[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2211 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2211

 To ensure the recovery, resiliency, and health of ocean, coastal, and 
            Great Lakes ecosystems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 19, 2007

 Mr. Whitehouse (for himself and Mrs. Boxer) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To ensure the recovery, resiliency, and health of ocean, coastal, and 
            Great Lakes ecosystems, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Global Warming and 
Acidification Coastal and Ocean Resiliency Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--NATIONAL POLICY FOR OCEAN, COASTAL, AND GREAT LAKES ECOSYSTEM 
                         HEALTH AND RESILIENCY

Sec. 101. National policy on ocean, coastal, and great lakes ecosystem 
                            health and resiliency.
Sec. 102. National ocean, coastal, and Great Lakes resiliency strategy.
Sec. 103. Advisory Board.
Sec. 104. Implementation of national strategy.
Sec. 105. Reports.
Sec. 106. Authorization of appropriations.
         TITLE II--PLANNING FOR CLIMATE CHANGE IN COASTAL ZONE

Sec. 201. Planning for climate change in coastal zone.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) healthy, diverse, and productive coastal, ocean, and 
        Great Lakes ecosystems, communities, and habitats are critical 
        to securing the full range of natural resource benefits for the 
        United States;
            (2) healthy ecosystems are more resilient than degraded 
        ecosystems;
            (3) resilient ecosystems can better adapt to changing 
        environmental conditions, including global warming and ocean 
        acidification;
            (4) the effects of global warming, including relative sea 
        level rise and ocean acidification pose significant threats to 
        healthy ocean, coastal, and Great Lakes ecosystems; and
            (5) policies and programs designed to ensure the recovery, 
        resilience, and health of coastal, ocean, and Great Lakes 
        ecosystems and the resources of the ecosystems in the face of 
        environmental change are an urgent national priority.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Ecological processes.--
                    (A) In general.--The term ``ecological processes'' 
                means the biological, chemical, and physical 
                interactions between the biotic and abiotic components 
                of an ecosystem.
                    (B) Inclusions.--The term ``ecological processes'' 
                includes--
                            (i) nutrient cycling;
                            (ii) pollination;
                            (iii) predator-prey relationships;
                            (iv) soil formation;
                            (v) gene flow;
                            (vi) hydrologic cycling;
                            (vii) decomposition; and
                            (viii) disturbance regimes, such as fire 
                        and flooding.
            (2) Habitat.--
                    (A) In general.--The term ``habitat'' means the 
                physical, chemical, and biological properties that are 
                used by wildlife for growth, reproduction, and 
                survival.
                    (B) Inclusions.--The term ``habitat'' includes 
                aquatic and terrestrial plant communities, food, water, 
                cover, and space on a tract of land, in a body of 
                water, or in an area or region.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (5) Wildlife.--The term ``wildlife'' means--
                    (A) any species of wild, free-ranging fauna, 
                including fish and other aquatic species; and
                    (B) any fauna in a captive breeding program the 
                object of which is to reintroduce individuals of a 
                depleted indigenous species into previously occupied 
                range.

TITLE I--NATIONAL POLICY FOR OCEAN, COASTAL, AND GREAT LAKES ECOSYSTEM 
                         HEALTH AND RESILIENCY

SEC. 101. NATIONAL POLICY ON OCEAN, COASTAL, AND GREAT LAKES ECOSYSTEM 
              HEALTH AND RESILIENCY.

    It is the policy of the Federal Government, in cooperation with 
State, tribal, and affected local governments, other concerned public 
and private organizations, coastal and ocean resource users, and 
citizens to take effective measures--
            (1) to ensure the recovery, resiliency, and health of 
        ocean, coastal, and Great Lakes ecosystems;
            (2) to predict, plan for, and mitigate the impact on 
        coastal, ocean, and Great Lakes ecosystems from global warming, 
        including relative sea level rise, and from ocean 
        acidification;
            (3) to plan for and mitigate the impact of the development 
        of offshore alternative energy resources and appropriate carbon 
        capture and sequestration activities; and
            (4) to cooperate and collaborate to support improved and 
        enhanced ocean and coastal management in the United States.

