[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3764 Reported in House (RH)]
<DOC>
Union Calendar No. 511
117th CONGRESS
2d Session
H. R. 3764
[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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
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.
Barragan, 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]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean-Based Climate Solutions Act of
2022''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--BLUE CARBON
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.
TITLE II--OFFSHORE ENERGY
Subtitle A--Oil and Gas Leasing in the Outer Continental Shelf
Sec. 201. Prohibition of oil and gas leasing and other activities in
certain areas of the Outer Continental
Shelf.
Sec. 202. Best available technology.
Subtitle B--Offshore Renewable Energy
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.
TITLE III--CLIMATE-READY FISHERIES, EFFICIENT FISHERY VESSELS, AND BUY
AMERICAN SEAFOOD
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.
TITLE IV--COASTAL BARRIER RESOURCE ACT AMENDMENTS
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.
TITLE V--COASTAL ZONE MANAGEMENT ACT AMENDMENTS
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.
TITLE VI--INSULAR AFFAIRS
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.
TITLE VII--STRENGTHENING MARINE MAMMAL CONSERVATION
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.
TITLE VIII--INTERNATIONAL AGREEMENTS, EFFORTS IN THE ARCTIC, AND BUREAU
OF INDIAN AFFAIRS TRIBAL RESILIENCE PROGRAM
Subtitle A--International Agreements
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.
Subtitle B--Efforts in the Arctic
Sec. 811. Plan for the United States to cut black carbon emissions to
33 percent below 2013 levels by 2025.
Subtitle C--Bureau of Indian Affairs Tribal Resilience Program
Sec. 821. Bureau of Indian Affairs Tribal Resilience Program.
TITLE IX--COASTAL RESILIENCY AND ADAPTATION
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.
TITLE X--OCEAN HEALTH: OCEAN ACIDIFICATION AND HARMFUL ALGAL BLOOMS
Subtitle A--Coastal Communities Ocean Acidification Act
Sec. 1001. Coastal community vulnerability assessment.
Subtitle B--Ocean Acidification Act
Sec. 1011. Prize competitions.
Subtitle C--Harmful Algal Bloom Essential Forecasting
Sec. 1021. Centers of Excellence in Harmful Algal Bloom Research,
Prevention, Response, and Mitigation.
TITLE XI--OCEAN DATA AND COLLABORATIVE EFFORTS
Subtitle A--Regional Ocean Partnerships
Sec. 1101. Purposes.
Sec. 1102. Regional ocean partnerships.
Subtitle B--National Coastal Resilience Data and Services
Sec. 1111. Authorization of NOAA activities.
Sec. 1112. Interagency coordination.
Subtitle C--Centralized Website for Resiliency Grants
Sec. 1121. Centralized website for resiliency grants.
Subtitle D--Automatic Identification Systems
Sec. 1131. Automatic identification systems.
Subtitle E--Authorization of Appropriations
Sec. 1141. Authorization of appropriations.
TITLE XII--MEASURES TO ADDRESS GREENHOUSE GAS POLLUTION FROM SHIPPING
VESSELS
Sec. 1201. Greenhouse gas emissions from shipping.
Sec. 1202. Quiet Seas and Clear Skies Vessel Speed Reduction Award
Program.
TITLE XIII--VIRGIN PLASTIC EXCISE TAX
Sec. 1301. Virgin plastic excise tax.
Sec. 1302. Establishment of the Virgin Plastic Trust Fund.
TITLE XIV--STUDIES AND REPORTS
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.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Secretary of Commerce, acting through the Administrator of the
National Oceanic and Atmospheric Administration.
(2) Exclusive economic zone.--The term ``Exclusive Economic
Zone'' means the zone established by Proclamation Numbered
5030, dated March 10, 1983.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) National academies.--The term ``National Academies''
means the National Academies of Science, Engineering, and
Medicine.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, and the United States
Territories of American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of
the United States.
(7) United states.--The term ``United States'' means the
several States, the District of Columbia, and the United States
Territories of American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of
the United States.
TITLE I--BLUE CARBON
SEC. 101. BLUE CARBON PROGRAM.
(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;
(2) develop a database of blue carbon stocks and fluxes in
the United States;
(3) assist in exploration of the potential for a market for
carbon credits 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;
(9) provide staff and technical expertise to the
interagency working group;
(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.
SEC. 102. NATIONAL MAP OF COASTAL AND MARINE BLUE CARBON ECOSYSTEMS.
(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--
(i) the species and types of habitat in the
ecosystem;
(ii) the condition of such habitats
including whether a habitat is degraded,
drained, eutrophic, or tidally restricted;
(iii) the type of public or private
ownership relating to such ecosystem and any
protected status;
(iv) the size of the ecosystem;
(v) the salinity boundaries of the
ecosystem;
(vi) the tidal boundaries of the ecosystem;
(vii) an assessment of carbon sequestration
potential, methane production, and net
greenhouse gas effects of the ecosystem--
(I) quantifying the amount of
carbon stored in a particular
geographic area;
(II) the degree to which such
amounts can be verified;
(III) determination of how much
additional carbon may be stored in such
an area due to further carbon
sequestration; and
(IV) the permanence of such
existing and future carbon storage;
(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;
(ix) the potential for landward migration
of each ecosystem as a result of sea level
rise;
(x) an assessment of any upstream
structures or pollution sources that threaten
the health of each blue carbon ecosystem;
(xi) proximity of the ecosystem to
aquaculture uses or lease areas; and
(xii) a depiction of the effects of human
stressors, including the conversion of blue
carbon ecosystems to other land uses and the
cause of such conversion; and
(B) a depiction of the effects of climate change,
including sea level rise, ocean acidification, ocean
warming, and other environmental stressors on the
sequestration rate, carbon storage, and carbon
sequestration and storage potential of blue carbon
ecosystems; and
(2) in carrying out paragraph (1)--
(A) incorporate, to the extent possible, data
collected through federally and State funded research,
including data collected from--
(i) the Coastal Change Analysis Program of
the National Oceanic and Atmospheric
Administration;
(ii) the National Wetlands Inventory of the
United States Fish and Wildlife Service;
(iii) biologic carbon sequestration
information of the United States Geological
Survey;
(iv) information from the Center for LIDAR
Information Coordination and Knowledge of the
United States Geological Survey and Federal
Emergency Management Agency;
(v) biological and environmental research
from the Department of Energy;
(vi) national aquatic resource surveys of
the Environmental Protection Agency; and
(vii) data from the National Coastal Blue
Carbon Assessment of the Department of
Agriculture; and
(B) engage regional experts for additional peer-
reviewed data to ensure that best available scientific
information is incorporated.
(b) Use.--The interagency working group shall use the national map
and inventory created pursuant to subsection (a)--
(1) to assess the existing and potential carbon
sequestration of different blue carbon ecosystems, and account
for any regional differences;
(2) to assess and quantify emissions from degraded and
destroyed blue carbon ecosystems;
(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
(5) to produce predictions of blue carbon ecosystems and
carbon sequestration rates in the context of climate change,
environmental stressors, and human stressors.
SEC. 103. REPORT ON BLUE CARBON IN THE UNITED STATES.
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.
(8) The economic, social, and environmental co-benefits and
impacts that these blue carbon ecosystems provide including--
(A) protection of coasts from storms and flooding;
(B) sustainable tourism and responsible
recreational use;
(C) benefits to fisheries;
(D) water quality protection, including the
regulation and mitigation of nutrients, sediment, and
contaminants;
(E) maintenance of biodiversity;
(F) the number of jobs that are directly or
indirectly attributable to blue carbon ecosystems; and
(G) the total economic activity that is
attributable to such blue carbon ecosystems.
(9) An assessment of the social and economic makeup of the
communities served by blue carbon ecosystems.
SEC. 104. BLUE CARBON PARTNERSHIP GRANT PROGRAM.
(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--
(1) protect and restore blue carbon stocks, oceanic blue
carbon, and blue carbon ecosystems and increase the long-term
carbon storage and sequestration; and
(2) contribute to priorities identified in the most recent
strategic plan developed by the interagency working group
pursuant to section 106(e).
(b) Eligible Recipients.--A person or entity is eligible to receive
a grant under the grant program if such person or entity is--
(1) a voluntary private landowner or group of landowners;
(2) a State;
(3) an Indian Tribe;
(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));
(5) a unit of local government;
(6) a nonprofit organization or land trust;
(7) an institution of higher education and research; or
(8) any group of entities described in paragraphs (1)
through (6).
(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
(2)(A) would protect key habitats for fish, wildlife, and
the maintenance of biodiversity;
(B) would provide coastal protection from development,
storms, flooding, and land-based pollution;
(C) would protect coastal resources of national,
historical, and cultural significance;
(D) would benefit communities of color, low-income
communities, Tribal or Indigenous communities, or rural
communities; or
(E) would capitalize on existing established public-private
partnerships.
(e) Report to Congress.--
(1) Report required.--The Administrator shall submit
annually to Congress a report containing a State-by-State
analysis of--
(A) the total number of acres of land or water
protected or restored through fee title acquisition,
easement, restoration or other activities under the
program;
(B) the status of restoration projects under this
program; and
(C) the projected amount of carbon captured or
protected over a 100-year time period as a result of
this program.
(2) Publication of report.--The Administrator shall make
available to the public each report required by paragraph (1).
(f) Acreage Requirements.--To the maximum extent possible,
Administrator shall award grants under the grant program established by
this section to conduct blue carbon ecosystem protection and
restoration on 1,500,000 acres over 10 years.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $300,000,000 for each of the fiscal
years 2022 to 2026 to carry out this section.
SEC. 105. INTEGRATED PILOT PROGRAMS TO PROTECT AND RESTORE DEGRADED
BLUE CARBON ECOSYSTEMS.
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) quantifying the amount of carbon stored in a
particular geographic area;
(B) the degree to which such amounts can be
verified;
(C) determination of how much additional carbon may
be stored in such an area due to further carbon
sequestration; and
(D) the permanence of such existing and future
carbon storage;
(4) ensure, through consultation with the interagency
working group, that the goals, metrics, monitoring, and
outcomes of the pilot programs are communicated to the
appropriate State, Tribal, and local governments, and to the
general public; and
(5) coordinate with relevant Federal agencies on the
interagency working group to prevent unnecessary duplication of
effort among Federal agencies and departments with respect to
protection and restoration programs.
SEC. 106. INTERAGENCY WORKING GROUP.
(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;
(6) identify priority blue carbon ecosystems for
protection;
(7) develop a national strategy for foundational science
necessary to study, synthesize, and evaluate the effects of
climate change, environmental, and human stressors on
sequestration rates and capabilities of blue carbon ecosystems
protection;
(8) develop an assessment of current legal authorities to
protect and restore blue carbon ecosystems and make
recommendations for additional authorities if current
authorities are determined to be insufficient; and
(9) ensure the continuity, use, and interoperability of
data assets through the Coastal Carbon Data Clearinghouse of
the Smithsonian Institution and other databases.
(c) Membership.--The interagency working group shall be comprised
of representatives of the following (or their designees):
(1) The Administrator.
(2) The Administrator of the Environmental Protection
Agency.
(3) The Director of the National Science Foundation.
(4) The Administrator of the National Aeronautics and Space
Administration.
(5) The Director of the United States Geological Survey.
(6) The Director of the United States Fish and Wildlife
Service.
(7) The Director of the National Park Service.
(8) The Director of the Bureau of Indian Affairs.
(9) The Secretary of the Smithsonian Institution.
(10) The Assistant Administrator Insular and International
Affairs of the Department of the Interior.
(11) The Chief of Engineers of the Army Corps of Engineers.
(12) The Secretary of Agriculture.
(13) The Secretary of Defense.
(14) The Secretary of Transportation.
(15) The Secretary of State.
(16) The Secretary of Energy.
(17) The Administrator of the United States Agency for
International Development.
(18) The Administrator of the Federal Emergency Management
Agency.
(19) The Chair of the Council on Environmental Quality.
(20) The Commissioner of the Bureau of Reclamation.
(d) Chair.--The interagency working group shall be chaired by the
Administrator.
(e) Strategic Plan.--
(1) In general.--The interagency working group shall create
a strategic plan for Federal investments in basic research,
development, demonstration, long-term monitoring and
stewardship, and deployment of 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;
(B) an analysis of potential sea level rise
migration corridors for blue carbon ecosystems;
(C) an analysis of anticipated fish and wildlife
uses of blue carbon ecosystems;
(D) identification of priority strategies and
investments for preserving, restoring, and enhancing
the resilience and carbon sequestration potential of
such blue carbon ecosystems; and
(E) an analysis of the role of methane emissions in
blue carbon ecosystem carbon budgets.
(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
(B) submit a revised version of such plan to such
committees every five years thereafter.
(3) Federal register.--Not less than 90 days before the
strategic plan, or any revision thereof, is submitted under
paragraph (2), the interagency working group shall publish such
plan in the Federal Register and solicit public comments on
such plan for a period of not less than 60 days.
SEC. 107. BLUE CARBON AREAS OF SIGNIFICANCE.
(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;
(2) the location of water, a substrate, or an ecosystem
that--
(A) provides for long-term storage and
sequestration of significant amounts of ecosystem
carbon; and
(B)(i) limits erosion and facilitates future
landward migration;
(ii) provides a buffer against storm surge,
especially for communities of color, low-income
communities, and Tribal and Indigenous communities; or
(iii) provides a spawning, breeding, feeding, or
nesting habitat for wildlife; and
(3) not exclusive of coastal or other resources that are
significant in for mitigating or adapting to climate change.
