[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8632 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8632
To direct the Secretary of Commerce, acting through 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
October 20, 2020
Mr. Grijalva (for himself, Mr. Huffman, Mr. Lowenthal, Mr. Levin of
California, Mr. Neguse, Ms. Haaland, Mr. Sablan, Mr. McEachin, Mr.
Case, Mrs. Dingell, Ms. Castor of Florida, Ms. Bonamici, Ms. Brownley
of California, and Ms. Johnson of Texas) 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, and
Foreign Affairs, 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
_______________________________________________________________________
A BILL
To direct the Secretary of Commerce, acting through 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Ocean-Based
Climate Solutions Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is the
following:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--MARINE AND COASTAL 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
coastal blue carbon ecosystems.
Sec. 106. Interagency working group.
Sec. 107. Coastal carbon areas of significance.
Sec. 108. Authorization of Smithsonian Institution blue carbon
activities.
Sec. 109. Authorization of appropriations.
Sec. 110. Definitions.
TITLE II--MARINE PROTECTED AREAS
Sec. 201. Policy.
Sec. 202. Interagency Task Force.
Sec. 203. Initiate designation process for successful sanctuary
nominations and technical corrections to
the National Marine Sanctuaries Act.
Sec. 204. Increased protection for deep sea corals.
Sec. 205. Marine biodiversity gap analysis.
TITLE III--OFFSHORE ENERGY
Subtitle A--Oil and Gas Leasing in the Outer Continental Shelf
Sec. 301. Prohibition of oil and gas leasing in all areas of the Outer
Continental Shelf.
Subtitle B--Offshore Renewable Energy
Sec. 311. Sense of Congress on the importance of offshore wind energy.
Sec. 312. National offshore wind goals.
Sec. 313. Removing roadblocks for data sharing.
Sec. 314. Increasing funding for scientific research.
Sec. 315. Extending collaboration with industry.
Sec. 316. Developing strategies to protect wildlife.
Sec. 317. Offshore wind for the Territories.
Sec. 318. Marine energy research.
Sec. 319. Increasing funding for coastal conservation and resilience.
TITLE IV--CLIMATE-READY FISHERIES, EFFICIENT FISHERY VESSELS, AND BUY
AMERICAN SEAFOOD
Sec. 401. Sense of Congress.
Sec. 402. Caught in the USA.
Sec. 403. Eliminate fish subsidies in trade agreements.
Sec. 404. Fuel efficient fishing vessels.
Sec. 405. Climate and fisheries research and management program.
Sec. 406. Climate-ready fisheries innovation program.
Sec. 407. Shifting Stocks Task Force.
Sec. 408. Essential fish habitat consultation.
Sec. 409. Ocean Aquaculture Research and Policy Program.
TITLE V--COASTAL BARRIER RESOURCE ACT AMENDMENTS
Sec. 501. Undeveloped coastal barrier.
Sec. 502. Coastal hazard pilot project.
Sec. 503. Report on expanding Coastal Barrier Resources Act to the
Pacific Coast, including Pacific
Territories and Freely Associated States.
Sec. 504. Require disclosure to prospective buyers that property is in
the Coastal Barrier Resources System.
Sec. 505. Improve Federal agency compliance with Coastal Barrier
Resources Act.
Sec. 506. Excess Federal property.
Sec. 507. Authorization of appropriations.
TITLE VI--COASTAL ZONE MANAGEMENT ACT AMENDMENTS
Sec. 601. Grants to further achievement of Tribal coastal zone
objectives.
Sec. 602. Eligibility of District of Columbia for Federal funding under
the Coastal Zone Management Act of 1972.
Sec. 603. Coastal and Estuarine Land Conservation Program.
Sec. 604. Coastal Zone Management Fund.
Sec. 605. Authorization of appropriations.
Sec. 606. Amendments to National Estuarine Research Reserve System
program.
TITLE VII--INSULAR AFFAIRS
Sec. 701. Definitions.
Sec. 702. Coastal management technical assistance and report.
Sec. 703. Climate Change Insular Research Grant Program.
Sec. 704. Extreme weather and climate outreach to insular areas.
Sec. 705. Coral reefs.
Sec. 706. Ocean and Coastal Mapping Integration Act.
Sec. 707. Office of Insular Affairs Technical Assistance Program.
Sec. 708. Disaster relief Federal cost-share waiver.
TITLE VIII--STRENGTHENING MARINE MAMMAL CONSERVATION
Sec. 801. Conservation of marine mammals adversely affected by climate
change.
Sec. 802. Vessel speed restrictions in marine mammal habitat.
Sec. 803. Monitoring ocean noise for marine mammal health.
Sec. 804. Grants for seaports to establish programs to reduce the
impacts of vessel traffic and port
operations on marine mammals.
TITLE IX--INTERNATIONAL AGREEMENTS, EFFORTS IN THE ARCTIC, AND BUREAU
OF INDIAN AFFAIRS TRIBAL RESILIENCE PROGRAM
Subtitle A--International Agreements
Sec. 901. United Nations Convention on the Law of the Sea.
Subtitle B--Efforts in the Arctic
Sec. 911. Reinstatement of Executive Order 13754; Northern Bering Sea
Climate Resilience Area.
Sec. 912. 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. 921. Bureau of Indian Affairs Tribal Resilience Program.
TITLE X--COASTAL RESILIENCY AND ADAPTATION
Sec. 1001. Living Shoreline Grant Program.
Sec. 1002. National Oceanic and Atmospheric Administration Research
Programs.
Sec. 1003. Grants for recovering oysters.
Sec. 1004. Improvements to the National Oceans and Coastal Security
Act.
Sec. 1005. Shovel-ready restoration grants for coastlines and
fisheries.
Sec. 1006. Strategic Climate Change Relocation Initiative and Program.
TITLE XI--OCEAN HEALTH: OCEAN ACIDIFICATION AND HARMFUL ALGAL BLOOMS
Subtitle A--Coastal Communities Ocean Acidification Act
Sec. 1101. State and United States defined.
Sec. 1102. Coastal community vulnerability assessment.
Subtitle B--Ocean Acidification Act
Sec. 1111. Prize competitions.
Subtitle C--COAST Research Act
Sec. 1121. Purposes.
Sec. 1122. Definitions.
Sec. 1123. Interagency working group.
Sec. 1124. Strategic research plan.
Sec. 1125. National Oceanic and Atmospheric Administration ocean
acidification activities.
Sec. 1126. National Science Foundation ocean acidification activities.
Sec. 1127. National Aeronautics and Space Administration ocean
acidification activities.
Sec. 1128. Authorization of appropriations.
Subtitle D--South Florida Clean Coastal Waters
Sec. 1131. South Florida harmful algal blooms and hypoxia assessment
and action plan.
Subtitle E--Protecting Local Communities From Harmful Algal Blooms
Sec. 1141. Algal blooms.
Subtitle F--Harmful Algal Bloom Essential Forecasting
Sec. 1151. Designating certain harmful algal bloom services as excepted
services under the Anti-Deficiency Act.
Sec. 1152. Centers of Excellence in Harmful Algal Bloom Research,
Prevention, Response, and Mitigation.
TITLE XII--NATIONAL OCEAN POLICY, DATA, AND COORDINATED WEBSITE FOR
GRANT PROGRAMS
Subtitle A--Regional Ocean Partnerships
Sec. 1201. Findings; sense of Congress; purposes.
Sec. 1202. Regional Ocean Partnerships.
Subtitle B--Data and Scientific Coordination
Sec. 1211. Increased coordination among agencies with respect to data
and monitoring.
Sec. 1212. Interagency Ocean Exploration Committee.
Sec. 1213. Committee on Ocean Policy.
Sec. 1214. Building data sources.
Sec. 1215. National sea level rise risk analysis.
Subtitle C--Digital Coast
Sec. 1221. Definitions.
Sec. 1222. Establishment of the Digital Coast.
Subtitle D--Integrated Coastal and Ocean Observation System
Sec. 1241. Staggered terms for National Integrated Coastal and Ocean
Observation System Advisory Committee.
Sec. 1242. Integrated coastal and ocean observation system cooperative
agreements.
Sec. 1243. Reauthorization of Integrated Coastal and Ocean Observation
System Act of 2009.
Sec. 1244. Advanced Research Projects Agency-Oceans.
Subtitle E--Centralized Website for Resiliency Grants
Sec. 1251. Centralized website for resiliency grants.
TITLE XIII--WETLANDS
Subtitle A--Coastal Wetlands
Sec. 1301. Definitions.
Sec. 1302. Coastal and Estuary Resilience Grant Program.
Sec. 1303. Data collection.
Sec. 1304. Outreach and technical assistance.
Sec. 1305. Annual restoration and funding.
Sec. 1306. Prevailing wage requirement.
Sec. 1307. Department of the Interior coastal wetland restoration;
funding.
TITLE XIV--MEASURES TO ADDRESS GREENHOUSE GAS POLLUTION FROM SHIPPING
VESSELS
Sec. 1401. Greenhouse gas emissions from shipping.
Sec. 1402. Quiet Seas and Clear Skies Vessel Speed Reduction Award
Program.
TITLE XV--STUDIES AND REPORTS
Sec. 1501. Deep sea mining.
Sec. 1502. National Academies assessment of oceanic blue carbon.
Sec. 1503. Ocean climate impacts and action report.
Sec. 1504. Report on the ecological and economic effects of high seas
fishing in the ocean areas beyond national
jurisdiction (``ABNJ'').
Sec. 1505. National Academies assessment of public access to the
coasts.
Sec. 1506. Study examining the impact of ocean acidification and other
environmental stressors on estuarine
environments.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Secretary of Commerce acting through the Administrator of the
National Oceanic and Atmospheric Administration.
(2) Exclusive economic zone.--The term ``exclusive economic
zone'' means the zone established by Proclamation Numbered
5030, dated March 10, 1983.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) National academies.--The term ``National Academies''
means the National Academies of Science, Engineering, and
Medicine.