SEC. 102. NATIONAL OCEAN, COASTAL, AND GREAT LAKES RESILIENCY STRATEGY.

    (a) Requirement.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall implement the 
        national policy under section 101 by establishing a national 
        strategy to protect, maintain, and restore coastal and marine 
        ecosystems so that the ecosystems are more resilient and better 
        able to withstand the additional stresses associated with 
        global warming, including relative sea level rise, and with 
        ocean acidification.
            (2) Measures.--In establishing the national strategy, the 
        Secretary shall provide for research and design of practical 
        measures--
                    (A) to avoid, alleviate, or mitigate the impact of 
                global warming, including relative sea level rise, and 
                of ocean acidification on ocean, coastal, and Great 
                Lakes ecosystems and resources in the United States; 
                and
                    (B) to ensure the recovery, resiliency, and health 
                of ocean, coastal, and Great Lakes ecosystems.
            (3) Administration.--Before and during the development of 
        the national strategy, the Secretary shall--
                    (A) base the national strategy on the best 
                available science;
                    (B) consult with--
                            (i) the Secretary of the Interior;
                            (ii) the Administrator of the Environmental 
                        Protection Agency;
                            (iii) Regional Fishery Management Councils;
                            (iv) State coastal management and fish and 
                        wildlife agencies;
                            (v) Indian tribes;
                            (vi) local governments;
                            (vii) conservation organizations;
                            (viii) scientists; and
                            (ix) other interested stakeholders; and
                    (C) provide public notice and opportunity for 
                comment.
    (b) Contents.--
            (1) In general.--The Secretary shall include in the 
        national strategy prioritized goals and measures and a plan for 
        implementation (including a timeframe)--
                    (A) to incorporate climate change adaptation 
                strategies into the planning and management of ocean 
                and coastal programs and resources administered by the 
                Department of Commerce;
                    (B) to incorporate the strategies into the planning 
                and management of ocean and coastal resources 
                administered by Federal and non-Federal governmental 
                entities other than the Department of Commerce;
                    (C) to support predictions of relative sea level 
                rise;
                    (D) to protect, maintain, and restore coastal and 
                marine ecosystems so that the ecosystems are more 
                resilient and better able to withstand the additional 
                stresses associated with global warming, including 
                relative sea level rise, and with ocean acidification;
                    (E) to protect ocean and coastal species from the 
                impact of global warming and ocean acidification;
                    (F) to incorporate adaptation strategies for 
                relative sea level rise into coastal zone planning;
                    (G) to protect and restore ocean and coastal 
                habitats to build healthy and resilient ecosystems, 
                including the purchase of coastal and island land; and
                    (H) to promote the development of plans to mitigate 
                at the community level the economic consequences of 
                global warming, including relative sea level rise and 
                ocean acidification.
            (2) Coordination with other plans.--In developing the 
        national strategy, the Secretary shall, to the maximum extent 
        practicable--
                    (A) take into consideration research and 
                information contained in--
                            (i) Federal, regional, and State management 
                        and restoration plans;
                            (ii) the reports of the Pew Oceans 
                        Commission and the United States Commission on 
                        Ocean Policy; and
                            (iii) any other relevant reports and 
                        information; and
                    (B) encourage and take into account regional plans 
                for protecting and restoring the health and resilience 
                of ocean and coastal ecosystems, including the Great 
                Lakes.
    (c) Revisions.--Not later than 5 years after the date of the 
initial establishment of the national strategy and each 10 years 
thereafter, the Secretary shall revise the national strategy to 
reflect--
            (1) new information on the impact of global warming, 
        including relative sea level rise, and of acidification on 
        ocean, coastal and Great Lakes ecosystems and the resources of 
        the ecosystems; and
            (2) advances in the development of strategies for adapting 
        to or mitigating for the impact.
    (d) Implementation.--To achieve the goals of the national strategy, 
each Federal agency shall (directly and in cooperation with other 
agencies) implement measures for the conservation of ocean, coastal, 
and Great Lakes ecosystems under the jurisdiction of the Federal agency 
that promote the national strategy established under this section.

SEC. 103. ADVISORY BOARD.