(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--
(A) in consultation with the Administrator, take
measures to mitigate such adverse impact;
(B) take such action as the Administrator
determines necessary to create a coastal or marine blue
carbon ecosystem storage offset that, taken in
conjunction with the proposed action, results in a long
term net increase in carbon storage, lasting an
equivalent time period as the carbon storage lost by
the adverse impact;
(C) demonstrate quantitatively, using the best
available science, that the carbon storage offset will
result in a net increase in ecological carbon storage
and is located in close proximity to the original site
to keep the affected communities whole;
(D) maintain such carbon storage offset for a
period of time to be determined by the Administrator
but not less than 100 years; and
(E) publish the agency's proposed course of
mitigation in the Federal Register for public notice
and comment.
(h) Requirement for Authorization or Appropriation.--Any requests
for a new authorization or appropriation from a Federal agency
transmitted to the Office of Management and Budget shall include, if
such authorization or appropriation may affect a 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).
SEC. 108. AUTHORIZATION OF SMITHSONIAN INSTITUTION BLUE CARBON
ACTIVITIES.
(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.
(e) Digital Tools and Resources.--The Administrator of the
Smithsonian Institution, in coordination with the Administrator and
members of the interagency working group, shall develop digital tools
and resources to support the public use of the Coastal Carbon Data
Clearinghouse.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator of the Smithsonian Institution
$5,000,000 for each of fiscal years 2022 through 2026 to carry out this
section.
SEC. 109. FEDERAL COASTAL AND MARINE BLUE CARBON RESTORATION AND
PROTECTIONS; FUNDING.
(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:
(1) The sequestration of additional carbon dioxide
through--
(A) the active restoration of degraded blue carbon
ecosystems; and
(B) the protection of threatened blue carbon
ecosystems.
(2) The halting of ongoing carbon dioxide emissions, and
the resumption of the natural rate of carbon capture, through
the restoration of drained coastal wetlands.
(3) The halting of ongoing methane emissions, and the
resumption of the natural rate of carbon storage, through the
restoration of formerly tidal wetland that has lost tidal
connectivity and become fresh wetland (commonly known as
``impounded wetland'').
(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;
(2) to the Director of the National Park Service
$200,000,000 for lands managed by such Director; and
(3) to the Administrator $200,000,000 for lands and water
managed by such Administrator.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
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.
SEC. 111. RULE OF CONSTRUCTION.
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.
SEC. 112. DEFINITIONS.
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.
(6) Carbon storage.--The term ``carbon storage'' means
sequestered carbon that remains out of the atmosphere, stored
either in biogenic material or sediments, for a period of not
less than 100 years.
(7) Interagency working group.--The term ``interagency
working group'' means the interagency working group on blue
carbon established under section 106.
TITLE II--OFFSHORE ENERGY
Subtitle A--Oil and Gas Leasing in the Outer Continental Shelf
SEC. 201. PROHIBITION OF OIL AND GAS LEASING AND OTHER ACTIVITIES IN
CERTAIN AREAS OF THE OUTER CONTINENTAL SHELF.
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--
``(1) a lease for the exploration, development, or
production of oil or natural gas; or
``(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)).''.
SEC. 202. BEST AVAILABLE TECHNOLOGY.
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.''.
Subtitle B--Offshore Renewable Energy
SEC. 211. FINDINGS; SENSE OF CONGRESS ON THE IMPORTANCE OF OFFSHORE
WIND ENERGY.
(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;
(3) the United States offshore wind resources must be
responsibly harnessed in order to both rapidly reduce our
carbon emissions and put people back to work while minimizing
impacts to the fishing industry; and
(4) achieving the goal of 30 gigawatts of offshore wind
energy capacity by 2030 is anticipated to result in the
creation of tens of thousands of living wage, family supporting
union jobs while positioning America to lead a clean energy
revolution and tackle the climate crisis.
(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;
(3) development of offshore wind resources must ensure
ecosystem health and the protection of threatened and
endangered species and their habitats; and
(4) permitting agencies must have sufficient resources to
carry out a robust and efficient review and permitting process.
SEC. 212. OUTER CONTINENTAL SHELF OFFSHORE WIND TARGETS.
(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--
(1) not less than 12.5 gigawatts of offshore wind energy
capacity on the Outer Continental Shelf by January 1, 2025; and
(2) not less than 30 gigawatts of offshore wind energy
capacity on the Outer Continental Shelf by January 1, 2030.
(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).
SEC. 213. REMOVING ROADBLOCKS FOR DATA SHARING.
Section 402(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (G), by striking ``or'';
(B) in subparagraph (H), by striking the period at
the end and insert ``; or''; and
(C) by adding at the end the following:
``(I) to the Secretary of the Interior for use
relating to siting, exploration, production, or
promotion of offshore wind energy on the outer
Continental Shelf.''; and
(2) in paragraph (2), by striking ``(H)'' and inserting
``(I)''.
SEC. 214. INCREASING FUNDING FOR SCIENTIFIC RESEARCH.
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.
SEC. 215. EXTENDING COLLABORATION WITH INDUSTRY.
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--
``(1) 2014 through 2024; or
``(2) with respect to work supporting offshore wind energy
exploration or development, 2014 through 2030.''.
SEC. 216. DEVELOPING STRATEGIES TO PROTECT WILDLIFE.
(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--
(1) the effect of offshore wind energy on wildlife,
habitat, and threatened and endangered species; and
(2) best practices for minimizing and mitigating such
effects.
(b) Requirements.--The report shall--
(1) provide a quantitative assessment of the contributions
of offshore wind energy in--
(A) reducing the amount of greenhouse gases emitted
by the electricity sector; and
(B) helping to improve human health and wildlife
populations in communities that are near offshore wind
energy areas; and
(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.
SEC. 217. OFFSHORE WIND FOR THE TERRITORIES.
(a) Application of Outer Continental Shelf Lands Act With Respect
to Territories of the United States.--
(1) In general.--Section 2 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331) is amended--
(A) in subsection (a)--
(i) by striking ``The term'' and inserting
the following:
``(1) The term.--'';
(ii) by inserting after ``control'' the
following: ``or lying within the exclusive
economic zone of the United States and the
outer Continental Shelf adjacent to any
territory of the United States''; and
(iii) by adding at the end the following:
``(2) The term `outer Continental Shelf' does not include
any area conveyed by Congress to a territorial government for
administration;''; and
(B) by adding at the end the following:
``(t) The term `State' means the several States, the Commonwealth
of Puerto Rico, Guam, American Samoa, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.''.
(2) Exclusions.--Section 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344) is amended by adding at the end the
following:
``(i) This section shall not apply to the scheduling of any lease
sale in an area of the outer Continental Shelf that is adjacent to any
insular area of the United States.''.
(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));
``(ii) the National Oceanic and Atmospheric
Administration, including the Office of
National Marine Sanctuaries and National Marine
Fisheries Service; and
``(iii) the Governor of each of American
Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, Puerto Rico, and the Virgin
Islands of the United States.
``(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.
``(D) Submission of results.--Not later than 18
months after the date of the enactment of this section,
the Secretary shall submit the results of the study
conducted under subparagraph (A) to--
``(i) the Committee on Energy and Natural
Resources of the Senate;
``(ii) the Committee on Natural Resources
of the House of Representatives; and
``(iii) each of the Delegates or the
Resident Commissioner to the House of
Representatives from American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands,
Puerto Rico, and the Virgin Islands of the
United States.
``(E) Public availability.--The Secretary shall
publish the study required under subparagraph (A) and
the results submitted under subparagraph (C) on a
public website.
``(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.
``(iii) The Secretary has consulted with
the Secretary of Defense and other relevant
Federal agencies regarding such sale.
``(iv) The Secretary has consulted with the
Governor of the territory regarding the
suitability of the area for wind energy
development.
``(B) Exception.--If no area of the outer
Continental Shelf within the territorial jurisdiction
of a territory meets each of the criteria in clauses
(i) through (iv) of subparagraph (A), the requirement
under subparagraph (A) shall not apply to such
territory.''.
SEC. 218. INCREASING FUNDING FOR COASTAL CONSERVATION AND RESILIENCE.
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).''.
SEC. 219. RESTORING OFFSHORE WIND OPPORTUNITIES.
(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.
TITLE III--CLIMATE-READY FISHERIES, EFFICIENT FISHERY VESSELS, AND BUY
AMERICAN SEAFOOD
SEC. 301. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) American wild-caught seafood is integral to the
Nation's food supply and to American food security;
(2) the seafood supply chain is often long and complex;
(3) American-caught and American-processed seafood
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.
SEC. 302. CAUGHT IN THE USA.
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
``(B) assist persons to market and promote the consumption
of--
``(i) local or domestic marine fishery products;
``(ii) environmentally and climate-friendly marine
fishery products that minimize and employ efforts to
avoid bycatch and impacts on marine mammals;
``(iii) invasive species; or
``(iv) well-managed but less known species.''.
SEC. 303. ELIMINATE FISH SUBSIDIES IN TRADE AGREEMENTS.
(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;
``(iii) affect fish stocks in any fishery--
``(I) in an overfished or worse
condition; or
``(II) whose stock levels are
declining;
``(iv) are provided to fishing enterprises
engaged in long-distance fishing, either on the
high seas or in the exclusive economic zone of
a third country;
``(v) support the transfer or reflagging of
fishing vessels to third countries, including
through the creation of joint ventures with
partners of those countries;
``(vi) are provided to the fishing
enterprises or to owners or operators of
vessels that have been determined to have
engaged in illegal, unreported, and unregulated
fishing by a coastal State or a regional
fisheries management organization; or
``(vii) reduce fuel, insurance, or other
operating costs solely for fishing enterprises
except where intended to reduce the carbon
footprint of existing fishing operations.
``(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.
``(C) To require parties to trade agreements that
are also members of the World Trade Organization to
work collaboratively at the Organization to establish
and maintain robust disciplines on fisheries
subsidies.''.
(b) Effective Date.--The amendments made by subsection (a)--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to negotiations for trade agreements
subject to the provisions of section 103 of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015
(19 U.S.C. 4202) entered into on or after such date of the
enactment.
SEC. 304. FUEL EFFICIENT FISHING VESSELS.
Section 53708(b)(2) of title 46, United States Code, is amended--
(1) in subparagraph (A) by striking ``or'' at the end;
(2) in subparagraph (B) by striking ``increased fuel
efficiency or improved safety.'' and inserting ``improved
safety; or''; and
(3) by adding at the end the following:
``(C) increasing fuel efficiency and reducing fuel
usage, which may include--
``(i) installation of solar panels;
``(ii) engine replacement or retrofit,
including the installation of new fuel-
efficient, low-emission engines, including
hybrid electric marine engines or generators;
``(iii) gearbox or propeller replacement;
``(iv) modifications to hull shape; and
``(v) modifications to fishing gear.''.
SEC. 305. CLIMATE AND FISHERIES RESEARCH AND MANAGEMENT PROGRAM.
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;
``(10) promote the increased incorporation of climate
change impacts into fisheries management at regional fishery
management organizations and other international bodies; and
``(11) advance other climate change fishery science and
management as appropriate.
``(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;
``(3) how tools and solutions identified by the program
have been or could be implemented in fishery science and
management; and
``(4) the degree to which equity in outcomes of fulfilling
programmatic duties was achieved as required by subsection
(a)(9).
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,000,000 for
each fiscal year 2022 through 2026.''.
SEC. 306. CLIMATE-READY FISHERIES INNOVATION PROGRAM.
(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;
(4) provide information and outreach to the private sector
and academic sector to encourage development and
operationalization of tools and approaches to manage the
effects of climate change on fisheries; and
(5) provide information and outreach to fishery
participants to increase understanding of and encourage
adoption and use of tools and approaches developed under the
program.
(b) Coordination of the Program.--
(1) The Administrator shall establish a process to ensure
coordination with and outreach to--
(A) regional offices and science centers of the
National Marine Fisheries Service;
(B) the Regional Fishery Management Councils;
(C) the scientific and statistical committees of
such Fishery Management Councils; and
(D) other relevant programs, including the
cooperative research and management program under
section 318 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1867), the
Integrated Ocean Observing System, and programs within
the National Oceanic and Atmospheric Administration
designed to address ocean acidification.
(2) Such coordination should include identification of
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.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $5,000,000
for each of fiscal years 2022 through 2026.
SEC. 307. REPORT ON SHIFTING STOCKS AND WAYS TO ADAPT FISHERIES FOR THE
IMPACTS OF CLIMATE CHANGE.
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;
(3) assessing factors that promote resilience of fish
stocks undergoing range shift;
(4) assessing existing Federal policies on fishing permits
and licenses in each region, including allocation between
States and jurisdictions, and whether those rules facilitate
the resilience and adaptive capacity of fisheries when stocks
shift; and
(5) identifying actions that could be taken to facilitate
the shifting, splitting, or transitioning of permits to
fishermen in the regions where stocks have shifted, consistent
with the requirements of the Magnuson-Stevens Fishery
Conservation and Management Act and other applicable law.
SEC. 308. ESSENTIAL FISH HABITAT CONSULTATION.
Section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855(b)) is amended--
(1) in paragraph (1)(A)--
(A) by inserting ``every five years'' after
``updating''; and
(B) by inserting ``, changes to habitat, in part
due to climate change,'' after ``evidence'';
(2) in paragraph (1)(D), by inserting ``and such agencies
shall take action'' after ``agencies'';
(3) by striking paragraphs (2) through (4) and inserting
after paragraph (1) the following:
``(2) Consultations regarding federal agency action with
adverse effects on essential fish habitat.--
``(A) Requirement to avoid or mitigate adverse
effects.--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
``(ii) evaluate the effectiveness of
measures to avoid, minimize, and mitigate
adverse impacts to the habitat area of
particular concern and species for which the
habitat area of particular concern is
identified, and report the results of such
evaluation to the Secretary on an annual basis.