(6) Restorative ocean aquaculture.--The term ``restorative
ocean aquaculture'' means ocean and coastal propagation of
seaweed or shellfish farming that generates positive ecological
and social impact.
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, and the United States
Territories of American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, and the United States
Virgin Islands.
(8) United states.--The term ``United States'' means the
several States, the District of Columbia, and the United States
Territories of American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, and the United States
Virgin Islands.
TITLE I--MARINE AND COASTAL BLUE CARBON
SEC. 101. BLUE CARBON PROGRAM.
(a) Establishment.--The Administrator shall establish and maintain
a Blue Carbon Program within the National Oceanic and Atmospheric
Administration for the purposes of furthering conservation objectives
for fish and wildlife habitat conservation and restoration and coastal
resilience including the development of ways to incorporate ecosystem
services from carbon storage into existing domestic and international
policies, programs, and activities.
(b) Additional Authority.--In conducting the Program, the
Administrator may enter into and perform such contracts, leases,
grants, or cooperative agreements as may be necessary to carry out the
purposes of this subtitle on such terms as Administrator considers
appropriate.
(c) Consultation.--The Administrator shall coordinate activities
carried out under this section with the Assistant Administrator of the
National Marine Fisheries Service and the Assistant Administrator of
the National Ocean Service.
(d) Activities.--The Administrator shall lead the development and
coordination of the strategic plan described in section 106(e) and
conduct the following activities:
(1) Collaborate with Federal agencies, the interagency
working group, State agencies, Tribes, and non-governmental
organizations on research, restoration, and protection efforts
relating to blue carbon ecosystems.
(2) Develop a database of blue carbon stocks and fluxes in
the United States.
(3) Assist in exploration of the potential for a market for
carbon credits for restoration initiatives, including research
and development of protocols.
(4) Raise awareness of blue carbon ecosystems as a tool to
further conservation objectives through education and extension
activities.
(5) Use existing models or develop new models to assess
blue carbon storage potential that include quantification,
verifiability, additionality as compared to a historical
baseline, and permanence of those benefits.
(6) Quantify current total and net ecosystem carbon storage
in coastal and marine areas.
(7) Project future total and net ecosystem carbon storage
under different scenarios influenced by human population
growth, sea level rise, and other system-wide changes.
(8) Develop and use protocols for inclusion of blue carbon
projects in carbon markets.
(9) Protect and restore habitats, waters, and organisms
that are long-term carbon sinks or will be subject to habitat
change as a result of climate change and development.
(10) Provide staff and technical expertise to the
interagency working group.
(11) Quantify co-benefits, including flood risk reduction,
habitat restoration for endangered and threatened species,
maintenance of biodiversity, water quality improvements,
habitat maintenance and creation, cycling of nutrients other
than carbon, commercial and recreational fishing and boating
benefits.
(12) Assess regional and national ecosystem and
socioeconomic impacts of carbon sequestration and storage.
(13) Research variability, long-term storage, and
innovative techniques for effective, long-term, natural ocean
or coastal ecosystem-based carbon sequestration.
(14) Identify blue carbon hot spots.
(15) Assess legal issues of landownership in blue carbon
markets, and develop guidelines to help landowners navigate the
requirements of such markets.
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, update every 3 years, and maintain a national
map and inventory of coastal blue carbon ecosystems including--
(A) with respect to each such ecosystem--
(i) the species and types of habitat in the
ecosystem;
(ii) the condition of such habitats
including whether a habitat is degraded,
drained, eutrophic, or tidally restricted;
(iii) type of public or private ownership
and any protected status;
(iv) the size of the ecosystem;
(v) the salinity boundaries of the
ecosystem;
(vi) the tidal boundaries of the ecosystem;
(vii) an assessment of carbon sequestration
potential, methane production, and net
greenhouse gas effects of the ecosystem,
including consideration of--
(I) quantification;
(II) verifiability;
(III) additionality, as compared to
a historical baseline; and
(IV) permanence of those benefits;
(viii) an assessment of the ecosystem co-
benefits, such as fish habitat for commercial,
recreational, and Tribal fisheries, flood risk
reduction, wave stress, storm protection,
shoreline stabilization, public access, water
and air pollution filtration, contributions to
traditional and cultural practices, and
recreational use and benefits of the ecosystem;
(ix) the potential for landward migration
of each ecosystem as a result of sea level
rise;
(x) any upstream restrictions detrimental
to the watershed process and conditions,
including dams, dikes, and levees;
(xi) any upstream pollution sources that
threaten the health of each ecosystem;
(xii) proximity to aquaculture uses or
lease areas; and
(xiii) a depiction of the effects of human
stressors, including the conversion of coastal
blue carbon ecosystems to other land uses and
the cause of such conversion; and
(B) a depiction of the effects of climate change,
including sea level rise, ocean acidification, ocean
warming, and other environmental stressors on the
sequestration rate, carbon storage, and potential of
coastal blue carbon ecosystems; and
(2) in carrying out paragraph (1)--
(A) incorporate, to the extent possible, existing
and future data collected through federally and State
funded research, including data collected from the
National Oceanic and Atmospheric Administration Coastal
Change Analysis Program, United States Fish and
Wildlife Service National Wetlands Inventory, United
States Geological Survey Land Carbon program, United
States Geological Survey and Federal Emergency
Management Agency LiDAR information coordination and
knowledge program, Department of Energy Biological and
Environmental Research program, and Department of
Agriculture National Coastal Blue Carbon Assessment;
and
(B) engage regional experts for additional peer-
reviewed data to ensure best available scientific
information is incorporated.
(b) Use.--The interagency working group shall use the national map
and inventory created pursuant to subsection (a)--
(1) to assess the existing and potential carbon
sequestration of different coastal blue carbon ecosystems, and
account for any regional differences;
(2) to assess and quantify emissions from degraded and
destroyed coastal blue carbon ecosystems;
(3) to develop regional assessments and to provide
technical assistance to regional, State, Tribal, and local
government agencies, regional information coordination entities
(as such term is defined in section 12303(6) of the Integrated
Coastal and Ocean Observation System Act (33 U.S.C. 3602)), and
agencies, organizations, and other entities that support
communities that may not have adequate resources, including
low-income communities, communities of color, Tribal
communities, and rural communities;
(4) to assess degraded coastal blue carbon ecosystems and
their potential for restoration, including developing scenario
modeling to identify vulnerable land areas where management,
protection, and restoration efforts should be focused,
including the potential for an ecosystem to migrate inland to
adapt to sea level rise; and
(5) produce predictions of coastal blue carbon ecosystems
and carbon sequestration rates in the context of climate
change, environmental stressors, and human stressors.
SEC. 103. REPORT ON BLUE CARBON IN THE UNITED STATES.
Not later than 1 year after the date of the enactment of this Act
and every 2 years thereafter, the Administrator, in consultation with
the interagency working group, shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report containing
the following:
(1) A summary of federally funded coastal and marine blue
carbon ecosystem research, monitoring, preservation, and
restoration activities, including the budget for each of these
activities and describe the progress in advancing the national
priorities established by the interagency working group.
(2) With respect to each blue carbon ecosystem--
(A) the type;
(B) location; and
(C) type of ownership, delineated by private lands,
State lands, Tribal lands, or Federal.
(3) An assessment of the vulnerability of coastal and
marine blue carbon ecosystems to climate impacts such as sea-
level rise, acidification, and saltwater intrusion, and other
environmental and human stressors, such as development, water
pollution, and aquaculture.
(4) An assessment of the greatest anthropogenic threats to
blue carbon ecosystems, including the Federal agency actions
that have historically caused and presently cause great adverse
effects on such ecosystems.
(5) An assessment of the carbon sequestration potential of
blue carbon ecosystems and the probable changes to
sequestration under climate change scenarios.
(6) An assessment of biophysical, social, and economic
impediments including water storage and flood control
structures to coastal blue carbon ecosystem protection and
restoration and opportunities to restore and enhance the
resilience of and sequestration potential of blue carbon
ecosystems.
(7) An assessment of aging or outdated artificial
structures, including dikes, levees, dams, culverts, water
storage structures, shoreline hardening projects, impediments
to fish passage, and other infrastructure that impede the
ecological or sequestration functions of blue carbon areas and
the feasibility of repairing, retrofitting, or removing such
structures.
(8) The economic, social, and environmental co-benefits
that these blue carbon ecosystems provide including--
(A) coastal protection from storms and flooding;
(B) tourism and recreational use;
(C) benefits to fisheries;
(D) nutrient removal;
(E) number of jobs that are directly or indirectly
attributable to blue carbon ecosystems; and
(F) total economic activity that is attributable to
such blue carbon ecosystems.
(9) An assessment of the social and economic makeup of the
communities served by blue carbon ecosystems.
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, beginning not later than 2 years after the date of enactment of
this Act, provide funds to eligible entities for projects that--
(1) protect and restore blue carbon stocks, oceanic blue
carbon, and coastal blue carbon ecosystems and increase the
long-term carbon storage; and
(2) contribute to priorities identified in the most recent
strategic plan developed by the interagency working group.
(b) Eligible Recipients.--A person or entity is eligible to receive
a grant under the grant program if such person is--
(1) a voluntary private landowner or group of landowners;
(2) a State agency responsible for managing natural
resources or wildlife;
(3) an Indian Tribe;
(4) a unit of local government;
(5) a nonprofit organization or land trust;
(6) an institution of higher education and research; or
(7) any group of entities described in paragraphs (1)
through (6).
(c) Requirements.--In administering the grant program under this
section, the Secretary shall use the criteria, guidelines, contracts,
reporting requirements, and evaluation metrics developed by the
interagency working group.
