, to”.
(1) IN GENERAL.—Subsection (f) of section 903 of the Vessel Incidental Discharge Act of 2018 (16 U.S.C. 4729) is—
(A) transferred to section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722);
(B) redesignated as subsection (l) of that section 1202; and
(C) added at the end of that section 1202.
(2) AVAILABILITY OF APPROPRIATIONS.—Paragraph (1) shall not affect the availability of amounts made available in appropriation Acts for the purpose of carrying out the program transferred by paragraph (1) to the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.).
(b) Amendments.—Subsection (l) of section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722), as transferred and redesignated under subsection (a), is amended—
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E), (F), and (G), as subparagraphs (D), (E), and (F), respectively;
(A) in subparagraph (A), by striking “and the Foundation” both places the term appears;
(i) in subclause (I), by striking “programs, including permissible State ballast water” and inserting “programs for Federal and State agencies, territories of the United States, Tribal governments or organizations, and interstate organizations, including permissible ballast water”;
(ii) by striking subclause (III);
(iii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; and
(iv) in subclause (IV), as redesignated by clause (iii), by striking “infrastructure, such as hydroelectric infrastructure, from aquatic invasive species” and inserting “aquaculture and associated infrastructure from aquatic invasive species with particular emphasis on underserved communities”;
(C) in subparagraph (D), by striking “Not later than 90 days after the date of enactment of this Act, the Foundation, in consultation with the Secretary” and inserting “Not later than 90 days after the date of enactment of the Working Waterfronts Act of 2024, the Secretary”; and
(D) in subparagraph (F), by striking “and the Foundation are” and inserting “is”; and
(A) by striking subparagraph (B) and inserting the following:
“(B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2025 through 2029.”; and
(B) in subparagraph (C), by striking “and the Foundation”.
(c) Conforming amendment.—Section 903 of the Vessel Incidental Discharge Act of 2018 (16 U.S.C. 4729), as amended by subsection (a), is further amended by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.