``(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--
``(A) the action if, in the view of the Council,
such action may affect the habitat of a fishery
resource under the authority of such Council; and
``(B) the action if, in the view of the Council,
such action is likely to adversely affect the habitat
of an anadromous fishery resource under the authority
of such Council.
``(4) Information from other sources.--
``(A) Receipt of information.--
``(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.
``(ii) Any recommendations made by the
Secretary shall be made available to the public
on the website of the National Marine Fisheries
Service at the time the recommendations are
made.
``(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.
``(ii) Such responses shall be made
available to the public on the website of the
National Marine Fisheries Service at the time
that the recommendations are received.
``(C) Publication.--The Secretary shall make
available to the public--
``(i) any recommendation made under
subparagraph (A); and
``(ii) any response made by an agency under
subparagraph (B) on the date on which such
response is received.
``(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;
``(B) are sensitive to human-induced environmental
degradation;
``(C) are or will be significantly stressed by
human activities;
``(D) due to prevailing or anticipated future
environmental conditions, are or may become important
to the health of managed species; or
``(E) are rare.
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such funds as
may be necessary to carry out the requirements of this
section.''.
SEC. 309. OCEAN AQUACULTURE RESEARCH AND POLICY PROGRAM.
(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;
(2) National Sea Grant College Program; and
(3) section 2 of the Act of August 11, 1939 (15 U.S.C.
713c-3).
(d) Prioritization Within the Program.--In carrying out 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;
(4) monitoring both the individual and cumulative
environmental impacts of current and proposed small-scale
aquaculture operations to inform potential impacts of large-
scale operations and siting;
(5) offshore monitoring, remediation, and mitigation
technology development; and
(6) understanding and preparing for impacts that climate
change may have on design development, siting, and operations
of restorative aquaculture facilities and the marine
environment.
(e) Report.--Not later than 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.
(7) Economic analysis identifying the potential benefits
and impacts to commercial and recreational fishing and marine
recreation industries resulting from restorative ocean
aquaculture.
(8) Recommendations for further research and assessments
that should be supported.
(9) A sustainability classification system to assess the
various types of restorative aquaculture on a range of life
cycle ecological and social benefits and provides a composite
score with which to rank such types of restorative aquaculture.
(g) Restorative Ocean Aquaculture Defined.--The term ``restorative
ocean aquaculture'' means ocean and coastal propagation of seaweed or
shellfish farming that generates positive ecological and social impact.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $5,000,000
for each of fiscal years 2022 through 2026.
TITLE IV--COASTAL BARRIER RESOURCE ACT AMENDMENTS
SEC. 401. UNDEVELOPED COASTAL BARRIER.
Section 3(1) of the Coastal Barrier Resources Act (16 U.S.C.
3502(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``means'' and inserting ``includes'';
(2) in subparagraph (A)--
(A) in the matter preceding clause (i), by
inserting ``bluff,'' after ``barrier spit,''; and
(B) in clause (ii), by inserting ``and related
lands'' after ``aquatic habitats'';
(3) in subparagraph (B), by inserting ``, including areas
that are and will be vulnerable to coastal hazards, such as
flooding, storm surge, wind, erosion, and sea level rise''
after ``nearshore waters''; and
(4) in the matter following subparagraph (B), by striking
``, and man's activities on such features and within such
habitats,''.
SEC. 402. COASTAL HAZARD PILOT PROJECT.
(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.
(2) Number of units.--The project carried out under this
section shall consist of the creation of maps for at least 10
percent of the System and may also identify additional new
System units.
(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.
(2) Contents.--The report shall include a description of--
(A) the final recommended digital maps created
under the coastal hazard pilot project;
(B) recommendations for the adoption of the digital
maps created under this section by Congress;
(C) a summary of the comments received from the
Governors of the States, other government officials,
and the public regarding the definitions, criteria, and
maps;
(D) a description of the criteria used for the
project and any related recommendations; and
(E) the amount of funding necessary for completing
coastal hazard maps for the entire System.
(c) Consultation.--The Secretary shall prepare the report required
under subsection (b)--
(1) in consultation with the Governors of the States in
which any newly identified areas are located; and
(2) after--
(A) providing an opportunity for the submission of
public comments; and
(B) considering any public comments submitted under
subparagraph (A).
SEC. 403. REPORT ON EXPANDING COASTAL BARRIER RESOURCES ACT TO THE
PACIFIC COAST, INCLUDING PACIFIC TERRITORIES AND FREELY
ASSOCIATED STATES.
(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)--
(1) in consultation with the Governors of the affected
States, Pacific Territories, and Freely Associated States; and
(2) after providing an opportunity for the submission and
consideration of public comments.
(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.
SEC. 404. REQUIRE DISCLOSURE TO PROSPECTIVE BUYERS THAT PROPERTY IS IN
THE 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
``(ii) of any boundary modification
affecting such person's interest prior to, any
boundary modifications taking affect,
regardless of whether--
``(I) any such modification is made
by Congress or any other administering
agency;
``(II) is technical in nature; or
``(III) the modification is an
addition or reduction of lands and
waters.
``(B) There is authorized to be appropriated such
sums as may be necessary to carry out this paragraph.
``(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).
``(4) Online reporting system.--Not later than one year
after the date of the enactment of the Ocean-Based Climate
Solutions Act of 2022, the Secretary shall establish and
maintain an online reporting system to facilitate notifications
to the Secretary required by paragraph (3).
``(5) Civil penalty.--Any person who violates this
subsection shall be subject to a civil penalty of not more than
$10,000.''.
SEC. 405. IMPROVE FEDERAL AGENCY COMPLIANCE WITH COASTAL BARRIER
RESOURCES ACT.
(a) In General.--Section 7 of the Coastal Barrier Resources Act (16
U.S.C. 3506) is amended--
(1) in subsection (a)--
(A) by striking ``the Coastal Barrier Improvement
Act of 1990'' and inserting ``Ocean-Based Climate
Solutions Act of 2022''; and
(B) by striking ``promulgate regulations'' and
inserting ``revise or promulgate regulations and
guidance, as necessary,''; and
(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.
``(2) Certification.--The Secretary shall annually certify
whether each such agency is in compliance with this Act.
``(3) Failure to comply.--If the Secretary certifies that
an agency is not in compliance with this Act, the head of the
agency shall report to Congress not later than 90 days after
the date of such certification regarding how the agency will
achieve compliance.''.
(b) Technical Correction.--Section 3(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''.
SEC. 406. EXCESS FEDERAL PROPERTY.
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:
``(3) Excess federal property.--Notwithstanding the
provisions of section 3(1) and subsection (g) of this Act, the
term `undeveloped coastal barrier' means any coastal barrier
regardless of the degree of development.''.
SEC. 407. EMERGENCY EXCEPTIONS TO LIMITATIONS ON EXPENDITURES.
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.''.
SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
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.''.
TITLE V--COASTAL ZONE MANAGEMENT ACT AMENDMENTS
SEC. 501. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
(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.--
``(1) In general.--The Federal share of the cost of any
activity carried out with a grant of $200,000 or more under
this section shall not exceed 95 percent of such cost, except
as provided in paragraph (2).
``(2) Waiver.--The Secretary may waive the application of
paragraph (1) with respect to a grant to an Indian Tribe, or
otherwise reduce the portion of the share of the cost of an
activity required to be paid by an Indian Tribe under such
paragraph.
``(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--
``(i) important ecological, cultural, or
sacred significance for such Tribe; or
``(ii) traditional, historic, and aesthetic
values essential to such Tribe.
``(B) Preparing and implementing a special area
management plan and technical planning for important
coastal areas.
``(C) Any coastal or shoreline stabilization
measure, including any mitigation measure, for the
purpose of public safety, public access, or cultural or
historical preservation.''.
(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:
``(F) fulfilling any Tribal coastal zone objective (as that
term is defined in section 320).''.
(d) Other Programs Not Affected.--Nothing in this section and the
amendments made by this section may be construed to affect the ability
of an Indian Tribe to apply for, receive assistance under, or
participate in any program authorized by the Coastal Zone Management
Act of 1972 (16 U.S.C. 1451 et seq.) or other related Federal laws.
SEC. 502. ELIGIBILITY OF DISTRICT OF COLUMBIA FOR FEDERAL FUNDING.
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''.
SEC. 503. COASTAL AND ESTUARINE RESILIENCE AND RESTORATION PROGRAM.
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--
``(1) protecting important coastal and estuarine areas
that--
``(A) have significant conservation, recreation,
coastal access, ecological, historical, or aesthetic
value;
``(B) are threatened by conversion from their
natural, undeveloped, or recreational state to other
uses; or
``(C) could be managed or restored to effectively
conserve, enhance, or restore ecological function or
mitigate climate change; or
``(2) restoring developed property in vulnerable coastal
and estuarine areas to a natural state to restore ecological
function, allow for shoreline migration, and protect coastal
communities.'';
(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;
``(iii) are within or adjacent to a national
estuarine research reserve designated under section
315, a national wildlife refuge, or a national estuary
program, or are proposed for designation as such a
reserve or other such protected area; or
``(iv) are under threat due to climate change or
may serve to mitigate the adverse effects of climate
change, including through the storage of blue carbon,
and to facilitate inland migration of coastal
ecosystems in response to sea level rise.''; and
(B) in paragraph (10), by striking ``triennially''
and inserting ``every 5 years'';
(4) in subsection (f)--
(A) in paragraph (2)(B), by inserting ``for any
territory of the United States that is unable to
provide such match,'' after ``community,''; and
(B) in paragraph (4)--
(i) in subparagraph (A)(i), by striking
``meets the criteria set forth in section
2(b)'' and inserting ``the goals set forth in
subsection (b)'';
(ii) by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph
(B);
(iii) in subparagraph (B) (as so
redesignated), by striking ``described in (A)''
and inserting ``described in subparagraph
(A)'';
(iv) by inserting at the end the following
new subparagraph:
``(C) The value of ecosystem services that the
acquired land provides, including as a buffer for storm
surge, habitat for economically valuable species, and
as a blue carbon sink.'';
(5) in subsection (g), by striking ``15'' and inserting
``20'';
(6) in subsection (h), by striking the second sentence; and
(7) in subsection (l), by striking ``fiscal years 2009
through 2013'' and inserting ``fiscal years 2022 through
2026''.
SEC. 504. COASTAL ZONE MANAGEMENT FUND.
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).
``(2) Eligible uses.--A State may use funds provided under
this subsection to--
``(A) improve resilience to future severe coastal
flood hazards including activities and projects related
to--
``(i) publicly owned infrastructure;
``(ii) residential and commercial
structures;
``(iii) natural infrastructure; or
``(iv) waste disposal sites and industrial
facilities;
``(B) assess damages after a major disaster
described in paragraph (1);
``(C) plan, design, or engineer a project to--
``(i) restore, expand, install, or relocate
natural infrastructure;
``(ii) remove damaged assets, restore sites
to safe conditions, and select alternative
sites; or
``(iii) facilitate the landward migration
of coastal ecosystems; or
``(D) implement a project described by subparagraph
(C).
``(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;
``(C) be developed in conjunction with local
governments in the coastal zone of the State or Tribe
and provided for public review and comment on the plan,
including holding a public hearing and engaging
disadvantaged communities; and
``(D) be substantially consistent with the guidance
issued under subsection (e)(1)(C).
``(3) Criteria.--In determining the amount of a grant under
this subsection, the Secretary shall consider the--
``(A) area and population of the coastal zone of
the applicant State or Tribe;
``(B) the risks that severe coastal flood hazards
pose to the State or Tribe; and
``(C) the reduction of severe coastal flood hazards
expected as a result of the proposal.
``(4) Limitation on amount of funds to be awarded.--Grants
made pursuant to this subsection in any fiscal year shall not
exceed 50 percent of the funds in the Fund as a result of
appropriations pursuant to subsection (i)(1).
``(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;
``(iv) protect waste disposal facilities in
areas at risk of severe coastal flood hazards
or relocate such facilities to alternative
sites; and
``(v) facilitate the landward migration of
coastal ecosystems.
``(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--
``(A) the area and population of the coastal zone
of the State or Tribe;
``(B) the risks that severe coastal flood hazards
pose in the State or Tribe's lands and the reduction of
coastal flood hazards expected as a result of the
proposal;
``(C) demonstration of innovative approaches to
preparing for severe coastal flood hazards; and
``(D) benefits to disadvantaged communities
identified in a plan approved under this subsection.
``(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.
``(E) Creation, not later than one year after the
date of the enactment of this section, and periodic
updating, of an online dashboard describing the key
features of State, Tribe, or local government
requirements for disclosure of severe coastal flood
hazards to buyers of real estate.
``(F) Establishment, not later than one year after
the date of the enactment of this section, after
consultation with the Secretary of the Environmental
Protection Agency, of standards for restoration to safe
conditions of sites from which infrastructure or other
structures have been relocated.
``(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;
``(I) identify tools to identify waste disposal
sites and related sites that pose a risk of water
pollution as a result of severe coastal flood hazards
and describe practices the State or Tribe should
consider to protect or relocate such facilities or
sites; and
``(J) describe opportunities to improve public
access to the shoreline as a result of improved
preparedness for severe coastal flood hazards.
``(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--
``(A) temporary flooding resulting from coastal
storms and storm surge, tsunamis, and changing lake
levels; and
``(B) permanent inundation from rising sea levels
and land subsidence, including landward migration of
shorelines impacting residential and commercial
property, infrastructure, and ecosystems.