(d) Selection Criteria.--In evaluating applications for the program
from eligible entities, the Administrator shall give priority to
proposed eligible restoration activities that--
(1) would result in long-term protection and sequestration
of carbon stored in coastal and marine environments; and
(2)(A) would protect key habitats for fish, wildlife, and
the maintenance of biodiversity;
(B) would provide coastal protection from development,
storms, flooding, and land-based pollution;
(C) would protect coastal resources of national,
historical, and cultural significance;
(D) would benefit communities of color, low-income
communities, Tribal or Indigenous communities, or rural
communities; or
(E) would capitalize on existing established public/private
partnerships.
(e) Report to Congress.--
(1) Report required.--The Administrator shall submit
annually to Congress a report containing a State-by-State
analysis of--
(A) the total number of acres of land or water
protected or restored through fee title acquisition,
easement, restoration or other activities under the
program;
(B) the status of restoration projects under this
program; and
(C) the amount of blue carbon captured or protected
over a 100-year time period as a result of this
program.
(2) Publication of report.--The Administrator shall make
available to the public each report required by paragraph (1).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $200,000,000 for each of the fiscal
years 2021 to 2025 to carry out this section.
SEC. 105. INTEGRATED PILOT PROGRAMS TO PROTECT AND RESTORE DEGRADED
COASTAL 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
restoration, nature-based adaptation strategies, living
shoreline projects, landward progression or migration of
coastal blue carbon ecosystems, and identify potential barriers
to restoration efforts;
(2) ensure that the pilot programs cover geographically,
ecologically, culturally, and economically representative
locations with significant ecological, economic, and social
benefits and maximize potential for long-term carbon storage;
(3) establish a procedure for reviewing applications for
the pilot program, taking into account--
(A) quantification;
(B) verifiability;
(C) additionality, as compared to a historical
baseline; and
(D) permanence of those benefits;
(4) ensure, through consultation with the interagency
working group, that the goals, metrics, monitoring, and
outcomes of the pilot programs are communicated to the
appropriate State, Tribal, and local governments, and to the
general public; and
(5) coordinate with relevant Federal agencies on the
interagency working group to prevent unnecessary duplication of
effort among Federal agencies and departments with respect to
protection and restoration programs.
SEC. 106. INTERAGENCY WORKING GROUP.
(a) Establishment.--The National Science and Technology Council
Subcommittee on Ocean Science and Technology shall establish the
Interagency Working Group on Coastal and Marine Blue Carbon.
(b) Purposes.--The interagency working group shall--
(1) oversee the development of and updates to a national
map, including United States Territories, of coastal and marine
blue carbon ecosystems, including habitat types with a regional
focus in analysis that is usable for local level protection
planning and restoration;
(2) use such map to inform the Administrator of the
Environmental Protection Agency's creation of the annual
Inventory of U.S. Greenhouse Gas Emissions and Sinks;
(3) establish national coastal and marine blue carbon
ecosystem restoration priorities, including an assessment of
current Federal funding being used for restoration and
conservation efforts;
(4) assess the biophysical, social, statutory, regulatory,
and economic impediments to coastal and marine blue carbon
ecosystem protection and restoration;
(5) study the effects of climate change and environmental
and human stressors on carbon sequestration rates;
(6) identify priority blue carbon ecosystems for
protection;
(7) develop a national strategy for foundational science
necessary to study, synthesize, and evaluate the effects of
climate change, environmental, and human stressors on
sequestration rates and capabilities of marine blue carbon and
coastal blue carbon ecosystems protection;
(8) develop an assessment of current legal authorities to
protect and restore blue carbon ecosystems and make
recommendations for additional authorities if current
authorities are determined to be insufficient; and
(9) ensure the continuity, use, and interoperability of
data assets through Coastal Carbon Data Clearinghouse of the
Smithsonian Institution.
(c) Membership.--The interagency working group shall be comprised
of representatives of the following:
(1) The Administrator.
(2) The Administrator of the Environmental Protection
Agency.
(3) The Director of the National Science Foundation.
(4) The Administrator of the National Aeronautics and Space
Administration.
(5) The Director of the United States Geological Survey.
(6) The Director of the United States Fish and Wildlife
Service.
(7) The Director of the National Park Service.
(8) The Director of the Bureau of Indian Affairs.
(9) The Secretary of the Smithsonian Institution.
(10) The Chief of Engineers of the Army Corps of Engineers.
(11) The Secretary of Agriculture.
(12) The Secretary of Defense.
(13) The Secretary of Transportation.
(14) The Secretary of State.
(15) The Secretary of Energy.
(16) The Administrator of the United States Agency for
International Development.
(17) The Administrator of the Federal Emergency Management
Agency.
(18) The Chair of the Council on Environmental Quality.
(d) Chair.--The interagency working group shall be chaired by the
Administrator.
(e) Strategic Plan.--
(1) In general.--The Interagency Working group shall create
a strategic plan for Federal investments in basic research,
development, demonstration, long-term monitoring and
stewardship, and deployment of coastal blue carbon ecosystem
and marine blue carbon projects for the 5-year period beginning
on the date that is 1 year after the date of enactment of this
Act. The plan shall include--
(A) an assessment of the use of existing Federal
programs to protect, restore, enhance, and preserve
coastal blue carbon ecosystems;
(B) an analysis of potential sea level rise
migration corridors for blue carbon ecosystems;
(C) an analysis of anticipated fish and wildlife
uses of blue carbon ecosystems; and
(D) identification of priority strategies and
investments for preserving, restoring, and enhancing
the resilience and carbon sequestration potential of
such blue carbon ecosystems.
(2) Timing.--The interagency working group shall--
(A) submit the strategic plan under paragraph (1)
to the Committee on Natural Resources and the Committee
on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on a date that is not
later than 1 year after the date of enactment of this
Act; and
(B) submit a revised version of such plan to such
committees every 5 years thereafter.
(3) Federal register.--Not less than 90 days before the
strategic plan, or any revision thereof, is submitted under
paragraph (2), the interagency working group shall publish such
plan in the Federal Register and solicit public comments on
such plan for a period of not less than 60 days.
SEC. 107. COASTAL CARBON AREAS OF SIGNIFICANCE.
(a) Designation.--The Administrator, consistent with this section,
shall designate as a coastal carbon area of significance any area that
is--
(1) in the coastal zone (as such term is defined in section
304 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1453)), in territorial waters of the United States, or in the
exclusive economic zone; and
(2) the location of water, a substrate, or an ecosystem
that--
(A) provides for long-term storage and
sequestration of significant amounts of ecosystem
carbon; and
(B)(i) limits erosion and future landward
migration;
(ii) provides a buffer against storm surge,
especially for communities of color, low-income
communities, and Tribal and Indigenous communities;
(iii) provides a spawning, breeding, feeding, or
nesting habitat for wildlife; or
(iv) is estuarine habitat designated as essential
fish habitat under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1601 et
seq.).
(b) Guidelines.--The Administrator, in consultation with the
interagency working group, shall, not later than 1 year after the date
of enactment of this Act, establish by regulation guidelines based on
the best available science to describe and identify coastal carbon
areas of significance and measures to ensure the protection of coastal
carbon areas of significance.
(c) Review and Update.--The Administrator, in consultation with the
interagency working group, shall review and update guidelines
established under subsection (b) not less frequently than once every 5
years or when new information warrants such an update.
(d) Schedule.--The Administrator, in consultation with the
interagency working group, shall establish a schedule for the
identification of coastal carbon areas of significance under subsection
(b) and for reviews and updates under subsection (c), and shall make
initial designations of a coastal carbon area of significance in each
coastal State not later than 1 year after the date of enactment of this
Act.
(e) Recommendations and Information.--The Administrator, in
consultation with the interagency working group, shall, with respect to
each coastal carbon area of significance, provide recommendations and
information regarding the adverse impacts and threats to the carbon
storage, ecosystem services, and habitat capacity of the area, and the
actions that should be considered to avoid adverse impacts and ensure
the conservation and enhancement of that area.
(f) Programs Administered by the Secretary of Commerce.--The
Administrator, in consultation with the interagency working group,
shall use programs administered by the Secretary of Commerce to carry
out this section and ensure the conservation and enhancement of each
coastal carbon area of significance.
(g) Requirements for Federal Actions.--With respect to any proposed
agency action that has the potential to cause an adverse impact on the
carbon storage, ecosystem services, or habitat capacity of any coastal
carbon area of significance, each Federal agency shall comply with the
following requirements:
(1) Notification.--Such Federal agency shall notify the
Administrator of such proposed agency action.
(2) Determination of adverse impact.--The Administrator, in
consultation with the proposing agency and subject to public
comment, shall determine whether the proposed agency action
will cause an adverse impact on the carbon storage, ecosystem,
or habitat of a coastal carbon area of significance.
(3) Alternative.--With respect to any proposed action the
Administrator determines will have an adverse impact under
paragraph (2), the proposing agency, in consultation with the
Administrator, shall determine whether there is an alternative
action that would prevent such adverse impact and fulfill the
purpose of the proposed action. The proposing agency shall not
take an action that would cause an adverse impact if an
alternative that would not cause such adverse impact is
available and would fulfill the purpose of such action.
(4) Carbon storage offsets.--With respect to a proposed
action for which the agency determines no alternative is
available under paragraph (3), the proposing agency shall--
(A) in consultation with the Administrator, take
measures to minimize and mitigate such adverse impact;
(B) take such action as the Administrator
determines necessary to create a coastal or marine blue
carbon ecosystem storage offset that, taken in
conjunction with the proposed action, results in a long
term net increase in carbon storage, lasting an
equivalent time period as the carbon storage lost by
the adverse impact;
(C) demonstrate quantitatively, using the best
available science, that the carbon storage offset will
result in a net increase in ecological carbon storage
and is located in close proximity to the original site
to keep the affected communities whole;
(D) maintain such carbon storage offset for a
period of time to be determined by the Administrator
but not less than 100 years; and
(E) publish the agency's proposed course of
mitigation in the Federal Register for public notice
and comment.