    (a) In General.--The Secretary shall establish and appoint the 
members of an Advisory Board that is composed of not less than 10, and 
not more than 20, members recommended by the President of the National 
Academy of Sciences with expertise in ocean, coastal, and Great Lakes 
biology, ecology, fisheries, climate change, ocean acidification, and 
other relevant disciplines, including economics at the community level.
    (b) Function.--The Advisory Board shall--
            (1) provide scientific and technical advice and 
        recommendations to the Secretary on--
                    (A) the impact of global warming, including 
                relative sea level rise, and of acidification on ocean 
                and coastal ecosystems, resources, ecological and 
                coastal communities, and habitats; and
                    (B) strategies and mechanisms to mitigate the 
                impact of global warming, including relative sea level 
                rise, and of acidification on ocean and coastal 
                ecosystems;
            (2) advise the Secretary on priorities for research or 
        information collection; and
            (3) advise the Secretary on priority needs for achieving 
        systematic improvements in ocean and coastal resiliency for the 
        purposes of section 102.

SEC. 104. IMPLEMENTATION OF NATIONAL STRATEGY.

    (a) In General.--Of the amount that is made available to carry out 
this title for each fiscal year--
            (1) 40 percent shall be made available for the carrying out 
        of Federal responsibilities to develop and implement the 
        national strategy established under section 102; and
            (2) 60 percent shall be used to make grants under 
        subsection (b).
    (b) Grants.--
            (1) In general.--The Secretary shall make grants to 
        eligible entities to pay the Federal share (as determined by 
        the Secretary) to carry out activities that contribute to or 
        result in protecting, maintaining, or restoring the resilience 
        and health of coastal, ocean, and Great Lakes ecosystems and 
        resources, including planning and scientific research to 
        support such purposes.
            (2) Eligible entities.--To be eligible to receive a grant 
        under this subsection, an entity shall be--
                    (A) a Federal agency;
                    (B) an agency of a State or political subdivision;
                    (C) a regional partnership;
                    (D) an Indian tribe;
                    (E) an institution of higher education; or
                    (F) a nongovernmental organization.
            (3) Eligible uses.--A grant provided under this subsection 
        may only be used to carry out an activity described in 
        paragraph (1) that is approved by the Secretary.
            (4) Prioritization.--In approving applications under this 
        subsection, the Secretary shall give priority to proposals 
        that--
                    (A) implement measures to enhance the health or 
                resilience of coastal, ocean, or Great Lakes areas of 
                national significance, including biological, 
                historical, and cultural measures;
                    (B) result in systematic improvements to the 
                resilience and health of coastal and ocean ecosystems 
                and resources;
                    (C) are sufficiently cooperative and broad in 
                geographic scope to address the problem or need; and
                    (D) demonstrate cost-effectiveness based on 
                ecosystems services provided per dollar of Federal 
                expenditure, including consideration of the potential 
                for a funding match.
            (5) Guidance.--The Secretary shall issue guidance regarding 
        a process for--
                    (A) the approval or disapproval of applications for 
                grants under this subsection, including opportunities 
                for public comment; and
                    (B) the establishment of annual and multiyear 
                national funding priorities.
            (6) Evaluation.--
                    (A) In general.--The Secretary shall establish a 
                system to provide for an annual external evaluation of 
                each grant that measures the progress of implementation 
                of the grant against the goals and objectives of the 
                grant project.
                    (B) Public availability.--The Secretary shall make 
                the results of the evaluations publicly available.

SEC. 105. REPORTS.

    (a) National Academy of Sciences.--The Secretary shall enter into 
an arrangement with the National Academy of Sciences under which the 
Academy shall report to Congress, not later than 2 years after the date 
of enactment of this Act, on the current and projected impact of global 
warming, including relative sea level rise, of ocean acidification, and 
on effective mitigation strategies for the ocean, coastal, and Great 
Lakes ecosystems and resources of the United States.
    (b) Report to Congress.--The Secretary shall make available to 
Congress a copy of the strategy and implementation plan established 
under this title (including any updates to the strategy and plan).

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

         TITLE II--PLANNING FOR CLIMATE CHANGE IN COASTAL ZONE

SEC. 201. PLANNING FOR CLIMATE CHANGE IN COASTAL ZONE.