``(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.
``(7) Municipal green infrastructure.--The term `municipal
green infrastructure' has the meaning given the term `green
infrastructure' in paragraph (27) of section 1362 of title 33,
United States Code.
``(8) Safe conditions.--The term `safe conditions' refers
to standards for restoration of sites from which infrastructure
or structures are relocated established by the Secretary
pursuant to subsection (f)(1)(F) are protective of human health
and the environment.
``(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.''.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
Section 318(a) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1464) is amended to read as follows:
``(a) Sums Appropriated to the Secretary.--There are authorized to
be appropriated to the Secretary, to remain available until expended--
``(1) for grants under sections 306, 306A, and 309,
$95,000,000 for each of fiscal years 2022 through 2026; and
``(2) for grants under section 315, $37,000,000 for each of
fiscal years 2022 through 2026.''.
SEC. 506. AMENDMENTS TO NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM
PROGRAM.
(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--
(1) full representation of biogeographic regions, States,
and Territories; and
(2) each coastal State or Territory (as that term is
defined in that Act).
(b) Guidelines for Tracking and Modeling the Impacts of Climate
Change.--Section 315(c) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1461(c)) is amended--
(1) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6); and
(2) by inserting after paragraph (2) the following:
``(3) the establishment of coordinated long-term data
monitoring and methods throughout the System for tracking and
modeling the impacts of climate change on estuarine systems,
including impacts on lake levels and sea levels;''.
(c) 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;
``(5) identify priority places for land acquisition,
especially those lands required to enhance resilience to
environmental change; and
``(6) engage coastal communities, stakeholders, and the
public in education programs to increase scientific literacy of
coastal environments, and to develop and train capable
environmental stewards.
``(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;
``(4) coastal training programs that provide technical
assistance to coastal communities, resource managers, and
coastal decisionmakers; and
``(5) the lands and facilities that support such accessible
research, monitoring, stewardship, education, and coastal
training activities.
``(k) Definitions.--In this section, the following definitions
apply:
``(1) Collaborative research.--The term `collaborative
research' means the engagement of local decisionmakers and
stakeholders directly in the research process so that their
knowledge and needs will inform research questions, data
analysis, and use of the products generated by the research.
``(2) Sentinel site.--The term `sentinel site' means a site
with long-term research and monitoring capability to detect,
document, and respond to emerging environmental changes that
impact natural and human systems.''.
SEC. 507. WORKING WATERFRONTS GRANT PROGRAM.
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--
``(i) economic and cultural importance of
working waterfronts to communities;
``(ii) changing environments and threats
working waterfronts face from environmental
changes, trade barriers, sea level rise,
extreme weather events, ocean acidification,
and harmful algal blooms; and
``(iii) identifying working waterfronts and
highlighting them within communities;
``(B) outline options, in coordination with coastal
States and local stakeholders, to address such critical
needs, including adaptation and mitigation where
applicable;
``(C) identify Federal agencies that are
responsible for addressing such critical needs; and
``(D) recommend Federal agencies best suited to
address any critical needs for which no agency is
responsible under existing law.
``(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.
``(5) Report.--Not later than 18 months after the date of
the enactment of this section, the task force shall submit a
report to Congress on its findings.
``(6) Implementation.--The head of each Federal agency
identified in the report pursuant to paragraph (3)(C) shall
take such action as is necessary to implement the
recommendations contained in the report by not later than one
year after the date of issuance of the report.
``(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.
``(B) In developing guidelines under this section,
the Secretary shall consult with coastal States, other
Federal agencies, and other interested stakeholders
with expertise in working waterfronts planning.
``(C) Coastal States may allocate grants to local
governments, agencies, or nongovernmental organizations
eligible for assistance under this section.
``(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
``(E) the impact of the working waterfronts plan
approved for the coastal State under subsection (c) on
the coastal ecosystem and the users of the coastal
ecosystem.
``(4) Timeline for approval.--The Secretary shall approve
or reject an application for such a grant not later than 60
days after receiving an application for the grant.
``(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;
``(vii) for areas identified under clauses
(iii), (iv), (v), and (vi), identification of
current availability and potential for
expansion of public access to coastal waters;
``(viii) a description of the degree of
community support for such strategic plan; and
``(ix) a contingency plan for properties
that revert to the coastal State pursuant to
determinations made by the coastal State under
subsection (g)(4)(C);
``(C) may include detailed descriptions of
environmental impacts on working waterfronts, including
hazards, sea level rise, inundation exposure, and other
resiliency issues;
``(D) may be part of the management program
approved under section 306;
``(E) shall utilize to the maximum extent
practicable existing information contained in relevant
surveys, plans, or other strategies to fulfill the
information requirements under this paragraph; and
``(F) shall incorporate the policies and
regulations adopted by communities under local working
waterfronts plans or strategies in existence before the
date of the enactment of this section.
``(3) A working waterfront plan--
``(A) shall be effective for purposes of this
section for the 5-year period beginning on the date it
is approved by the Secretary;
``(B) must be updated and re-approved by the
Secretary before the end of such period; and
``(C) shall be complimentary to and incorporate the
policies and objectives of regional or local working
waterfronts plan as in effect before the date of the
enactment of this section or as subsequently revised.
``(4) The Secretary may--
``(A) award planning grants to coastal States for
the purpose of developing or revising comprehensive
working waterfronts plan;
``(B) award grants consistent with the purposes of
this section to States undertaking the working
waterfronts planning process under this section, for
the purpose of preserving and protecting working
waterfronts during such process; and
``(C) determine that a preexisting coastal land use
plan for that State is in accordance with the
requirements of this subsection.
``(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--
``(1) to acquire a working waterfronts, or an interest in a
working waterfront;
``(2) to make improvements to a working waterfronts,
including the construction or repair of wharfs, boat ramps, or
related facilities; or
``(3) for necessary climate change adaptation or
mitigation.
``(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.
``(2) A grant awarded under this section may be used to
acquire working waterfronts or an interest in working
waterfronts at less than fair market value only if the owner
certifies to the Secretary that the sale is being entered into
willingly and without coercion.
``(3) No Federal, State, or local entity may exercise the
power of eminent domain to secure title to any property or
facilities in connection with a project carried out under this
section.
``(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--
``(i) all right, title, and interest in and
to the working waterfronts covered by such
covenant shall, except as provided in
subparagraph (D), revert to the coastal State;
and
``(ii) the coastal State shall have the
right of immediate entry onto the working
waterfronts; and
``(D) if a coastal State makes a determination
under subparagraph (C), the coastal State may convey or
authorize the qualified holder to convey the working
waterfront or interest in working waterfronts to
another qualified holder.
``(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;
``(C) assist States in developing other tools to
protect working waterfronts;
``(D) collect and disseminate to States guidance
for best stormwater management practices in regards to
working waterfronts;
``(E) provide technical assistance to States and
local governments on integrating resilience planning
into working waterfronts preservation efforts; and
``(F) collect and disseminate best practices on
working waterfronts and resilience planning.
``(k) Reports.--
``(1) The Secretary shall--
``(A) develop performance measures to evaluate and
report on the effectiveness of the program under this
section in accomplishing the purpose of this section;
and
``(B) submit to Congress a biennial report that
includes such evaluations, an account of all
expenditures, and descriptions of all projects carried
out using grants awarded under this section.
``(2) The Secretary may submit the biennial report under
paragraph (1)(B) by including it in the biennial report
required under section 316.
``(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
``(D) such covenant is subject to enforcement and
oversight by the coastal State or by another person as
determined appropriate by the Secretary.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $12,000,000 for each of fiscal years 2022
through 2026 to carry out this section.''.
TITLE VI--INSULAR AFFAIRS
SEC. 601. DEFINITIONS.
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.
(2) Territory.--The term ``Territory'' means American
Samoa, the Commonwealth of the Northern Mariana Islands, Guam,
Puerto Rico, or the Virgin Islands of the United States.
(3) Insular areas.--The term ``Insular Areas'' means the
Territories and the Freely Associated States.
SEC. 602. INSULAR AREA CLIMATE CHANGE INTERAGENCY TASK FORCE.
(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''):
(1) The Secretary of the Interior.
(2) The Secretary of Energy.
(3) The Secretary of State.
(4) The Secretary of Housing and Urban Development.
(5) The Secretary of Agriculture.
(6) The Secretary of Commerce.
(7) The Secretary of the Federal Emergency Management
Agency.
(8) The Secretary of the Environmental Protection Agency.
(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;
(2) identify statutory barriers to providing territories
greater access to Federal programs and equitable baseline
funding; and
(3) in consultation with local governments and
nongovernmental organizations, provide recommendations related
to climate change in Insular Areas.
(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--
(1) identifies Federal programs that have an impact on
climate change planning, mitigation, adaptation, and
resilience, but exclude territories in regard to eligibility,
funding, and assistance, or do not provide equitable baseline
funding in relation to States; and
(2) provides advice and recommendations related to climate
change in Insular Areas, such as new suggested Federal programs
or initiatives.
(e) Publication; Public Availability.--The Administrator of the
Federal Emergency Management Agency shall ensure that the report
required under subsection (d) is--
(1) submitted to the Committees on Energy and Commerce and
Natural Resources of the House of Representatives, and Energy
and Natural Resources of the Senate;
(2) published in the Federal Register for public comment
for a period of at least 60 days; and
(3) made available on a public website along with any
comments received during the public comment period required
under paragraph (2).
SEC. 603. RUNIT DOME REPORT AND MONITORING ACTIVITIES.
(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:
(A) The ``Runit Dome'' nuclear waste disposal site.
(B) Crypts used to contain nuclear waste and other
toxins on Enewetak Atoll.
(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.
(E) Radionuclides and other toxins that may be
present in the drinking water on Enewetak Island or in
the water source for the desalination plant.
(F) Radionuclides and other toxins that may be
present in the ground water under and in the vicinity
of the nuclear waste disposal facility on Runit Island.
(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.
(3) A detailed plan, including costs, to relocate all of
the nuclear waste and other toxic waste contained in--
(A) the ``Runit Dome'' nuclear waste disposal site;
(B) all of the crypts on Enewetak Atoll containing
such waste; and
(C) the three dumping areas in Enewetak's lagoon to
a safe, secure facility to be constructed in an
uninhabited, unincorporated territory of the United
States.
(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)).
SEC. 604. COASTAL MANAGEMENT TECHNICAL ASSISTANCE AND REPORT.
(a) Technical Assistance.--
(1) In general.--The Administrator, acting through the
Director of the Office for Coastal Management, shall provide
technical assistance to Insular Areas to enhance coastal
management and climate change programs of the Insular Areas.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $5,000,000 for each of fiscal years 2022 through
2026.
(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:
(1) Wetland, mangrove, and estuary conditions.
(2) Climate change impacts, including ecological, economic,
and cultural impacts.
SEC. 605. CLIMATE CHANGE INSULAR RESEARCH GRANT PROGRAM.
(a) In General.--The Administrator shall establish a Climate Change
Insular Research Grant Program to provide grants to institutions of
higher education in Insular Areas for monitoring, collecting,
synthesizing, analyzing, and publishing local climate change data.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $5,000,000
for each of fiscal years 2022 through 2026.
SEC. 606. NATIONAL WEATHER SERVICE TECHNICAL ASSISTANCE GRANTS.
(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.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $5,000,000 for each of fiscal years 2022 through
2026.
(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.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $5,000,000 for each of fiscal years 2022 through
2026.
SEC. 607. CORAL REEF PRIZE COMPETITIONS.
(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--
(1) by striking the enumerator and heading for paragraph
(2) and inserting the following:
``(2) Waivers.--
``(A) Need and benefit.--''; and
(2) by adding at the end of paragraph (2) the following:
``(B) Sustaining coral reef management and
monitoring.--The 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.''.
SEC. 608. OCEAN AND COASTAL MAPPING INTEGRATION ACT.
Section 12204 of the Ocean and Coastal Mapping Integration Act (33
U.S.C. 3503) is amended--
(1) in paragraph (12) by striking ``and'';
(2) in paragraph (13) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(14) the study of insular areas and the effects of
climate change.''.
SEC. 609. OFFICE OF INSULAR AFFAIRS TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--The Secretary of the Interior, acting through the
Office of Insular Affairs Technical Assistance Program, shall provide
technical assistance for climate change planning, mitigation, and
adaptation to Territories and Freely Associated States under the
jurisdiction of such Program.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 2022 through 2026.
SEC. 610. NON-FEDERAL COST-SHARE WAIVER.
Section 501 of the Omnibus Territories Act of 1977 (48 U.S.C.
1469a), is amended by adding at the end the following:
``(e) Notwithstanding any other provision of law, in the case of
the Insular Areas, any department or agency shall waive any requirement
for non-Federal matching funds under $750,000 (including in-kind
contributions) required by law to be provided by those
jurisdictions.''.
SEC. 611. DISASTER RELIEF NON-FEDERAL COST-SHARE WAIVER.
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.
TITLE VII--STRENGTHENING MARINE MAMMAL CONSERVATION
SEC. 701. 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 amended by inserting after section 120 the
following:
``SEC. 121. CONSERVATION OF MARINE MAMMALS ADVERSELY AFFECTED BY
CLIMATE CHANGE.
``(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) listed under paragraph (1)(B), within 30
months after the listing.
``(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
``(iv) take any other action as may be necessary to
implement the strategy set forth in the plan.