(h) Requirement for Authorization or Appropriation.--Any requests
for a new authorization or appropriation from a Federal agency
transmitted to the Office of Management and Budget shall include, if
such authorization or appropriation may affect a coastal carbon area of
significance, a certification that such agency will use such
authorization or appropriation in compliance with this section.
(i) Required Restrictions.--A Federal agency may not enter into a
lease, easement, right-of-way, or sale of any land designated as a
coastal carbon area of significance unless such agency attaches
appropriate restrictions to the use of the property to protect the
coastal carbon area of significance.
(j) Exception.--Preparation, revision, implementation, or
enforcement of a fishery management plan under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) that
applies to area that is subject to a prohibition on all bottom-tending
fishing gear shall not be treated as an action that is subject to
subsection (g).
SEC. 108. AUTHORIZATION OF SMITHSONIAN INSTITUTION BLUE CARBON
ACTIVITIES.
(a) In General.--The Secretary of the Smithsonian Institution, in
coordination with the Administrator and the interagency working group,
shall provide for the long-term stewardship, continuity, use, and
interoperability of, and access to, data relating to coastal blue
carbon ecosystems and national mapping, including United States
Territories and Tribal lands, by supporting the maintenance of the
Coastal Carbon Data Clearinghouse.
(b) Coastal Carbon Data Clearinghouse Duties.--Acting through the
Coastal Carbon Data Clearinghouse, the Secretary of the Smithsonian
Institution in coordination with the Administrator and interagency
working group shall process, store, archive, provide access to, and
incorporate to the extent possible, all coastal and marine blue carbon
data collected through federally funded research by a Federal agency,
State, local agency, Tribe, academic scientist, or other relevant
entity.
(c) Global and National Data Assets.--The Secretary of the
Smithsonian Institution, in coordination with the Administrator and the
interagency working group, shall ensure that existing global and
national data assets are incorporated into the Coastal Carbon Data
Clearinghouse to the greatest extent possible.
(d) Establishment of Standards, Protocols, and Procedures.--The
Secretary of the Smithsonian Institution, in coordination with the
Administrator and members of the interagency working group, shall
establish standards, protocols, and procedures for the processing,
storing, archiving, and providing access to data in the Coastal Carbon
Data Clearinghouse and best practices for sharing such data with State,
local, and Tribal governments, coastal stakeholders, non-Federal
resource managers, and academia. The Administrator shall publish,
update, and keep current such data on a publicly available website.
(e) Digital Tools and Resources.--The Secretary of the Smithsonian
Institution, in coordination with the Administrator and members of the
interagency working group, shall develop digital tools and resources to
support the public use of the Coastal Carbon Data Clearinghouse.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Smithsonian Institution $5,000,000
for each of fiscal years 2021 through 2025 to carry out this section.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator
$50,000,000 for each of the fiscal years 2021 to 2025 to carry out this
title.
SEC. 110. DEFINITIONS.
In this title:
(1) Blue carbon stocks.--The term ``blue carbon stocks''
means terrestrial and marine vegetation and underlying sediment
that has the capacity to sequester and store atmospheric
carbon.
(2) Coastal blue carbon ecosystem.--The term ``coastal blue
carbon ecosystem'' means vegetated coastal habitats including
mangroves, tidal marshes, seagrasses, kelp forests, and other
tidal or salt-water wetlands that have the capacity to
sequester carbon from the atmosphere for a period of not less
than 100 years.
(3) Coastal carbon areas of significance.--The term
``coastal carbon area of significance'' means any area
designated by the Administrator under section 107 as a coastal
carbon area of significance.
(4) Grant program.--The term ``grant program'' means the
Blue Carbon Partnership Grant Program established pursuant to
section 104.
(5) Interagency working group.--The term ``interagency
working group'' means the Interagency Working Group on Coastal
Blue Carbon established under section 106.
(6) Marine blue carbon.--The term `` Marine Blue Carbon''
means the sequestration of carbon in pelagic and deep sea
ecosystems, including in sediments and through the ecosystem
impacts of increased biomass of large marine wildlife.
(7) Program.--The term ``Program'' means the Blue Carbon
Program required by section 101(a).
TITLE II--MARINE PROTECTED AREAS
SEC. 201. POLICY.
(a) Protection of Habitat.--It is the policy of the United States--
(1) to prohibit any commercial extractive or destructive
human activity in at least 30 percent of the ocean under United
States jurisdiction by 2030. The 30 percent shall include
existing areas in which commercial extractive and destructive
human activities are and continue to be prohibited; and
(2) to support the adoption and implementation of a global
goal to protect at least 30 percent of land and 30 percent of
ocean areas by 2030 under the Convention on Biological
Diversity.
(b) Habitats and Ecosystems Subject to Protection.--It is the
policy of the United States to protect ocean habitats and ecosystems
that represent--
(1) the diversity of the United States ocean;
(2) areas important for conserving and, where appropriate,
preserving biodiversity;
(3) critical breeding, resting, and feeding habitats for
wildlife;
(4) interconnected networks of marine protected areas and
wildlife migration corridors;
(5) areas that will help mitigate the impacts of the
climate crisis, including those areas that provide carbon
storage, adaptation, and resilience benefits;
(6) areas that are relatively pristine and least impacted
by human activity; and
(7) areas that help mitigate threats to the United States
most vulnerable coastal communities, including protections for
natural resources that support the economy and health of
communities that rely on a healthy and clean ocean, in
particular communities of color, low-income communities, and
Tribal and Indigenous communities adversely affected by climate
change.
(c) Considerations in Carrying Out Policy.--A Federal agency
carrying out the policies described in this section shall seek to carry
out such policies in a manner that--
(1) relies on best available science;
(2) includes meaningful input from States, local
communities, and Native American Tribes, and respects Tribal
history of sustainable resource management, Indigenous
sustainable resource management, Tribal sovereignty, and the
right to Tribal self-determination;
(3) improves access to nature for all people, with an
emphasis on increasing access for communities of color and low-
income communities;
(4) provides ecological and geographic representation,
taking into account that some Fishery Management Councils have
taken action to ban the use of all bottom-tending fishing gear
and all fishing gear with bycatch rates that adversely affect
marine wildlife populations;
(5) conserves, protects, and restores biodiversity;
(6) protects ecosystems and the services of ecosystems,
restores degraded ecosystems, and maintains ecological
functions;
(7) enhances climate mitigation, adaptation, and
resilience, including by protecting ecosystems, species and
genetic diversity;
(8) supports sustainable economic opportunity for people
who depend on the ocean for their livelihoods by making the
ocean more resilient to climate change and enhancing ecosystem
functioning;
(9) evaluates the negative and positive economic impacts of
such policies and considers ways to mitigate such negative
impacts;
(10) considers local and regional input in the design and
implementation of protected areas, including input from
stakeholders, and considers the cultural values, including
seafaring and maritime heritage values, of the United States;
and
(11) provides tools and resources to ensure that protected
areas are effectively managed.
(d) Definitions.--In this section:
(1) Communities of color.--The term ``communities of
color'' means a geographically distinct area in which the
population of any of the following categories of individuals is
higher than the average populations of that category for the
State in which the community is located:
(A) Black.
(B) African American.
(C) Asian American.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(2) Protect and protection.--Each of the terms ``protect''
and ``protection'' means the establishment of enduring measures
on land, waters, and oceans that support thriving biodiversity,
contribute to climate resilience, and provide ecosystem
services, such that their natural character, resources, and
functions are conserved, protected, restored and, when shown
necessary, enhanced for current and future generations.
SEC. 202. INTERAGENCY TASK FORCE.
(a) Establishment.--Not later than 45 days after the date of
enactment of this Act, the President shall establish the 30x30
Interagency Task Force.
(b) Chair.--The task force shall be chaired by the chair of the
Council on Environmental Quality.
(c) Composition.--The President shall appoint the following
individuals as members of the task force:
(1) The Administrator of the Environmental Protection
Agency.
(2) The Administrator.
(3) The Secretary of the Interior.
(4) The Secretary of Defense.
(5) The Secretary of State.
(6) The Secretary of Energy.
(7) The Secretary of Homeland Security.
(8) The Director of the Office of Science and Technology
Policy.
(d) Plan.--Not later than one year after the date on which the task
force is established, the task force shall--
(1) develop a plan and schedule consistent with the policy
of prohibiting any commercial extractive or destructive human
activity on at least 30 percent of the ocean under United
States jurisdiction by 2030 that includes--
(A) an update to the National Marine Protected Area
Center's Marine Protected Area Inventory;
(B) the identification of candidate areas for
protection that meet one or more of the criteria set
out in section 201(b); and
(C) annual benchmarks for achieving the policy
described in subsection (d)(1); and
(2) develop a plan to provide technical assistance, data,
and other resources for identifying and establishing strongly
protected areas of the ocean in areas beyond national
jurisdiction that includes--
(A) an inventory of areas already protected in
areas of the ocean beyond the jurisdiction of the
United States, and a description of any activities that
are currently allowed in each of the areas; and
(B) an inventory of areas that other countries or
international governing bodies are considering making a
marine protected area.
(e) Inventory.--The task force shall conduct an inventory of areas
under United States jurisdiction that are subject to both a prohibition
on all bottom-tending fishing gear and a prohibition on all fishing
gear with bycatch rates that adversely affect marine wildlife
populations, and identify additional prohibitions on nonfishing
commercial activities in those areas.
(f) Annual Report.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the task force shall
submit a report to Congress on the progress of the United States in
meeting the policy described in subsection (d)(1).
(g) Agency Plans.--Not later than 180 days after the date on which
the task force issues a plan under subsection (d), each member of the
task force shall develop and implement an agency plan for actions to be
taken to implement such task force plan.
(h) Public Comment and Consultation.--The development of a plan
under subsection (e) and the development of a plan under subsection (g)
shall be subject to public comment and carried out in consultation with
relevant Regional Fishery Management Councils established under the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(i) Definitions.--In this section the term ``task force'' means the
30x30 Interagency Task Force established pursuant to subsection (a).