    (a) In General.--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. CLIMATE CHANGE RESILIENCY PLANNING.

    ``(a) Definitions.--In this section, the terms `ecological 
processes', `habitat', and `wildlife' have the meanings given those 
terms in section 3 of the Global Warming and Acidification Coastal and 
Ocean Resiliency Act.
    ``(b) Program.--The Secretary shall establish, consistent with the 
national policies established under section 303, a coastal climate 
change resiliency planning and response program to--
            ``(1) provide assistance to coastal states to develop and 
        implement coastal climate change resiliency plans pursuant to 
        approved management programs approved under section 306, to 
        prepare for and reduce, in an environmentally sensitive manner, 
        the negative consequences to the coastal zone that may result 
        from global warming and ocean acidification; and
            ``(2) provide financial and technical assistance and 
        training to enable coastal states to implement plans developed 
        pursuant to this section through enforceable policies of the 
        coastal states.
    ``(c) Guidelines.--Not later than 180 days after the date of 
enactment of this section, the Secretary, in consultation with the 
coastal states, shall issue guidelines for the implementation of the 
grant program established under subsection (d).
    ``(d) Climate Change Resiliency Planning Grants.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary may make a grant to any coastal 
        state for the purpose of developing and implementing climate 
        change resiliency plans pursuant to guidelines issued by the 
        Secretary under subsection (c).
            ``(2) Plan content.--
                    ``(A) In general.--A plan developed with a grant 
                under this section shall include adaptation strategies 
                for fish and wildlife, fish and wildlife habitat, and 
                associated ecological process as are necessary to 
                assist fish and wildlife, fish and wildlife habitat, 
                and associated ecological processes to adapt to, become 
                resilient to, and mitigate the impact of, global 
                warming and ocean acidification.
                    ``(B) Inclusions.--The plans shall specifically 
                include--
                            ``(i) adaptive management strategies for 
                        land and water use to respond or adapt to 
                        changing environmental conditions, including 
                        strategies to protect biodiversity and 
                        establish habitat buffer zones, migration 
                        corridors, and climate refugia; and
                            ``(ii) requirements--
                                    ``(I) to initiate and maintain 
                                long-term monitoring of environmental 
                                change to assess coastal zone 
                                resiliency; and
                                    ``(II) if necessary, to adjust 
                                adaptive management strategies and new 
                                planning guidelines to attain the 
                                policies under section 303.
            ``(3) Allocation.--Grants under this section shall be--
                    ``(A) available only to coastal states with 
                management programs approved by the Secretary under 
                section 306; and
                    ``(B) allocated among the coastal states in a 
                manner consistent with regulations promulgated pursuant 
                to section 306(c).
            ``(4) Priority.--In the awarding grants under this 
        subsection, the Secretary may give priority to any coastal 
        state that has received grant funding to develop program 
        changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), 
        and (8) of section 309(a).
            ``(5) Technical assistance.--The Secretary may provide 
        technical assistance to a coastal state (consistent with 
        section 310) to ensure the timely development of plans 
        supported by grants awarded under this subsection.
            ``(6) Federal approval.--In order to be eligible for a 
        grant under subsection (e), a coastal state shall have the plan 
        of the coastal state developed under this section approved by 
        the Secretary.
    ``(e) Coastal Resiliency Project Grants.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary may make grants to any coastal 
        state that has a climate change resiliency plan approved under 
        subsection (d)(6) for implementation of the plan.
            ``(2) Program requirements.--
                    ``(A) In general.--Not later than 90 days after the 
                date of approval of the first plan approved under 
                subsection (d)(6), the Secretary shall publish in the 
                Federal Register requirements regarding applications, 
                allocations, eligible activities, and all terms and 
                conditions for grants awarded under this subsection.
                    ``(B) Merit-based awards.--No less than 30 percent 
                of the funds made available for any fiscal year for 
                grants under this subsection shall be awarded through a 
                merit-based competitive process.''.
    (b) Authorization of Appropriations.--Section 318(a) of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1464(a)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding by adding at the end the following:
            ``(3) for grants under subsections (d) and (e) of section 
        320, such sums as are necessary for each fiscal year.''.
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