``(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--
``(A) actions taken to implement this section;
``(B) any backlog in meeting the schedule set forth
in this subsection for adopting, reviewing, and
implementing climate impact management plans, or
additional resources necessary to address any such
backlog; and
``(C) the effectiveness of implementation and
sufficiency of the measures adopted in climate impact
management plans, and any recommendations for improving
the process or the applicable legislation.
``(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;
``(4) improve understanding of the impacts of climate
change on marine mammal species and population stocks; and
``(5) assess the direct and indirect contributions of
marine mammals to carbon reduction, including through carbon
sequestration and nutrient cycling.
``(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--
``(A) direct and indirect mortality and serious
injury;
``(B) loss or degradation of habitat;
``(C) changes in the distribution or availability
of prey;
``(D) changes in the distribution of marine mammal
species and population stocks;
``(E) decreased genetic diversity or reproductive
success;
``(F) increased susceptibility to pathogens; and
``(G) increased likelihood of interactions with
fisheries and other human activities; and
``(2) no later than 90 days after the close of the period
for such public comment, publish in the Federal Register final
regulations for listing marine mammals as required by
subsection (a), to be reviewed at least once every three years.
``(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--
``(1) periodically review the status of agreements with
foreign governments under section 108(a) concerning the
management of transboundary marine mammal species and
population stocks, and their prey species, that are or may be
affected by climate change; and
``(2) through the Secretary of State, initiate the
amendment of any such agreement, or negotiations for the
development of bilateral or multinational agreements,
consistent with the goals and policies of this section.
``(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.
``(h) Authorization of Appropriations.--
``(1) There is authorized to be appropriated to the
Secretary carry out this section, $5,000,000 for each of fiscal
years 2022 through 2026.
``(2) There is authorized to be appropriated to the Marine
Mammal Commission to carry out this section, $1,000,000 for
each of fiscal years 2022 through 2026.''.
(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.''.
SEC. 702. VESSEL RESTRICTIONS IN MARINE MAMMAL HABITAT.
(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
``(2) implement for such species, as appropriate, dynamic
management area programs incorporating mandatory vessel
restrictions to protect marine mammals from vessel strikes or
other vessel-related impacts occurring outside designated areas
of importance.
``(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
``(B) areas of high marine mammal mortality,
injury, or harassment, including the disruption of
vocalization patterns and masking of biologically
important sounds, caused by vessel strikes or
underwater vessel noise;
``(2) may include--
``(A) any area designated as a National Marine
Sanctuary, Marine National Monument, National Park, or
National Wildlife Refuge; and
``(B) areas of high marine mammal primary
productivity with year-round or seasonal aggregations
of marine mammals to which this section applies.
``(c) Deadline for Regulations.--Not later than 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
``(B) publish any revisions under subparagraph (A)
in the Federal Register after notice and opportunity
for public comment within 24 months.
``(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
``(B) shall not apply to--
``(i) vessels owned, operated, or under
contract by the Department of Defense or the
Department of Homeland Security, or engaged in
military operations with such vessels; or
``(ii) law enforcement vessels of the
Federal Government or of a State or political
subdivision thereof, when such vessels are
engaged in law enforcement or search and rescue
duties.
``(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.
``(3) Clarification.--Vessels described in subparagraph (B)
of paragraph (2) are encouraged to abide by the speed
restriction whenever it is, in the judgment of the masters of
such vessels, feasible and practicable to do so without
impairing the operations in which they are engaged.
``(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;
``(B) affects or modifies any obligation under
Federal law; or
``(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.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is further amended by inserting after the item relating to
section 121 the following:
``Sec. 122. Vessel restrictions in marine mammal habitat.''.
SEC. 703. MONITORING OCEAN NOISE FOR MARINE MAMMAL PROTECTION.
(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;
(2) continue to develop and apply standardized forms of
measurements to assess sounds produced by marine animals,
physical processes, and anthropogenic activities; and
(3) coordinate and make accessible to the public the
datasets, modeling and analysis, and user-driven products and
tools, resulting from observations of underwater sound funded
through grants authorized by this section.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to support integrated ocean
observations activities carried out under this section, $1,500,000 for
each of fiscal years 2022 through 2026.
SEC. 704. GRANTS FOR SEAPORTS TO ESTABLISH PROGRAMS TO REDUCE THE
IMPACTS OF VESSEL TRAFFIC AND PORT OPERATIONS ON MARINE
MAMMALS.
(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--
(1) reducing underwater noise related to marine traffic;
(2) reducing vessel strike mortality and other physical
disturbances;
(3) enhancing marine mammal habitat, including the habitat
for prey of marine mammals; or
(4) monitoring underwater noise, vessel interactions with
marine mammals, or other types of monitoring that are
consistent with reducing the threats to and enhancing the
habitats of marine mammals.
(c) Priority.--The Administrator 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;
(2) project higher levels of--
(A) reduction of noise from vessels; and
(B) reduction of disturbance or vessel strike
mortality risk; and
(C) reduction of noise influence National Marine
Sanctuaries, Marine National Monuments, National Parks,
National Wildlife Refuges, and other Federal, State,
and local marine protected areas; or
(3) allow eligible entities to conduct risk assessments,
and track progress toward threat reduction and habitat
enhancement; including protecting coral reefs from encroachment
by commerce and shipping lanes.
(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--
(1) a port authority for a seaport;
(2) a State, regional, local, or Tribal agency that has
jurisdiction over a maritime port authority or a seaport; or
(3) a private or government entity, applying for a grant
awarded under this section in collaboration with another entity
described in paragraph (1) or (2), that owns or operates a
maritime terminal.
(f) Report.--The Administrator and the Director of the Fish and
Wildlife Service shall submit annually to the Committee on Natural
Resources of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate, a report that
includes the following:
(1) The name and location of each entity receiving a grant.
(2) Amount of each grant.
(3) The name and location of the seaport in which the
activities took place.
(4) A description of the activities carried out with the
grant funds.
(5) An estimate of the impact of the project to reduce
threats or enhance habitat of marine mammals.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator for carrying out this section,
$5,000,000 for each of fiscal years 2022 through 2026, to remain
available until expended.
SEC. 705. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE
WHALES.
(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--
(A) core foraging habitats of North Atlantic right
whales, including but not limited to--
(i) the ``South of the Islands'' core
foraging habitat;
(ii) the ``Cape Cod Bay Area'' core
foraging habitat;
(iii) the ``Great South Channel'' core
foraging habitat; and
(iv) the Gulf of Maine; and
(B) important feeding, breeding, calving, rearing,
or migratory habitats of North Atlantic right whales
that co-occur with areas of high risk of mortality,
injury, or harassment of such whales from vessel
strikes, disturbance from development activities, and
entanglement in commercial fishing gear.
(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;
(C) take advantage of dynamic habitat suitability
models that help to discern the likelihood of North
Atlantic right whale occurrence in core foraging
habitat at any given time;
(D) coordinate with the Integrated Ocean Observing
System to leverage monitoring assets;
(E) integrate new near real-time monitoring methods
and technologies as they become available;
(F) accurately verify and rapidly communicate
detection data; and
(G) allow for ocean users to contribute data that
is verified to be collected using comparable near real-
time monitoring methods and technologies.
(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--
(i) a description of the monitoring methods
and technology in use or planned for
deployment;
(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;
(iii) how the monitoring system is directly
informing and improving species management and
mitigation in near real-time across ocean
sectors whose activities pose a risk to North
Atlantic right whales; and
(iv) a prioritized identification of gaps
in technology or methods requiring future
research and development.
(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
(ii) a budget and description of
appropriations necessary to carry out the
strategic plan pursuant to the requirements of
clause (i).
(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.
(2) Real-time.--The term ``real-time'' means that visual,
acoustic, or other detections of North Atlantic right whales
are transmitted and reported as soon as technically feasible,
and no longer than 24 hours, after they have occurred.
(3) Large whale.--The term ``large whale'' means all
Mysticeti species and species within the genera Physeter and
Orcinus.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to support development, deployment,
application and ongoing maintenance of the monitoring system as
required by this section, $5,000,000 for each of fiscal years 2022
through 2026.
SEC. 706. GRANTS TO SUPPORT TECHNOLOGY THAT REDUCES UNDERWATER NOISE
FROM VESSELS.
(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--
(1) a corporation established under the laws of the United
States; or
(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)).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator for carrying out this section,
$5,000,000 for each of fiscal years 2022 through 2026, to remain
available until expended.
SEC. 707. NAVAL TECHNOLOGY TRANSFER FOR QUIETING FEDERAL NONCOMBATANT
VESSELS.
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.
TITLE VIII--INTERNATIONAL AGREEMENTS, EFFORTS IN THE ARCTIC, AND BUREAU
OF INDIAN AFFAIRS TRIBAL RESILIENCE PROGRAM
Subtitle A--International Agreements
SEC. 801. LAW OF THE SEA CONVENTION.
(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.
(5) The Convention imposes minimum requirements for ocean
protections; the United States is already meeting or exceeding
those requirements and could therefore positively influence
international marine conservation by being party to the
Convention.
(6) A diverse array of bipartisan Presidents and lawmakers,
military leaders, industry stakeholders, and environmental
organizations support ratification of the Convention, finding
that it is in the United States' best economic, political, and
environmental interest to ratify.
(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--
(A) the Convention on the Territorial Sea and the
Contiguous Zone;
(B) the Convention on the High Seas;
(C) the Convention on the Continental Shelf; and
(D) the Convention on Fishing and Conservation of
the Living Resources of the High Seas;
(3) 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.
SEC. 802. UNITED NATIONS SUSTAINABLE DEVELOPMENT GOAL 14.
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--
(1) the manner and extent to which the United States has
made progress toward achieving the targets of the 14th
Sustainable Development Goal of the United Nations (relating to
conserving and sustainably using the oceans, seas, and marine
resources); and
(2) plans for future United States actions to achieve those
targets.
SEC. 803. MARINE PROTECTED AREAS IN AREAS BEYOND NATIONAL JURISDICTION.
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.
Subtitle B--Efforts in the Arctic
SEC. 811. PLAN FOR THE UNITED STATES TO CUT BLACK CARBON EMISSIONS TO
33 PERCENT BELOW 2013 LEVELS BY 2025.
(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--
(1) the measures the Federal Government will take to
achieve such targeted emissions levels;
(2) the measures the Federal Government will take to
prioritize black carbon emission reduction in communities of
color, Tribal and Indigenous communities, and low-income
communities; and
(3) how the United States may use multilateral and
bilateral diplomatic tools to encourage and assist other member
countries of the Arctic Council to fulfill the goals announced
in 2017.
(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);
(2) not later than one year after the date of the enactment
of this Act, and every three years thereafter, a report on the
progress made toward implementing the plan submitted pursuant
to subsection (b); and
(3) not later than January 1, 2025, a proposal for further
reductions in black carbon emissions in the United States that
should be accomplished by 2030.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Natural Resources, and the Committee on Energy and Commerce of
the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Commerce, Science, and Transportation, the Committee on
Environment and Public Works, and the Committee on Energy and
Natural Resources of the Senate.
(f) Public Comment.--The Secretary of State shall--
(1) before submitting each such plan or report to the
appropriate congressional committees under subsection (c)--
(A) consult with Indian Tribes and Indigenous
communities;
(C) provide a period of at least 90 days for public
comment on each such plan or report; and
(2) after each such period for public comment, continue to
make the proposed plan and report, as well as the comments
received, available to the public on an appropriate website.
Subtitle C--Bureau of Indian Affairs Tribal Resilience Program
SEC. 821. BUREAU OF INDIAN AFFAIRS TRIBAL RESILIENCE PROGRAM.
(a) Establishment.--The Secretary of the Interior shall establish a
program to--
(1) improve the resilience of Indian Tribes to the effects
of a changing climate;
(2) support building strong Tribal and Indigenous
communities that are resilient to climate change;
(3) ensure agency effectiveness in fulfilling Federal
Indian trust responsibilities in the face of climate change;
and
(4) ensure the development of modern, cost-effective
infrastructure in Tribal and Indigenous communities.
(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:
(A) Development and delivery of adaptation
training.
(B) Adaptation planning, vulnerability assessments,
emergency preparedness planning, and monitoring.
(C) Capacity building through travel support for
training, technical sessions, and cooperative
management forums.
(D) Travel support for participation in ocean and
coastal planning.
(E) Development of science-based information and
tools to enable adaptive resource management and the
ability to plan for resilience.
(F) Relocation of villages or other communities
experiencing or susceptible to coastal or river erosion
and flooding.
(G) Construction of infrastructure to support
emergency evacuations related to climate change.
(H) Restoration of ecosystems and construction of
natural and nature-based features to address risks from
coastal and riverine flooding and erosion.
(I) Restoration, relocation, and repair of
infrastructure damaged by melting permafrost or coastal
or river erosion and flooding.
(J) Installation and management of energy systems
that reduce energy costs and greenhouse gas emissions
compared to the energy systems in use before that
installation and management.
(K) Construction and maintenance of social or
cultural infrastructure that supports resilience.
(3) Applications.--An Indian Tribe 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--
(1) work with Indian Tribes and Indigenous communities to
collect and share data and information, including traditional
ecological knowledge, about how the effects of a changing
climate are relevant to Indian Tribes and Indigenous
communities; and
(2) identify opportunities for the Federal Government to
improve collaboration and assist with adaptation and mitigation
efforts that promote resilience.
(d) Tribal Resilience Liaison.--The Secretary of the Interior shall
establish a Tribal resilience liaison to--
(1) coordinate with Indian Tribes, Indigenous communities,
and relevant Federal agencies regarding the program under this
section, grant opportunities related to the program, climate
adaptation, and climate resilience planning; and
(2) help ensure Tribal and Indigenous engagement in climate
conversations at the Federal level.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $200,000,000 for each of fiscal
years 2022 through 2026.