SEC. 203. INITIATE DESIGNATION PROCESS FOR SUCCESSFUL SANCTUARY
NOMINATIONS AND TECHNICAL CORRECTIONS TO THE NATIONAL
MARINE SANCTUARIES ACT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Commerce shall initiate the
process to designate as a national marine sanctuary under section 304
of the National Marine Sanctuaries Act (16 U.S.C. 1433) each of the
areas identified in the Inventory of Successful Nominations of the
National Oceanic and Atmospheric Administration as of October 20, 2020.
(b) Removal of Limitations on Designations.--Section 304 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1434) is amended by striking subsection (f).
SEC. 204. INCREASED PROTECTION FOR DEEP SEA CORALS.
(a) Designation.--The Administrator shall designate as a Deep Sea
Coral Marine Conservation Area any area where deep sea coral is found--
(1) that is--
(A) within the waters of the exclusive economic
zone; or
(B) on the Outer Continental Shelf; and
(2) in which the Administrator or a Regional Fishery
Management Council established under section 302 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1852) has prohibited the use of gear in contact with the
ocean bottom, and towed from a vessel, which is moved through
the water during fishing in order to capture fish, including
otter trawls, beam trawls, hydraulic dredges, non-hydraulic
dredges, and seines (with the exception of a purse seine).
(b) Prohibitions.--Except as provided in subsection (c), the
following activities are prohibited in a Deep Sea Coral Marine
Conservation Area--
(1) exploring for, developing, or producing oil, gas, or
minerals;
(2) using or attempting to use poisons, electrical charges,
or explosives in the collection or harvest of any marine
resource;
(3) intentionally introducing or otherwise releasing any
non-native species;
(4) anchoring on any living or dead coral;
(5) drilling into, dredging, or otherwise altering the
seafloor;
(6) use of bottom trawl nets or other bottom-tending
fishing gear; and
(7) deliberate dumping or discharge of noxious substances,
materials that may cause eutrophication, or materials that
artificially increase endemic pest outbreaks.
(c) Exceptions.--Subsection (b) shall not apply to--
(1) otherwise lawful conduct of the armed forces (as such
term is defined in section 101 of title 10, United States Code)
unless such conduct is deemed destructive by the Secretary of
Commerce to a national marine monument or marine sanctuary;
(2) an action necessary to respond to an emergency
threatening life, property, or the environment, or an activity
necessary for a national security or law enforcement purpose;
and
(3) scientific exploration or research activities, subject
to such terms and conditions as the Secretaries consider
necessary for the care and management of the living and
nonliving marine resources of the Conservation Area.
(d) Analysis.--The Administrator shall, every two years, conduct an
analysis and provide recommendations to each Regional Fishery
Management Council established under 302 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852) as to whether
any additional area should be protected by a prohibition on the use of
gear in contact with the ocean bottom, and towed from a vessel, which
is moved through the water during fishing in order to capture fish,
including otter trawls, beam trawls, hydraulic dredges, non-hydraulic
dredges, and seines (with the exception of a purse seine).
SEC. 205. MARINE BIODIVERSITY GAP ANALYSIS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Commerce and the Secretary of the
Interior, in coordination with relevant Federal and State agencies,
shall begin a marine biodiversity gap analysis meeting the requirements
described in subsection (b) to be completed not later than 18 months
after such date. Such Secretaries, in coordination with relevant
Federal and State agencies, shall update such analysis not less
frequently than every 2 years thereafter.
(b) Requirements.--The requirements of this subsection are that the
Marine Biodiversity Gap Analysis shall--
(1) be consistent with the policy set out in section 201;
(2) assess habitats, species, and ecosystems across the
United States ocean waters and coasts; and
(3) determine what types of habitats, species, and
ecosystems and the percentage of each type of habitat, species,
and ecosystem are necessary to protect in order to--
(A) protect biodiversity; and
(B) mitigate and provide resilience to the impacts
of climate change.
(c) Publication.--The Secretary of Commerce shall publish the
marine biodiversity gap analysis required by subsection (a) on a public
website.
(d) Report.--Biennially, the Secretary of Commerce and Secretary of
the Interior shall publish a report on candidate areas for protection,
and on progress for advancing protection of habitats, species, and
biodiversity identified in the gap analysis required by subsection (a).
(e) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 in each fiscal year to carry out this section.
TITLE III--OFFSHORE ENERGY
Subtitle A--Oil and Gas Leasing in the Outer Continental Shelf
SEC. 301. PROHIBITION OF OIL AND GAS LEASING IN ALL AREAS OF THE OUTER
CONTINENTAL SHELF.
(a) In General.--Notwithstanding any provision of law, beginning on
the date of enactment of this section, with respect to any area on the
Outer Continental Shelf, no agency of the United States or person may
conduct or authorize any other person to conduct--
(1) oil and gas preleasing, leasing and related activities;
or
(2) geological or geophysical activities in support of oil,
gas, or methane hydrate exploration or development except such
activities conducted pursuant to a lease issued before the date
of enactment of this section.
(b) Best Available Technology.--In addition to any other measures
required by law, the Secretary of the Interior shall require any lessee
conducting geophysical exploration on the Outer Continental Shelf to
use the best commercially available technology with respect to reducing
acoustic pressure levels to conduct such exploration.
(c) Outer Continental Shelf.--In this section, the term ``Outer
Continental Shelf'' has the meaning given the term ``outer Continental
Shelf'' in Section 2 of the Outer Continental Shelf Lands Act (43
U.S.C. 1331).
Subtitle B--Offshore Renewable Energy
SEC. 311. SENSE OF CONGRESS ON THE IMPORTANCE OF OFFSHORE WIND ENERGY.
(a) Findings.--Congress finds the following:
(1) Rapid decarbonization of the electric sector is central
to stopping global temperature rise at 1.5 degrees Celsius.
(2) The United States can and must address this crisis by
putting people to work building the necessary infrastructure to
overcome the climate threat.
(3) The United States offshore wind resources must be
harnessed in order to both rapidly reduce our carbon emissions
and put people back to work.
(4) Deploying 30,000 megawatts of offshore wind by 2030
will result in up to 83,000 jobs, $57,000,000,000 of cumulative
investment in the United States economy, and $25,000,000,000 in
annual economic input.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should rapidly build out its offshore
wind resources as a key part of achieving a national goal of
net zero emissions;
(2) offshore wind lease areas should be determined by a
robust and transparent stakeholder process that incorporates
early engagement and input from diverse user groups as well as
Federal, State, and local governments;
(3) offshore wind buildout must ensure ecosystem health and
the protection of vulnerable and endangered species; and
(4) permitting agencies must have sufficient resources to
carry out a robust and efficient permitting process.
SEC. 312. NATIONAL OFFSHORE WIND GOALS.
(a) Targets.--The Secretary of the Interior shall seek to permit--
(1) not less than 12.5 gigawatts of offshore wind energy
production on the Outer Continental Shelf by January 1, 2025;
and
(2) not less than 25 gigawatts of offshore wind energy
production on the Outer Continental Shelf by January 1, 2030.
(b) Report.--The Secretary of the Interior shall report to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate beginning in
December 2020 and each year thereafter on the Secretary's progress in
meeting the targets described in subsection (a).
SEC. 313. 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. 314. INCREASING FUNDING FOR SCIENTIFIC RESEARCH.
(a) In General.--Of the amounts obtained from each lease sale
beginning on the date that is 60 days after the date of enactment of
this Act, $5,000,000 shall be available without subsequent
appropriation to Administrator to fund cooperative research on the
interaction between wind-development, fisheries, protected species, and
marine species of mammals, birds, and sea turtles, and the technologies
for data collection and other scientific and permitting needs deemed
necessary by the Secretary of Commerce, in consultation with the
Secretary of the Interior and the Secretary of Energy, to support
responsible long-term development of offshore wind energy resources on
the Outer Continental Shelf.
(b) Conforming Amendment.--Section 9 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1338) is amended by striking ``all'' and inserting
``Except as provided in section 314 of the Ocean-Based Climate
Solutions Act of 2020, all''.
SEC. 315. EXTENDING COLLABORATION WITH INDUSTRY.
Section 113 of Division G of Public Law 113-7 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 or 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 exploration or
development, 2014 through 2030.''.
SEC. 316. DEVELOPING STRATEGIES TO PROTECT WILDLIFE.
Not later than 1 year after the date of enactment of this Act, the
National Academies shall prepare a report that reviews, compiles, and
synthesizes existing research and best practices for offshore wind
development that minimize effects on wildlife and protected species.
The report shall--
(1) provide a quantitative assessment of the contributions
of offshore wind in reducing carbon emissions in the
electricity sector and helping to improve human health and
wildlife populations along the Atlantic and Pacific coasts of
the United States; and
(2) provide a quantitative assessment of effectiveness of
methods to measure the effects of offshore wind on wildlife and
best practices to monitor, avoid, minimize, and mitigate harm
to wildlife.
SEC. 317. 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 paragraph (a)--
(i) by inserting after ``control'' the
following: ``or lying within the exclusive
economic zone of the United States and the
outer Continental Shelf adjacent to any
territory or possession of the United States'';
and
(ii) by adding at the end before the
semicolon the following: ``, except that such
term shall not include any area conveyed by
Congress to a territorial government for
administration'';
(B) in paragraph (p), by striking ``and'' after the
semicolon at the end;
(C) in paragraph (q), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(r) The term `State' means the several States, the Commonwealth
of Puerto Rico, Guam, American Samoa, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.''.
(2) Exclusions.--Section 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344) is amended by adding at the end the
following:
``(i) This section shall not apply to the scheduling of lease sales
in the outer Continental Shelf adjacent to the Territories and
possessions of the United States.''.
(b) Wind Lease Sales for Areas of Outer Continental Shelf.--The
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended
by adding at the end the following:
``SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.
``(a) Authorization.--The Secretary may conduct wind lease sales on
the outer Continental Shelf.