TITLE IX--COASTAL RESILIENCY AND ADAPTATION
SEC. 901. LIVING SHORELINE GRANT PROGRAM.
(a) Establishment.--The Administrator shall make grants to eligible
entities for the purposes of--
(1) designing and implementing large- and small-scale,
climate-resilient living shoreline projects; and
(2) applying innovative uses of natural materials and
systems to protect coastal communities, habitats, and natural
system functions.
(b) Project Proposals.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the Administrator a
proposal for a living shoreline project that includes--
(1) monitoring, data collection, and measurable performance
criteria with respect to the project; and
(2) an engagement or education component that seeks and
solicits input and feedback from the local or regional
community most directly affected by the proposal.
(c) Project Selection.--
(1) Development of criteria.--The Administrator shall
select eligible entities to receive grants under this section
based on criteria developed by the Administrator.
(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--
(i) reducing the effects of erosion;
(ii) reducing damage to infrastructure and
the loss of life from coastal storms and storm
surge;
(iii) reducing flood risk;
(iv) managing the effects of sea level
rise, accelerated land loss, and extreme tides;
(v) sustaining, protecting, or restoring
the functions and habitats of coastal
ecosystems;
(vi) protecting important cultural sites or
values;
(vii) protecting low-income communities,
communities of color, Tribal communities,
Indigenous communities, and rural communities;
(viii) sustaining, protecting, or restoring
the functions and habitats of marine protected
areas; or
(ix) such other forms of coastal protection
as the Administrator considers appropriate; and
(E) the potential of the project to support
resiliency at a military installation or community
infrastructure supportive of a military installation
(as such terms are defined in section 2391 of title 10,
United States Code).
(3) Standards.--The Administrator shall establish a living
shoreline design guidelines for each region of the United
States, which shall be used in selecting eligible projects for
grants under this section.
(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;
(2) to monitor, collect, and report data on the performance
(including performance over time) of the project, in accordance
with standards issued by the Administrator under subsection
(f)(2); or
(3) to incentivize landowners to engage in living shoreline
projects.
(e) 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--
(1) to transmit to the Administrator data collected under
the 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
(4) upon the completion of the project, to submit to the
Administrator a report on--
(A) the measures described in paragraph (2); and
(B) the effectiveness of the project in increasing
protection of the coastal community where the project
is carried out through living shorelines techniques,
including--
(i) a description of--
(I) the project;
(II) the activities carried out
under the project; and
(III) the techniques and materials
used in carrying out the project; and
(ii) data on the performance of the project
in providing protection to that coastal
community.
(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:
(A) A unit of a State or local government.
(B) An organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 that is exempt
from taxation under section 501(a) of such Code.
(C) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)).
(D) An institution of higher education.
(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.
(3) State.--The term ``State'' means all coastal States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 902. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION RESEARCH
PROGRAMS.
(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--
(A) preparing more resilient, sustainable cities
and resilient communities;
(B) reducing the costs associated with climate-
related disasters, built infrastructure degradation,
and human relocation; and
(C) accomplishing improved resilience while
maintaining ecosystem functions and habitats to the
greatest extent possible.
(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--
(i) coastal resilience;
(ii) shoreline erosion;
(iii) storm damage including windstorms;
(iv) inland flooding;
(v) water quality;
(vi) impact on local ecosystems; and
(vii) other criteria as determined by the
Administrator.
(B) Novel approaches to nature-based infrastructure
and living shorelines aimed at optimizing resilience to
climate change, extreme weather, and ecosystem
sustainability.
(C) Interdisciplinary research including
engineering, environmental and ecosystem sciences,
biology, social science, and Tribal or indigenous
traditional knowledge systems.
(D) Regional, community, and industry partnerships
to create locally informed solutions.
(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;
(C) the National Sea Grant College Program as a
resource to implement research and other projects and
help foster collaboration between institutions of
higher education and Federal agencies; and
(D) the National Institute of Standards and
Technology (NIST) Community Resilience Center of
Excellence.
(7) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator $5,000,000 for each of
fiscal years 2022 through 2026 for purposes of carrying out
this subsection.
(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--
(A) protecting life and critical infrastructure;
(B) developing and implementing decision-support
tools useful to coastal communities;
(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;
(G) assessing coastal vulnerability and risk;
(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;
(K) evaluating potential outcomes associated with
developing new commercial and recreational fishery
opportunities, including aquaculture and targeting
invasive and range-expanding species; and
(L) engaging in outreach, training, and education
to connect actionable research to local communities,
policymakers, planners, practitioners, and students.
(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.
(B) Natural and nature-based features.--The term
``natural features'' or ``nature-based features'' means
coastal vegetation, living reefs, beaches, dunes,
marshes, oyster reefs, coastal forests, municipal green
infrastructure, and living shorelines.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator $5,000,000 for each of
fiscal years 2022 through 2026 for purposes of carrying out
this section.
(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.
(C) Equitable distribution.--The Administrator
shall ensure, to the maximum extent practicable, that
grant funding under this subsection is apportioned
according to the historic baseline oyster population of
each estuary of the United States.
(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.
(D) Seafood industry.--The term ``seafood
industry'' means shellfish growers, shellfish
harvesters, commercial fishermen, and recreational
fishermen.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator $5,000,000 for each of
the fiscal years 2022 through 2026 to carry out this
subsection.
SEC. 903. IMPROVEMENTS TO THE NATIONAL OCEANS AND COASTAL SECURITY ACT.
(a) Definition of Tidal Shoreline Refined.--Section 902 of the
National Oceans and Coastal Security Act (16 U.S.C. 7501) is amended--
(1) by amending paragraph (7) to read as follows:
``(7) Tidal shoreline.--The term `tidal shoreline' means a
`tidal shoreline' or a `Great Lake shoreline' as such terms are
used in section 923.110(c)(2)(i) of title 15, Code of Federal
Regulations, or a similar successor regulation.''; and
(2) by adding at the end the following:
``(8) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(9) Blue carbon.--The term `blue carbon' means the 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.''.
(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:
``(1) In general.--There shall be deposited into the Fund,
which shall constitute the assets of the Fund--
``(A) amounts transferred to the Fund under section
908; and
``(B) such other amounts as may be appropriated or
otherwise made available to carry out this Act.''.
(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;
``(3) if amounts deposited into the Fund for each fiscal
year are greater than $200,000,000, any amounts in excess of
$200,000,000 shall be distributed such that--
``(A) 80 percent shall be used for the award of
grants under subsection (b) of section 906; and
``(B) 20 percent shall be used for the award of
grants under subsection (c) of section 906; and
``(4) of amounts provided in this subsection, not more than
4 percent may be used by the Administrator and the National
Fish and Wildlife Foundation (Foundation) for direct costs to
carry out this chapter.''.
(c) Eligible Uses of the Fund.--Section 905 of such Act (16 U.S.C.
7504) is amended to read as follows:
``SEC. 905. ELIGIBLE USES.
``(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--
``(A) the area is located within a coastal county
or adjacent county;
``(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;
``(C) the Governor of the State in which the
property or interests in property are acquired approves
of the acquisition; and
``(D) such property or interest is acquired in a
manner that will ensure such property or interest will
be administered to support the purposes of this Act.
``(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).
``(12) Technical assistance to help develop comprehensive
resilience and mitigation plans and to engage community
stakeholders, as an eligible funding effort.
``(13) Community-led strategic relocation efforts.
``(b) Prohibition on Use of Funds for Litigation and Lobbying.--No
funds made available under this Act may be used to fund any expense
related to litigation or any activity the purpose of which is to
influence legislation pending before Congress.''.
(d) Grants.--
(1) Administration.--Subsection (a)(1) of section 906 of
such Act (16 U.S.C. 7505) is amended--
(A) by amending subparagraph (B) to read as
follows:
``(B) Selection procedures and criteria for the
awarding of grants under this section that require
consultation with the Administrator and the Secretary
of the Interior.'';
(B) by amending subparagraph (C)(ii) to read as
follows:
``(ii) under subsection (c), as
appropriate, to entities including States,
local governments, regional and interstate
collaboratives, associations, nonprofit and
for-profit private entities, public-private
partnerships, academic institutions, Indian
Tribes, and Indigenous communities.'';
(C) in subparagraph (F), by striking ``year if
grants have been awarded in that year'' and inserting
``5 years''; and
(D) by adding at the end the following:
``(I) A method to give special consideration in
reviewing proposals to projects with either direct or
indirect coastal or marine blue carbon benefits and an
accounting methodology to quantify these benefits for
the purposes of the annual report required under
section 907.''.
(2) Grants to coastal states.--Subsection (b) of section
906 of such Act (16 U.S.C. 7505) is amended to read as follows:
``(b) Grants to Coastal States 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.
``(B) 30 percent of the funds are allocated on the
basis of the ratio of tidal shoreline miles in a
coastal State to the tidal shoreline miles of all
coastal States.
``(C) 20 percent of the funds are allocated on the
basis of the ratio of population of the coastal
counties of a coastal State to the total population of
all coastal counties of all coastal States based on the
most recent data available by the United States Census
Bureau.
``(2) Eligible coastal states.--For purposes of this
subsection, an eligible coastal State is any coastal State as
defined in section 304 of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453).
``(3) Maximum allocation to states.--Notwithstanding
paragraph (1), not more than 5 percent of the total funds
distributed under this subsection may be allocated to any
single State. Any amount exceeding this limit shall be
redistributed equally among the remaining eligible coastal
States.
``(4) Requirement to submit plans.--
``(A) In general.--To be eligible to receive a
grant under this subsection, an eligible coastal State
shall submit to the Administrator for review and
approval, a 5-year plan, which shall include the
following:
``(i) Criteria to determine eligibility for
entities which may receive grants under this
subsection.
``(ii) A description of the competitive
process the coastal State will use in
allocating funds received from the Fund, except
in the case of allocating funds under paragraph
(7), which shall include--
``(I) a description of the relative
roles of and consistency with the State
coastal zone management program
approved under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451
et seq.), if the coastal State has such
a plan, and any State Sea Grant
Program, if the State has such program;
and
``(II) a demonstration that such
competitive process is consistent with
the application and review procedures
established by the Administrator and
Foundation under subsection (a)(1).
``(iii) A process to certify that the
project or program and the awarding of a
contract for the expenditure of amounts
received under this paragraph are consistent
with the standard procurement rules and
regulations governing a comparable project or
program in that State, including all applicable
competitive bidding and audit requirements.
``(iv) Procedures to make publicly
available on the internet a list of all
projects supported by the Fund, that includes
at a minimum the grant recipient, grant amount,
project description, and project status.
``(B) Updates.--As a condition of receiving a grant
under this subsection, a coastal State shall submit to
the Administrator, not less frequently than once every
5 years, an update to the plan submitted by the coastal
State under subparagraph (A) for the 5-year period
immediately following the most recent submittal under
this paragraph.
``(5) Opportunity for public comment.--In determining
whether to approve a plan or an update to a plan described in
subparagraph (A) or (B) of paragraph (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--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating clause (iii) as
clause (iv); and
(iii) by inserting after clause (ii) the
following:
``(iii) nongovernmental organizations;
and''; and
(B) by adding at the end the following:
``(C) Cap on state funding.--The amount of a grant
awarded under this subsection shall not count toward
the cap on funding to States through grants awarded
under subsection (b).
``(D) Indigenous communities.--Not less than
$5,000,000 each year shall be awarded to Tribes and
Indigenous communities.''.
(e) Annual Report.--Section 907 of the National Oceans and Coastal
Security Act (16 U.S.C. 7506) is amended--
(1) in paragraph (2) of subsection (b), by striking ``and''
at the end;
(2) by amending paragraph (3) of subsection (b) to read as
follows:
``(3) a description of the expenditures made from the Fund
for the fiscal year, including the purpose of the expenditures;
and''; and
(3) by adding at the end the following:
``(4) an estimate of blue carbon benefits, in tons of
carbon dioxide, expected through grants awarded to projects
that received special consideration under section 906 due to
their blue carbon potential.''.
(f) Funding.--Section 908 of such Act (16 U.S.C. 7507) is amended
to read as follows:
``SEC. 908. FUNDING.
``There is authorized to be appropriated $200,000,000 to carry out
this title for each of fiscal years 2022 through 2026.''.
SEC. 904. SHOVEL-READY RESTORATION GRANTS FOR COASTLINES AND FISHERIES.
(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
(C) for the benefit of--
(i) shellfish;
(ii) fish, including diadromous fish;
(iii) coral reef systems;
(iv) marine wildlife;
(v) blue carbon ecosystems such as coastal
wetlands, marshes, coastal forests, seagrasses,
kelp forests, and other habitats important to
carbon sequestration and storage; or
(vi) ecosystems such as beaches, dunes,
oyster beds, submerged aquatic vegetation, and
other ecosystems that provide protection from
flooding, wave effects, and other coastal
hazards; or
(2) provides adaptation to climate change, including
sequestering and storing carbon or by constructing, restoring,
or protecting ecological features or nature-based
infrastructure that protects coastal communities from sea level
rise, coastal storms, or flooding.
(e) Priority.--In determining which projects to fund under this
section, the Administrator shall give priority to a proposed project--
(1) that would stimulate the economy;
(2) for which the applicant can demonstrate that the grant
will fund work that will begin not more than 90 days after the
date of 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;
(5) that includes communities that may not have adequate
resources including low-income communities, communities of
color, Tribal communities, Indigenous communities, and rural
communities; or
(6) that is happening within National Wildlife Refuges,
National Parks, and Marine Protected Areas, such as National
Marine Sanctuaries.
(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.
(g) Definitions.--In this section, the following definitions apply:
(1) Eligible entity.--The term ``eligible entity'' means a
nonprofit, a for-profit business, an institution of higher
education, or a State, local, Tribal, or Territorial
government.
(2) Fishermen.--The term ``fishermen'' means commercial or
for-hire fishermen or oyster farmers.
SEC. 905. STRATEGIC CLIMATE CHANGE RELOCATION INITIATIVE AND PROGRAM.
(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--
(A) areas where climate change impacts make
relocation a likely climate change adaptation strategy;
(B) communities that have expressed affirmative
interest in relocation (in this section referred to as
``sending communities''); and
(C) potential relocation areas and communities that
have expressed interest in attracting climate migrants
(in this section referred to as ``receiving
communities'');
(2) propose criteria to qualify for climate relocation
assistance, with preference given to disadvantaged communities
where community members have indicated a preference for retreat
which would otherwise be challenged to relocate;
(3) describe the roles and responsibilities of specific
Federal agencies in implementing the Strategic Climate Change
Relocation Program and how the Program should be coordinated
with applicable State and Federal agency plans and programs and
identify Federal programs that can be tailored to incentivize
self-identification of communities as receiving areas;
(4) outline the role that State, 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;
(12) review efficacy of existing flood mitigation
strategies on reducing flood risk to human populations, and
identify opportunities to coordinate blue-green infrastructure
solutions with buyout programs that increase the resilience of
remaining residents; and
(13) outline the amount and timing of Federal funding that
is expected to be needed to implement the Climate Change
Relocation Program.
(f) Development of Report to Congress.--In developing the report
required under subsection (e), the Chair shall--
(1) provide for public review and comment of a draft of the
report;
(2) solicit feedback from organizations representing State
and local governments;
(3) engage in consultation with Indian Tribes;
(4) engage in review by the external advisory panel; and
(5) evaluate projects implemented under the National
Disaster Resilience Competition administered by the Department
of Housing and Urban Development.
(g) Climate Change Strategic Relocation Program Pilot Projects.--
Within 2 years after the date of 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.
SEC. 906. NATIONAL CENTERS OF EXCELLENCE IN COASTAL RESILIENCE RESEARCH
AND EDUCATION.
(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.
(2) To identify such Centers of Excellence as sources of
expert advice and guidance for Federal agencies engaged in
research and education related to coastal climate change
resilience.
(3) To formalize and enhance existing collaborations and
partnerships between public institutions of higher education
and Federal agencies, with the goal of ensuring information and
recommendations are communicated effectively between such
entities.
(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;
(2) has demonstrated a commitment to understanding the
socioeconomic impacts of climate change;
(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;
(5) can demonstrate institutional collaboration in research
and education with other public institutions of higher
education, including minority-serving institutions; and
(6) can demonstrate capabilities for convening local,
State, or Federal entities to develop plans for coastal
flooding, storm preparedness, shoreline erosion, and other
resilience-related decisionmaking.
(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.
(2) Review of national centers of excellence and potential
designees.--The Administrator shall periodically review each
Center of Excellence and potential new designees as such
Centers, to--
(A) ensure that each Center of Excellence continues
to meet the criteria for designation under this Act;
and
(B) designate additional National Centers of
Excellence in accordance with this Act.
(3) Revocation.--If the Administrator determines under
paragraph (1) that a Center of Excellence does not meet the
criteria for such designation, the Administrator shall revoke
such designation by such process as the Administrator
determines appropriate.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2022 through 2026.
SEC. 907. INITIATE DESIGNATION PROCESS FOR SUCCESSFUL SANCTUARY
NOMINATIONS AND TECHNICAL CORRECTIONS TO THE NATIONAL
MARINE SANCTUARIES ACT.
(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'';
(2) in subsection (b)(1), by striking ``forty-five days of
continuous session of Congress beginning on the day on which
such notice is published'' and inserting ``60 days'';
(3) by striking subsection (b)(3); and
(4) by striking subsection (f).
(c) Authorization of Appropriations.--There is authorized to be
appropriated $4,000,000 in each fiscal year to carry out this section
for fiscal years 2022 through 2026.
SEC. 908. GRANTS TO FURTHER RESILIENCE AND CLIMATE RESEARCH WITH
INDIGENOUS AND TRIBAL COMMUNITIES.
(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.
(b) Grants Authorized.--The Administrator may award competitive
grants to Indian Tribes and Indigenous communities and States to--
(1) engage, support, and perpetuate ecosystem and
conservation practices such as Native Hawaiian Ahupuaa
management; and
(2) establish a long-term data monitoring and methods
throughout the Sanctuary System for tracking and modeling the
impacts of climate change on the cultural, natural, and marine
environment.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 in each fiscal year to carry out this section
for fiscal years 2022 through 2026.
SEC. 909. GRANTS FOR CONSERVING, RECOVERING, AND MAINTAINING KELP
FOREST ECOSYSTEMS.
(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;
(2) propose or be conducting a project relating to the
conservation, restoration, or management of kelp forest
ecosystems developed through consultation with any of the other
entities described in paragraph (1); and
(3) submit to the Administrator an application describing
such project at such time, in such manner, and containing such
information as the Administrator may require, including
information about what criteria will be used to monitor and
evaluate the effectiveness of the project.
(c) Eligible Projects.--The Administrator shall award grants to
eligible entities for projects that--
(1) address greatest relative regional declines in kelp
forest ecosystems;
(2) focus on--
(A) long term ecosystem resilience;
(B) long term socioeconomic resilience;
(C) kelp forest seeding and connectivity;
(D) urchin removal and predator control efforts;
(E) monitoring and assessment of kelp forest
ecosystems; or
(F) other efforts to restore kelp forest ecosystems
and prevent large scale losses of kelp forests; or
(3) are identified by Federal or State restoration and
management plans as focal areas for recovery of kelp forests
and associated species.
(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;
(2) the term ``fishing industry'' means processors,
commercial fishermen, and recreational fishermen;
(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.
TITLE X--OCEAN HEALTH: OCEAN ACIDIFICATION AND HARMFUL ALGAL BLOOMS
Subtitle A--Coastal Communities Ocean Acidification Act
SEC. 1001. COASTAL COMMUNITY VULNERABILITY ASSESSMENT.
Section 12406 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3705) is amended--
(1) in subsection (a), by inserting ``(referred to in this
section as the `Program')'' after ``acidification program'';
(2) by redesignating subsection (b) as subsection (c); and
(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--
``(1) determining whether such activities can be used as a
model for other communities; and
``(2) identifying opportunities for the National Oceanic
and Atmospheric Administration and other relevant Federal
agencies to support such activities.''.
Subtitle B--Ocean Acidification Act
SEC. 1011. PRIZE COMPETITIONS.
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;
``(C) the development of measures to help
vulnerable communities or industries, with an emphasis
on rural communities and businesses; and
``(D) the development of adaptation and management
options for impacted shellfish industries.''.
Subtitle C--Harmful Algal Bloom Essential Forecasting
SEC. 1021. CENTERS OF EXCELLENCE IN HARMFUL ALGAL BLOOM RESEARCH,
PREVENTION, RESPONSE, AND MITIGATION.
(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--
(1) to further understanding of harmful algal blooms;
(2) to further understanding of the impacts of harmful
algal blooms on public health, including the health of at-risk
populations;
(3) to further the ability to research, forecast, and
monitor harmful algal blooms;
(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;
(5) to further the prevention, control, and mitigation of
harmful algal blooms;
(6) to transition harmful algal bloom research and
forecasting from research to operational use; and
(7) to address existing and emerging harmful algal bloom
issues as the Administrator considers appropriate.
(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;
(3) have demonstrated ability to collaborate with local,
State, Territorial, and Tribal governments and Federal agencies
on harmful algal blooms; and
(4) be located in area region that is economically and
environmentally impacted by harmful algal blooms.
(d) Requirements for Designations.--In designating National Centers
of Excellence under this section, the Administrator shall--
(1) consult with the Inter-Agency Task Force on Harmful
Algal Blooms and Hypoxia;
(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
(3) support novel innovative approaches of other harmful
algal bloom research and operational monitoring.
(e) Effective Period, Review, and Renewal.--Each designation of an
organization as a National Center of Excellence under this section--
(1) shall be effective for 5 years;
(2) shall be reviewed by the Administrator in the fourth
year of such effective period; and
(3) following such review, may be renewed for an additional
5-year period.
(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.
TITLE XI--OCEAN DATA AND COLLABORATIVE EFFORTS
Subtitle A--Regional Ocean Partnerships
SEC. 1101. PURPOSES.
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.
(5) To empower States and Tribes to take a lead role in
managing oceans and coasts.
(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).
SEC. 1102. REGIONAL OCEAN PARTNERSHIPS.
(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--
(A) meets the requirements under paragraph (3); and
(B) submits an application for such designation in
such manner, in such form, and containing such
information as the Administrator may require.
(3) Requirements.--A partnership is eligible for
designation as a regional ocean partnership by the
Administrator under paragraph (2) if the partnership--
(A) is established to coordinate the interstate
management of coastal resources;
(B) focuses on the environmental issues affecting
the ocean and coastal areas of the members
participating in the partnership;
(C) complements existing State and Tribal coastal
and ocean management efforts on an interstate scale,
focusing on shared regional priorities;
(D) does not have a regulatory function; and
(E) is not duplicative of an existing regional
ocean partnership, as determined by the Administrator.
(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.
(2) Membership.--A governing body described in paragraph
(1)--
(A) shall be comprised, at a minimum, of voting
members from each coastal State participating in the
regional ocean partnership, designated by the Governor
of the coastal State; and
(B) may include such other members as the
partnership considers appropriate.
(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--
(A) to conserve living resources, expand and
protect valuable habitats, enhance coastal resilience,
and address such other issues related to the shared
ocean or coastal area as are determined to be a shared,
regional priority by those States; and
(B) to manage regional data portals and develop
associated data products for purposes that support the
priorities of the partnership.
(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.
(6) Develop and make available, through publications,
technical assistance, and other appropriate means, information
pertaining to cross-jurisdictional issues being addressed
through the coordinated activities of the partnership.
(7) Serve as a liaison with, and provide information to,
international and foreign counterparts, as appropriate on
priority issues for the partnership.
(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--
(A) provide grants to eligible persons described in
paragraph (2) for the purposes described in paragraph
(3); and
(B) enter into contracts with such persons for such
purposes.
(2) Eligible persons.--The eligible persons described in
this paragraph (1)(A) are the following:
(A) Indian Tribes.
(B) State and local governments.
(C) Nongovernmental organizations.
(D) Institutions of higher education.
(E) Individuals.
(F) Private entities.
(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.
(B) Conducting research and development with
respect to human-induced environmental changes to--
(i) ocean and coastal ecosystems; and
(ii) coastal communities.
(C) Developing and executing cooperative strategies
that--
(i) address regional data issues identified
by the partnership; and
(ii) will result in more effective
management of common ocean and coastal areas.
(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--
(A) assess the effectiveness of the partnerships in
supporting regional priorities relating to the
management of common ocean and coastal areas; and
(B) submit to Congress a report on that assessment.
(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.
(D) An assessment of how the efforts of the
regional ocean partnerships support or enhance Federal
and State efforts in line with the purposes of this
Act.
(E) Recommendations for improvements to the
collective strategies that support the purposes of this
Act in coordination and consultation with all relevant
Federal, State, and Tribal entities.
(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--
(1) the authority of the Administrator to provide amounts
to the partnerships; and
(2) the authority of the partnerships to provide grants and
enter into contracts under subsection (e).
(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:
(A) $10,100,000 for fiscal year 2022.
(B) $10,202,000 for fiscal year 2023.
(C) $10,306,040 for fiscal year 2024.
(D) $10,412,160 for fiscal year 2025.
(E) $10,520,404 for fiscal year 2026.
(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.
Subtitle B--National Coastal Resilience Data and Services
SEC. 1111. AUTHORIZATION OF NOAA ACTIVITIES.
(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--
(1) improve the understanding of the processes that drive
coastal flood risk, including sea level rise, storm events,
changing Great Lakes water levels, and land subsidence; and
(2) track and report how observed rates of sea level rise
compare to the sea level rise trends and predictions published
within the quadrennial National Climate Assessments and related
reports.
(g) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $3,000,000 for each of fiscal
years 2022-2026.
SEC. 1112. INTERAGENCY COORDINATION.
(a) In General.--The Director of the Office of Science and
Technology Policy, in consultation with the Administrator, shall--
(1) facilitate interagency cooperation and alignment of
Federal Government activities conducted with respect to coastal
flooding, including sea level rise, to improve the ability of
the United States to prepare for, avoid, mitigate, respond to,
and recover from potentially devastating impacts; and
(2) coordinate the activities of the interagency committee
established under subsection (b).
(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;
(E) coordinate the delivery of science and data and
technical assistance from Federal agencies, including
to support and inform the development and delivery of
National Oceanic and Atmospheric Administration
products and services; and
(F) define and prioritize needs from other Federal
agencies that could be addressed by enhancements to
Federal data and services, including National Oceanic
and Atmospheric Administration products and services.
(3) Leadership.--The Subcommittee shall be co-chaired by
the Director of the Office of Science and Technology Policy and
the Administrator.
(4) Membership.--The following entities shall be members of
the committee:
(A) The National Oceanic and Atmospheric
Administration.
(B) The National Aeronautics and Space
Administration.
(C) The Department of Interior through the United
States Geological Survey.
(D) The United States Army Corps of Engineers.