``(b) Wind Lease Sale Procedure.--Any wind lease sale conducted
under this section shall be considered a lease under section 8(p).
``(c) 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
on an area of the outer Continental Shelf within the
territorial jurisdiction 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 paragraph (A), the Secretary shall
consult--
``(i) the National Laboratories, 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 Northern Mariana Islands,
Puerto Rico, and the Virgin Islands of the
United States.
``(C) Publication.--The study required in paragraph
(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 resident
commissioners to the House of Representatives
from American Samoa, Guam, 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
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 1 wind lease sale
on an area of the outer Continental Shelf within the
territorial jurisdiction of such territory that 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 for the area.
``(iii) The Secretary has consulted with
the Secretary of Defense and other relevant
Federal agencies regarding such a 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 (iii) of subparagraph (A), the requirement
under subparagraph (A) shall not apply to such
territory.''.
SEC. 318. MARINE ENERGY RESEARCH.
(a) In General.--Subtitle C of title VI of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17001 et seq.) is amended to read
as follows:
``SEC. 631. SHORT TITLE.
``This subtitle may be cited as the `Marine Energy Research and
Development Act'.
``SEC. 632. DEFINITIONS.
``In this subtitle:
``(1) Eligible entity.--The term `eligible entity' means
any of the following entities:
``(A) An institution of higher education.
``(B) A National Laboratory.
``(C) A Federal research agency.
``(D) A State research agency.
``(E) A nonprofit research organization.
``(F) An industrial entity or a multi-institutional
consortium thereof.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(3) Marine energy.--The term `marine energy' means energy
from--
``(A) waves, tides, and currents in oceans,
estuaries, and tidal areas;
``(B) free flowing water in rivers, lakes, streams,
and man-made channels;
``(C) differentials in salinity and pressure
gradients; and
``(D) differentials in water temperature, including
ocean thermal energy conversion.
``(4) National laboratory.--The term `National Laboratory'
has the meaning given such term in section 2(3) of the Energy
Policy Act of 2005 (42 U.S.C. 15801(3)).
``(5) Microgrid.--The term `microgrid' has the meaning
given such term in section 641 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17231).
``SEC. 633. MARINE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
``(a) In General.--The Secretary, in consultation with the
Department of Defense, Secretary of Commerce (acting through the Under
Secretary of Commerce for Oceans and Atmosphere), the Secretary of the
Interior, and other relevant Federal agencies, shall conduct a program
of research, development, demonstration, and commercial application of
marine energy technology, including activities to--
``(1) assist technology development to improve the
components, processes, and systems used for power generation
from marine energy resources at a variety of scales;
``(2) establish and expand critical testing infrastructure
and facilities necessary to--
``(A) demonstrate and prove marine energy devices
at a range of scales in a manner that is cost-effective
and efficient; and
``(B) accelerate the technological readiness and
commercial application of such devices;
``(3) address marine energy resource variability issues,
including through the application of energy storage
technologies;
``(4) advance efficient and reliable integration of marine
energy with the electric grid, which may include smart building
systems;
``(5) identify and study critical short- and long-term
needs to maintaining a sustainable marine energy supply chain
based in the United States;
``(6) increase the reliability, security, and resilience of
marine energy technologies;
``(7) validate the performance, reliability,
maintainability, and cost of marine energy device designs and
system components in an operating environment;
``(8) consider the protection of critical infrastructure,
such as adequate separation between marine energy devices and
projects and submarine telecommunications cables, including
through the development of voluntary, consensus-based standards
for such purposes;
``(9) identify opportunities for crosscutting research,
development, and demonstration programs between existing energy
research programs;
``(10) identify and improve, in conjunction with the
Secretary of Commerce, acting through the Under Secretary of
Commerce for Oceans and Atmosphere, and other relevant Federal
Agencies as appropriate, the environmental impact, including
potential cumulative environmental impacts, of marine energy
technologies, including--
``(A) potential impacts on fisheries and other
marine resources; and
``(B) developing technologies, including mechanisms
for self-evaluation, and other means available for
improving environmental impacts, including potential
cumulative environmental impacts;
``(11) identify, in consultation with relevant Federal
agencies, potential navigational impacts of marine energy
technologies and strategies to prevent possible adverse
impacts, in addition to opportunities for marine energy systems
to aid the United States Coast Guard, such as remote sensing
for coastal border security;
``(12) develop numerical and physical tools, including
models and monitoring technologies, to assist industry in
device and system design, installation, operation, and
maintenance, including methods to validate such tools;
``(13) support materials science as it relates to marine
energy technology, such as the development of corrosive-
resistant materials;
``(14) improve marine energy resource forecasting and
general understanding of aquatic system behavior, including
turbulence and extreme conditions;
``(15) develop metrics and voluntary consensus-based
standards in coordination with the National Institute of
Standards and Technology and appropriate standard development
organizations for marine energy components, systems, and
projects, including--
``(A) measuring performance of marine energy
technologies; and
``(B) characterizing environmental conditions;
``(16) enhance integration with hybrid energy systems,
including desalination;
``(17) identify opportunities to integrate marine energy
technologies into new and existing infrastructure; and
``(18) develop technology necessary to support the use of
marine energy--
``(A) for the generation and storage of power at
sea; and
``(B) for the generation and storage of power to
promote the resilience of coastal communities,
including in applications relating to--
``(i) desalination;
``(ii) disaster recovery and resilience;
and
``(iii) community microgrids in isolated
power systems.
``(b) Study of Non-Power Sector Applications for Advanced Marine
Energy Technologies.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation and the Secretary of Commerce,
shall conduct a study to examine opportunities for research and
development in advanced marine energy technologies for non-
power sector applications, including applications with respect
to--
``(A) the maritime transportation sector;
``(B) associated maritime energy infrastructure,
including infrastructure that serves ports, to improve
system resilience and disaster recovery; and
``(C) enabling scientific missions at sea and in
extreme environments, including the Arctic.
``(2) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a report that describes the results of the
study conducted under paragraph (1).
``SEC. 634. NATIONAL MARINE ENERGY CENTERS.
``(a) Centers.--The Secretary shall award grants, with each grant
up to $10,000,000 per year, to institutions of higher education (or
consortia thereof) for--
``(1) the continuation and expansion of the research,
development, demonstration, testing, and commercial application
activities at the National Marine Energy Centers (referred to
in this section as `Centers') established as of January 1,
2020; and
``(2) the establishment of new National Marine Energy
Centers.
``(b) Location Selection.--In selecting institutions of higher
education for new Centers, the Secretary shall consider the following
criteria:
``(1) Whether the institution hosts an existing marine
energy research and development program.
``(2) Whether the institution has proven technical
expertise to support marine energy research.
``(3) Whether the institution has access to marine
resources.
``(c) Purposes.--The Centers shall coordinate among themselves, the
Department, and the National Laboratories to--
``(1) advance research, development, demonstration and
commercial application of marine energy technologies in
response to industry and commercial needs;
``(2) support in-water testing and demonstration of marine
energy technologies, including facilities capable of testing--
``(A) marine energy systems of various technology
readiness levels and scales;
``(B) a variety of technologies in multiple test
berths at a single location;
``(C) arrays of technology devices; and
``(D) interconnectivity to an electrical grid,
including microgrids; and
``(3) collect and disseminate information on best practices
in all areas relating to developing and managing marine energy
resources and energy systems.
``(d) Coordination.--To the extent practicable, the Centers shall
coordinate their activities with the Secretary of Commerce, acting
through the Under Secretary of Commerce for Oceans and Atmosphere, and
other relevant Federal agencies.
``(e) Termination.--To the extent otherwise authorized by law, the
Secretary may terminate funding for a Center described in paragraph (a)
if such Center is underperforming.
``SEC. 635. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
``(a) Coordination.--In carrying out this subtitle, the Secretary
shall coordinate activities, and effectively manage cross-cutting
research priorities across programs of the Department and other
relevant Federal agencies, including the National Laboratories and the
National Marine Energy Centers.
``(b) Collaboration.--
``(1) In general.--In carrying out this subtitle, the
Secretary shall collaborate with industry, National
Laboratories, other relevant Federal agencies, institutions of
higher education, including Minority Serving Institutions,
National Marine Energy Centers, Tribal entities, including
Alaska Native Corporations, and international bodies with
relevant scientific and technical expertise.
``(2) Participation.--To the extent practicable, the
Secretary shall encourage research projects that promote
collaboration between entities specified in paragraph (1) and
include entities not historically associated with National
Marine Energy Centers, such as Minority Serving Institutions.
``(3) International collaboration.--The Secretary of
Energy, in coordination with other appropriate Federal and
multilateral agencies (including the United States Agency for
International Development) shall support collaborative efforts
with international partners to promote the research,
development, and demonstration of technologies used to develop
marine energy resources.
``(c) Dissemination of Results and Public Availability.--The
Secretary shall--
``(1) publish the results of projects supported under this
subtitle through Department websites, reports, databases,
training materials, and industry conferences, including
information discovered after the completion of such projects,
withholding any industrial proprietary information; and
``(2) share results of such projects with the public except
to the extent that the information is protected from disclosure
under section 552(b) of title 5, United States Code.
``(d) Award Frequency.--The Secretary shall solicit applications
for awards under this subtitle no less frequently than once per fiscal
year.
``(e) Education and Outreach.--In carrying out the activities
described in this subtitle, the Secretary shall support education and
outreach activities to disseminate information and promote public
understanding of marine energy technologies and the marine energy
workforce, including activities at the National Marine Energy Centers.
``(f) Technical Assistance and Workforce Development.--In carrying
out this subtitle, the Secretary may also conduct, for purposes of
supporting technical, non-hardware, and information-based advances in
marine energy development and operations--
``(1) technical assistance and analysis activities with
eligible entities, including activities that support expanding
access to advanced marine energy technologies for rural,
Tribal, and low-income communities; and
``(2) workforce development and training activities,
including to support the dissemination of standards and best
practices for enabling marine energy production.