(E) The Department of Homeland Security through the
Federal Emergency Management Administration.
(F) The Environmental Protection Agency.
(G) The Department of Defense.
(H) The Department of Energy.
(I) The National Science Foundation.
(J) Such other White House offices and Federal
agencies the Director of the Office of Science and
Technology Policy deems appropriate.
(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.
Subtitle C--Centralized Website for Resiliency Grants
SEC. 1121. CENTRALIZED WEBSITE FOR RESILIENCY GRANTS.
(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--
(1) hyperlinks to all programs administered by the National
Oceanic and Atmospheric Administration and hyperlinks to other
Federal agencies that offer similar grants to assist States and
local communities with resiliency, adaptation, and mitigation
of climate change and sea level rise; and
(2) with respect to each such grant, the contact
information for an individual who can offer assistance to
States and local government.
(b) Outreach.--The Administrator shall conduct outreach activities
to inform State, Tribal, and local governments and Indigenous
communities of the resiliency, adaptation, and mitigation grants.
Subtitle D--Automatic Identification Systems
SEC. 1131. AUTOMATIC IDENTIFICATION SYSTEMS.
Section 70114(a) of title 46, United States Code, is amended to
read as follows:
``(1) Subject to paragraph (2), the following vessels, while
operating on the navigable waters of the United States, in the United
States Exclusive Economic Zone, and on the high seas, shall be equipped
with and operate an automatic identification system under regulations
prescribed by the Administrator:
``(A) A self-propelled commercial vessel of at least 49
feet overall in length.
``(B) A vessel carrying more than a number of passengers
for hire determined by the Administrator.
``(C) A towing vessel of more than 26 feet overall in
length and 600 horsepower.
``(D) Any other vessel for which the Administrator decides
that an automatic identification system is necessary for the
safe navigation of the vessel.''.
Subtitle E--Authorization of Appropriations
SEC. 1141. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator for
fiscal year 2022, $5,000,000, to remain available until expended, to
purchase automatic identification systems for fishing vessels, fish
processing vessels, and fish tender vessels more than 49 feet in
length.
TITLE XII--MEASURES TO ADDRESS GREENHOUSE GAS POLLUTION FROM SHIPPING
VESSELS
SEC. 1201. GREENHOUSE GAS EMISSIONS FROM SHIPPING.
(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:
(1) Total greenhouse gas emissions and particulate
pollution emitted by the vessel inside the United States
Exclusive Economic Zone.
(2) Average greenhouse gas emissions and particulate
pollution emitted per transport work and per nautical mile.
(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).
(2) Consistency.--The Administrator, to the maximum extent
practicable, shall ensure consistency of such methods with
similar reporting schemes developed by the European Union and
the International Maritime Organization to reduce any
duplicative burden on shippers.
(3) Methods.--Acceptable methods included in the list could
include the following:
(A) Bunker Delivery Note (BDN) and periodic
stocktakes of fuel tanks.
(B) Bunker fuel tank monitoring on board.
(C) Flowmeters for applicable combustion processes.
(D) Direct CO<INF>2</INF> emissions measurements.
(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
CO<INF>2</INF> emissions and energy efficiency.
(e) Regulations.--Before promulgation of regulations under this
section, reports issued under this section shall be reviewed to ensure
that regulatory changes will not create the risk of increased
CO<INF>2</INF> emissions.
SEC. 1202. QUIET SEAS AND CLEAR SKIES VESSEL SPEED REDUCTION AWARD
PROGRAM.
(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.
(2) Climate change is altering marine mammal migration
routes and timing.
(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.
(5) Slower ship speeds reduce the lethality of vessel
strikes on marine life, moderate underwater noise, and provide
climate benefits through reduced fuel consumption and lower
particulate emissions.
(6) In 2019, the Vessel Speed Reduction Program in the
Santa Barbara Channel region and the San Francisco Bay region
saved over 17,000 metric tons of greenhouse gas emissions, with
349 vessels from 15 different companies slowing their speeds
for over 99,000 nautical miles.
(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--
(1) reduce air pollution, harmful underwater vessel noise,
and the risk of fatal marine mammal ship strikes by encouraging
voluntary reduction in the speed of eligible vessels operating
within the Exclusive Economic Zone of the United States; and
(2) annually award Quiet Seas and Clear Skies Excellence
Awards under subsection (d) for verified successful
participation in, and cooperation with, the Program by shipping
companies.
(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--
(A) obtain a significant reduction in greenhouse
gas and particulate pollution, including black carbon
emissions from eligible vessels;
(B) protect marine life; and
(C) reduce noise generated by eligible vessels.
(4) Certification.--The Administrator shall establish
protocols for shipping companies to certify compliance with the
Program requirement to be eligible for an Award under
subsection (d).
(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--
(1) may be used by shipping companies with eligible vessels
for which a Quiet Seas and Clear Skies Excellence Award is
awarded under this section;
(2) includes the name of the shipping company; and
(3) includes the year for which such Award was made.
(f) Limitations.--Nothing in this section shall be construed to--
(1) require participation in the Program; or
(2) authorize any action that affects navigational rights
and freedoms under international law or navigational safety.
(g) Definition of Eligible Vessel.--In this section, the term
``eligible vessel'' means a vessel greater than or equal to 65 feet in
overall length.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $4,000,000
for each of fiscal years 2022 through 2026.
TITLE XIII--VIRGIN PLASTIC EXCISE TAX
SEC. 1301. VIRGIN PLASTIC EXCISE TAX.
(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:
``Subchapter E--Virgin Plastic Excise Tax
``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.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2021, the dollar amounts in paragraph
(1) shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting in subparagraph
(A)(ii) `calendar year 2021' for `calendar year
2016'.
``(B) Rounding.--If any increase determined under
subparagraph (A) is not a multiple of \1/10 \of a cent,
such increase shall be rounded to the nearest multiple
of \1/10\ of a cent.
``(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;
``(B) a container for--
``(i) a drug regulated under the Federal
Food, Drug, and Cosmetic Act;
``(ii) infant formula; or
``(iii) a meal replacement liquid;
``(C) a personal or feminine hygiene product that
could be unsafe or unsanitary to recycle;
``(D) a sexual health product; and
``(E) packaging for--
``(i) a product described in subparagraphs
(A) through (E); or
``(ii) used for the shipment of hazardous
materials that is prohibited from being
composed of used materials under section
178.509 or 178.522 of title 49, Code of Federal
Regulations (as in effect on the date of the
enactment of this subtitle).
``(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.
``(3) Virgin plastic.--The term `virgin plastic' means a
primary polymer or resin--
``(A) of any form of ethylene, propylene,
polyethylene, polypropylene, polyvinyl chloride, or a
raw plastic polymer; and
``(B) generated through processing byproducts
associated with petroleum, natural gas, coal, or
vegetation-based resources.
``(4) Single-use product.--The term `single-use product'
means a consumer product that is routinely disposed of,
recycled, or otherwise discarded after a single use.''.
(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--
(1) effectively reduces global single-use plastic
production from virgin polymers to 10 percent of 2010 levels by
2050; and
(2) respects the principle of common but differentiated
responsibilities and respective capabilities.
(c) Effective Date.--The amendments by this section shall apply to
covered items, as such term is defined in section 4191 of such Code,
manufactured, produced, or imported after the earlier of--
(1) 1 year after the Secretary issues regulations
implementing section 4191 of such Code; or
(2) 2 years after date of the enactment of this Act.
(d) Conforming Amendment.--The table of subchapters for chapter 32
of such Code is amended by inserting after the item relating to
subchapter D the following:
``E. Virgin plastic excise tax''.
SEC. 1302. ESTABLISHMENT OF THE VIRGIN PLASTIC TRUST FUND.
(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.
``(1) To United States Customs and Border Protection, such
amounts as may be necessary to administer the taxation of
importers under section 4191(a).
``(2) So much as remains in the fund in each fiscal year,
after appropriations are made under paragraph (1), for the
purposes of carrying out the Ocean-Based Climate Solutions Act
of 2022.''.
(b) Conforming Amendment.--The table of sections for subchapter A
of chapter 98 of such Code is amended by adding at the end the
following:
``Sec. 9512. Virgin Plastic Trust Fund.''.
TITLE XIV--STUDIES AND REPORTS
SEC. 1401. DEEP SEA MINING.
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--
(1) characterization of deep seabed ecosystems;
(2) assessment of potential impacts to deep seabed habitat
and species from exploratory or extractive activities;
(3) assessment of the potential impacts of sediment plumes
from disturbance of the deep seabed on the pelagic food chain;
and
(4) approximate quantification of the greenhouse gas
emissions associated with deep seabed mining, including
emissions possibly from the release of greenhouse gases
sequestered in the seabed.
SEC. 1402. NATIONAL ACADEMIES ASSESSMENT OF OCEANIC BLUE CARBON.
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
(3) the potential impacts to oceanic blue carbon storage by
human activities including energy development activities, deep
sea mining, deep sea carbon capture technology, and other
disturbances to the sea floor and gas hydrate disruption atop
the seabed.
SEC. 1403. REPORT ON THE ECOLOGICAL AND ECONOMIC EFFECTS OF HIGH SEAS
FISHING IN THE OCEAN AREAS BEYOND NATIONAL JURISDICTION.
(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;
(4) evaluate the percentage of United States seafood
imports originating from high-seas fishing, from both legally
reported and illegal, unregulated, and unreported fishing; and
(5) evaluate the greenhouse gas emissions associated with
high-seas fishing and high-seas fishing fleets.
(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;
(B) the nations and vessels likely to refuse or
otherwise fail to comply with such a moratorium,
including estimates of catch levels by those nations
and vessels relative to overall international catch;
and
(C) available enforcement mechanisms and
surveillance technology that could be used to enforce
such a moratorium; and
(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;
(F) effects on sustainable seafood availability for
United States consumers;
(G) effects on revenues and profits for domestic
fishermen seafood businesses;
(H) effects on the scope and volume of illegal,
unregulated, and unreported fishing occurring on the
high seas; and
(I) potential spillover effects on other fisheries
from imposing a moratorium.
(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.
(2) Public availability.--The Administrator shall publish
the report received under paragraph (1) on a public website.
SEC. 1404. NATIONAL ACADEMIES ASSESSMENT OF PUBLIC ACCESS TO THE
COASTS.
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;
(3) the likely impact of sea level rise and extreme weather
on public access points to and access along the coasts; and
(4) Federal mechanisms for preventing the loss of access,
for mitigating such loss when it occurs, and for increasing the
quantity, quality, and afford ability of public access to the
coasts for both recreational and commercial activities.
SEC. 1405. STUDY EXAMINING THE IMPACT OF ACIDIFICATION AND OTHER
ENVIRONMENTAL STRESSORS ON ESTUARIES ENVIRONMENTS.
(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;
(3) provides recommendations for improving future research
with respect to acidification in coastal environments; and
(4) identifies pathways for applying science in management
and mitigation decisions relating to acidification in estuaries
environments.
(b) Contents of Study.--The study conducted under subsection (a)
shall include--
(1) the behavior of the carbonate system within estuaries
environments;
(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;
(6) the gaps that exist in understanding the socioeconomic
and health impacts of acidification in coastal ecosystems;
(7) future directions for scientific research; and
(8) pathways for applying science in management and
mitigation decisions.
(c) Report.--Not later than two years after entering into any
arrangement under subsection (a), the Administrator shall request that
the National Academies submit to Congress a report detailing the
findings of the study.
SEC. 1406. STUDY EXAMINING THE CAUSES AND IMPACTS OF BLACK CARBON.
(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--
(1) quantifies the sources of black carbon emissions,
including wildfires and natural processes;
(2) examines the impacts of black carbon on the health,
finances, society, and culture of Indigenous communities;
(3) examines the impacts of black carbon on marine and
terrestrial Arctic wildlife; and
(4) examines the role of black carbon in climate change.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $1,000,000 for fiscal year 2022 to
carry out this section.
SEC. 1407. MARINE AREAS INVENTORY.
(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;
(B) an inventory of areas already protected in
areas of the ocean beyond the jurisdiction of the
United States, and a description of any activities that
are currently allowed in each of the areas; and
(C) an inventory of areas that other countries or
international governing bodies are considering making a
marine protected area; and
(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
(B) an inventory of the lease areas for offshore
wind as established by the Bureau of Ocean and Energy
Management.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $2,000,000 to carry out this section.
SEC. 1408. MARINE BIODIVERSITY CENSUS.
(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;
(3) include an organizational structure that facilitates
multisector coordination and oversight; and
(4) address how this effort will help inform the marine
biodiversity gap analysis as described in section 1410.
(c) Publication and Public Comment.--Not later than 60 days after
the strategy is published to a public website, the strategy shall be
published in the Federal Register to provide an opportunity for
submission of public comments for a period of not less than 60 days.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $2,000,000
for each of fiscal years 2022 through 2026.
SEC. 1409. MARINE BIODIVERSITY GAP ANALYSIS.
(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--
(1) assess habitats, species, and ecosystems across the
United States ocean waters and coasts; and
(2) determine what types of habitats, species, and
ecosystems and the percentage of each type of habitat, species,
and ecosystem are necessary to protect in order to--
(A) protect biodiversity; and
(B) mitigate and provide resilience to the impacts
of climate change.
(c) Publication.--The Secretary of Commerce shall publish the
marine biodiversity gap analysis required by subsection (a) on a public
website.
(d) Report.--Biennially, the Secretary of Commerce and 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.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 in each fiscal year 2022 through 2026 to carry
out this section.
Union Calendar No. 511
117th CONGRESS
2d Session
H. R. 3764
[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