``(g) Strategic Plan.--In carrying out the activities described in
this subtitle, the Secretary shall--
``(1) not later than one year after the date of the
enactment of the Marine Energy Research and Development Act,
draft a plan, considering input from relevant stakeholders such
as industry and academia, to implement the programs described
in this subtitle and update the plan on an annual basis; and
``(2) the plan shall address near-term (up to 2 years),
mid-term (up to 7 years), and long-term (up to 15 years)
challenges to the advancement of marine energy systems.
``(h) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, and at least once every 2 years thereafter,
the Secretary shall provide, and make available to the public and the
relevant authorizing and appropriations committees of Congress, a
report on the findings of research conducted and activities carried out
pursuant to this subtitle, including the most current strategic plan
under subsection (g) and the progress made in implementing such plan.
``SEC. 636. APPLICABILITY OF OTHER LAWS.
``Nothing in this subtitle shall be construed as waiving,
modifying, or superseding the applicability of any requirement under
any environmental or other Federal or State law.
``SEC. 637. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out this subtitle--
``(1) $112,580,000 for marine energy research, development,
and demonstration activities for fiscal year 2021;
``(2) $116,303,200 for marine energy research, development,
and demonstration activities for fiscal year 2022;
``(3) $120,175,562 for marine energy research, development,
and demonstration activities for fiscal year 2023;
``(4) $124,203,295 for marine energy research, development,
and demonstration activities for fiscal year 2024; and
``(5) $128,392,869 for marine energy research, development,
and demonstration activities for fiscal year 2025.''.
(b) Conforming Table of Contents Amendment.--The table of contents
for the Energy Independence and Security Act of 2007 is amended by
striking the items relating to subtitle C of title VI and inserting the
following:
``Subtitle C--Marine Energy Research and Development
``Sec. 631. Short title.
``Sec. 632. Definitions.
``Sec. 633. Marine energy research, development, and demonstration.
``Sec. 634. National Marine Energy Centers.
``Sec. 635. Organization and administration of programs.
``Sec. 636. Applicability of other laws.
``Sec. 637. Authorization of appropriations.''.
(c) Conforming Amendments.--
(1) Energy policy act of 2005.--The Energy Policy Act of
2005 (42 U.S.C. 15801 et seq.) is amended--
(A) in section 201(a), by striking ``ocean
(including tidal, wave, current, and thermal)'' and
inserting ``marine'';
(B) in section 203(b)(2), by--
(i) inserting ``marine energy (as defined
in section 632 of the Energy Independence and
Security Act of 2007) or'' before ``electric
energy''; and
(ii) by striking ``ocean (including tidal,
wave, current, and thermal)'';
(C) in section 931(a)(2)(E)(i), by striking ``ocean
energy, including wave energy'' and inserting ``marine
energy (as defined in section 632 of the Energy
Independence and Security Act of 2007)''; and
(D) in section 1833(a), by striking ``ocean energy
resources (including tidal, wave, and thermal energy)''
and inserting ``marine energy resources (within the
meaning of section 632 of the Energy Independence and
Security Act of 2007)''.
(2) Energy policy act of 1992.--Section 1212 of the Energy
Policy Act of 1992 (42 U.S.C. 13317) is amended--
(A) in subsection (a)(4)(A)(i), by striking ``ocean
(including tidal, wave, current, and thermal)'' and
inserting ``marine energy (as defined in section 632 of
the Energy Independence and Security Act of 2007)'';
(B) in subsection (b), in the matter preceding
paragraph (1), by striking ``ocean (including tidal,
wave, current, and thermal)'' and inserting ``marine
energy (as defined in section 632 of the Energy
Independence and Security Act of 2007)''; and
(C) in subsection (e)(1), in the first sentence, by
striking ``ocean (including tidal, wave, current, and
thermal)'' and inserting ``marine energy (as defined in
section 632 of the Energy Independence and Security Act
of 2007)''.
(3) Renewable energy and energy efficiency technology
competitiveness act of 1989.--The Renewable Energy and Energy
Efficiency Technology Competitiveness Act of 1989 (42 U.S.C.
12001 et seq.) is amended--
(A) in section 4 (42 U.S.C. 12003)--
(i) in subsection (a)(5), by striking
``Ocean'' and inserting ``Marine''; and
(ii) in subsection (c), in the matter
preceding paragraph (1), by striking ``Ocean''
and inserting ``Marine''; and
(B) in section 9(c) (42 U.S.C. 12006(c)), by
striking ``ocean,'' and inserting ``marine,''.
SEC. 319. 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 any lease under this
subsection for the production of wind energy, 30
percent of the revenue from such lease shall be
deposited in the National Oceans and Coastal Security
Fund established by section 904 of the National Oceans
and Coastal Security Act (16 U.S.C. 7503).''.
TITLE IV--CLIMATE-READY FISHERIES, EFFICIENT FISHERY VESSELS, AND BUY
AMERICAN SEAFOOD
SEC. 401. 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 can be a
sustainable healthy source of protein and micronutrients;
(4) fresh, frozen, dried, and canned domestic seafood can
be produced, processed, and transported in a manner that has a
low carbon footprint;
(5) marine species that are small, at lower trophic levels,
and pelagic typically have the smallest carbon footprint; and
(6) therefore, any executive agency that purchases seafood
products should, to the extent practicable, buy local American-
caught or American-harvested and American-processed seafood
products from fisheries that are not overfished or experiencing
overfishing in order to reduce the greenhouse gas emissions
associated with the supply chain of seafood products.
SEC. 402. CAUGHT IN THE USA.
Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C. 713c-
3(c)(1)) is amended to read as follows:
``(1) The Secretary shall make grants from the fund
established under subsection (b) to--
``(A) assist persons in carrying out research and
development projects addressed to any aspect of United
States fisheries, including harvesting, processing,
marketing, and associated infrastructures; or
``(B) assist persons to market and promote the
consumption of--
``(i) local or domestic fishery products;
``(ii) environmentally- and climate-
friendly fishery products that minimize bycatch
and impacts on marine mammals;
``(iii) invasive species; or
``(iv) well-managed but less known
species.''.
SEC. 403. 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
overcapacity, overfishing, or illegal, unreported, and
unregulated fishing, such as subsidies that--
``(i) increase the marine fishing capacity
of fishing vessels or support the acquisition
of equipment that increases the ability of
fishing vessels to find fish;
``(ii) support the construction of fishing
vessels, importation of fishing vessels, or
government repurchase of fishing vessels
outside of a binding and effective fishing
capacity reduction program that includes the
corresponding elimination of fishing rights and
a binding and effective prohibition on the
reuse of vessels for fishing to increase
capacity in any fishery;
``(iii) affect fish stocks in any fishery--
``(I) in an overfished or worse
condition;
``(II) whose stock levels are
declining; or
``(III) whose stock level status
remains unknown;
``(iv) are provided to fishing enterprises
engaged in long-distance fishing, either on the
high seas or in the exclusive economic zone of
a third country;
``(v) support the transfer or reflagging of
fishing vessels to third countries, including
through the creation of joint ventures with
partners of those countries;
``(vi) are provided to the fishing
enterprises or to owners or operators of
vessels that have been determined to have
engaged in illegal, unreported, and unregulated
fishing by a coastal state or a regional
fisheries management organization; or
``(vii) reduce fuel, insurance, or other
operating costs solely for fishing enterprises.
``(B) To require parties to trade agreements--
``(i) to report to an environmental affairs
committee established under the agreement, on
an annual basis, all marine fishing-related
subsidies provided by the parties, including
fleet capacity and trade data concerning the
fisheries that the subsidies affect;
``(ii) to establish an independent body to
make annual assessments of the health of fish
stocks in each domestic fishery and report such
assessments to such environmental affairs
committee;
``(iii) with respect to shared or
international fisheries in which each party is
involved in fishing activities, to commit to
cooperating with third countries, regional
fisheries management organizations, and
assessment bodies in annual assessments of the
health of fish stocks in such fisheries; and
``(iv) to certify to such environmental
affairs committee that they have made and
continue to make adequate progress toward the
goal of protecting and conserving, through
well-connected and effective system of
protected areas and other effective area-based
conservation measures, at least 30 percent of
the planet by 2030, with the focus on areas
particularly important for biodiversity.
``(C) To require parties to trade agreements that
are also members of the World Trade Organization to
work collaboratively at the Organization to establish
and maintain robust disciplines on fisheries
subsidies.''.
(b) Effective Date.--The amendments made by subsection (a)--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to negotiations for trade agreements
subject to the provisions of section 103 of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015
(19 U.S.C. 4202) entered into on or after such date of
enactment.
SEC. 404. 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. 405. 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, in consultation
with appropriate 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 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-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 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, resolve jurisdictional issues, and support
achievement of conservation mandates in the face of shifting
stocks;
``(4) promote the use of climate-informed stock
assessments;
``(5) provide guidance on the use of climate-responsive
control rules in 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 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 the socioeconomic impacts
of climate change on fishing participants 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 incorporation of climate change 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, in consultation with the
Councils, shall, not later than 3 years after the date of enactment of
the Ocean-Based Climate Solutions Act of 2020 and every 3 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;
``(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 will 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).''.
SEC. 406. CLIMATE-READY FISHERIES INNOVATION PROGRAM.
(a) Climate-Ready Fisheries Innovation Program.--Not later than 1
year after the date of enactment of this Act, the Administrator shall
establish a program, including grants, to develop innovative tools and
approaches designed to increase the adaptive capacity of fishery
management to the impacts of climate change. In administering such
program, the Administrator shall--
(1) develop science and management approaches that address
regional and national priorities to improve the conservation
and management of fishery resources under current and
anticipated climate impacts;
(2) provide for routine consultation with fishery managers
and scientists in order to maximize opportunities to
incorporate results of the program in fishery management
actions;
(3) promote adoption of methods developed under the program
in fishery management plans developed by the Regional Fishery
Management Councils;
(4) provide information and outreach to the private sector
and academic sector to encourage development of tools and
approaches to manage the effects of climate change on
fisheries; and
(5) provide information and outreach to fishery
participants to increase understanding of and encourage
adoption and use of tools and approaches developed under the
program.
(b) Coordination of the Program.--
(1) The Administrator shall establish a process to ensure
coordination with and outreach to--
(A) regional offices and science centers of the
National Marine Fisheries Service;
(B) the Regional Fishery Management Councils;
(C) the scientific and statistical committees of
such Fishery Management Councils; and
(D) other relevant programs, including the
cooperative research and management program under
Section 318 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1867), the
Integrated Ocean Observing System, and programs within
the National Oceanic and Atmospheric Administration
designed to address ocean acidification.
(2) Such coordination should include identification of
multi-year research priorities to study and understand the
current and anticipated impacts of climate change on fisheries,
fisheries interactions, habitats, fishery participants,
fisheries science and monitoring, or other relevant priority.
Such priorities should be routinely reviewed in a timeframe not
to exceed 5 years and updated as necessary.
(c) Report.--Every 2 years, beginning 2 years after the date of the
enactment of this Act, the Administrator shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Natural Resources that--
(1) describes funding provided to implement this section;
(2) includes descriptions of and developments in tools and
approaches achieved under this section;
(3) describes how and in which fisheries these tools and
approaches have been implemented; and
(4) describes improvements in fishery climate-readiness
associated with implementing this section, as well as proposals
to address remaining problems.
SEC. 407. SHIFTING STOCKS TASK FORCE.
(a) Establishment.--The Administrator shall establish, not later
than 120 days after the date of enactment of this Act, a task force to
be known as the ``Shifting Stocks Task Force'' consisting of 10
members, including 1 member recommended by each of 8 Regional Fishery
Management Councils and the Highly Migratory Species Advisory Panel and
the Administrator or their designee.
(b) Membership.--
(1) Terms.--Except as provided by paragraph (2), terms of
appointed members of the Task Force shall be staggered, shall
be 2 years in duration, and no member shall serve more than 3
terms.
(2) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term.
(3) Criteria for appointment.--Members appointed to the
Task Force shall be Federal employees, State employees, Tribal
and Indigenous representatives, academics, or independent
experts, shall have strong scientific or technical credentials
and experience, and shall not include members of the Regional
Fishery Management Councils.
(4) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(5) Chairperson.--The chairperson of the Task Force shall
be elected by the members.
(c) Meetings.--The Task Force shall meet not less than 4 times
annually.
(d) Staff Support.--Upon request of the Task Force, the
Administrator may detail on a reimbursable basis personnel to the Task
Force to assist such Task Force.
(e) Development of Criteria.--Not later than 1 year after the date
of enactment of this Act, the Task Force shall develop, in consultation
with the Administrator and the Regional Fishery Management Councils,
science-based decision-making criteria to make jurisdiction,
allocation, and fishery management decisions that minimize the risk of
overfishing and maximize stock and ecosystem resilience to the effects
of climate change, are consistent with the national standards, the
other provisions of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), regulations implementing
recommendations by international organizations in which the United
States participates (including but not limited to closed areas, quotas,
and size limits), and any other applicable law.
(f) Recommendations.--The Task Force shall make recommendations to
the Administrator and to the Regional Fishery Management Councils
recommendations for the allocation and distribution of fishing
privileges based on the criteria developed under subsection (e).
(g) Petitions.--Any member of the public may submit a petition to
request the review of potentially shifting stock. In order to be
eligible for consideration, a petition must include sufficiently
descriptive information regarding the stock or stocks in question, the
jurisdiction or allocation concerns, and any other relevant
information.
(h) Petition Review and Recommendation.--
(1) Determination of sufficient information.--Upon receipt
of a petition under subsection (f), the Task Force shall, not
later than 60 days after the date of such receipt, determine by
majority vote whether the petition contains sufficient
information to show that a substantial shift in the
distribution of a stock has occurred.
(2) Review process.--If the Task Force makes a
determination under paragraph (1) that a petition contains
sufficient information, the Task Force shall review such
petition. Such review shall include--
(A) a public hearing in the affected region; and
(B) a public notice and comment period of not less
than 90 days.
(3) Written recommendation.--Upon completion of a review
under paragraph (2), the Task Force shall--
(A) determine which Regional Fishery Management
Council's or Councils' geographic area of authority the
fishery is located in; and
(B) submit to the Administrator, each affected
Regional Fishery Management Council, and the petitioner
written recommendations for allocation and distribution
of fishing privileges within the fishery.
(4) Response.--Upon receipt of a recommendation from the
Task Force under paragraph (3), the Administrator shall--
(A) begin consultation with the affected Regional
Fishery Management Council regarding necessary changes
to fishery management plans; and
(B) not later than 180 days after the date of
receipt of the Task Force's recommendation, ensure that
a compliant fishery management plan that fully accounts
for the best available science on shifting stocks and
the recommendations of the Task Force is created,
published, and implemented.
(5) Publication.--The Task Force shall publish on the
internet each petition received under this section, the
determination as made under paragraph (1) and any written
recommendations produced under paragraph (3).
(i) Task Force.--In this section, the term ``Task Force'' means the
Shifting Stocks Task Force established pursuant to subsection (a).
SEC. 408. 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.--
``(i) Essential fish habitat.--With respect
to any Federal agency action that may have an
adverse affect on essential fish habitat, each
Federal agency shall, in consultation with the
Secretary, ensure that any action authorized,
funded, or undertaken by such agency avoids the
adverse effect of such action on essential fish
habitat or, to the extent that the adverse
effect cannot be avoided, the agency shall
minimize and mitigate the adverse effect.
``(ii) Habitat area of particular
concern.--No Federal agency may authorize,
fund, or undertake an action if such agency
determines, in consultation with the Secretary,
that such action would have an adverse effect
on a habitat area of particular concern.
``(B) Regulations.--The Secretary shall establish
regulations for the consultation process required by
subparagraph (A), including to ensure that
recommendations made by the Secretary pursuant to such
subparagraph would result in the avoidance, if
possible, of adverse effects on essential fish habitat
and, if avoidance is not possible, the minimization and
mitigation of any such adverse effects.
``(3) Information to council.--The Secretary shall inform
each affected Council of any consultation carried out under
paragraph (2), including information on the proposed action and
any potential adverse effects, and each affected Council--
``(A) may comment on and make recommendations to
the Secretary and any Federal or State agency
concerning the underlying action if, in the view of the
Council, such action may affect the habitat of a
fishery resource under the authority of such Council;
and
``(B) shall comment on and make recommendations to
the Secretary and any Federal or State agency
concerning the underlying action if, in the view of the
Council, such action is likely to adversely affect the
habitat of an anadromous fishery resource under the
authority of such Council.
``(4) Information from other sources.--
``(A) Receipt of information.--If the Secretary
receives information from any source and determines
that an action taken, funded, or authorized or proposed
to be taken, funded, or authorized by a State or
Federal agency may have an adverse effect on an
essential fish habitat identified under this Act, the
Secretary shall recommend to such agency measures that
avoid such adverse effects and minimize or mitigate
such adverse effects that cannot be avoided.
``(B) Required response.--Not later than 30 days
after receiving a recommendation under subparagraph
(A), a Federal, State, or local agency shall provide a
detailed response in writing to any Council comment
under paragraph (3) and the Secretary regarding the
matter. The response shall include a description of
measures proposed by the agency for avoiding the
adverse effects, or to the extent the adverse effects
cannot be avoided, mitigating the adverse effects of
the action on such essential fish habitat. In the case
of a response that is inconsistent with the
recommendations of the Secretary, the Federal agency
shall explain how the alternative measures proposed
will avoid the adverse effects of such action on
essential fish habitat or, to the extent that adverse
effects cannot be avoided, mitigate the adverse
effects.
``(C) Publication.--The Secretary shall make
available to the public--
``(i) any recommendation made under
subparagraph (A) on the date on which such
recommendation is made; and
``(ii) any response made by an agency under
subparagraph (B) on the date on which such
response is received.
``(5) Essential fish habitat.--In this subsection, the term
`habitat areas of particular concern' means specific types of
areas that are part of or within essential fish habitat that--
``(A) provide an important ecological function,
including for maintaining and restoring the biomass,
demographic, spatial, or genetic characteristics of
fish populations;
``(B) are sensitive to human-induced environmental
degradation;
``(C) are or will be significantly stressed by
human activities;
``(D) due to prevailing or anticipated future
environmental conditions, are or may become important
to the health of managed species; or
``(E) are rare.''.
SEC. 409. OCEAN AQUACULTURE RESEARCH AND POLICY PROGRAM.
(a) Establishment.--The Administrator shall establish an Ocean
Aquaculture Research and Policy Program to address opportunities,
challenges, and innovation in restorative ocean aquaculture
development, siting, and operations in the coastal waters and exclusive
economic zone through--
(1) investment in research and technical assistance to
ensure adverse impacts to the marine environment can be fully
understood, anticipated, accounted for, and avoided and impacts
to wild-capture fisheries and marine wildlife are minimized
during the species selection, design, development, siting, and
operation of aquaculture facilities; and
(2) the development and application of best management
practices to ensure the species selection, design, development,
siting, and operation of restorative ocean aquaculture
maximizes potential benefits while minimizing potential adverse
impacts to the marine environment and wild-capture fisheries.
(b) Use of Existing Programs.--The Administrator shall use existing
grant and research programs to support the design, development, siting,
and operation of restorative ocean aquaculture using best management
practices to maximize potential benefits and minimize potential adverse
impacts to the marine environment.
(c) Prioritization in Other Programs.--In carrying out other
programs relating to aquaculture research and development, the
Administrator shall prioritize restorative ocean aquaculture, including
in carrying out--
(1) the Small Business Innovation Research Program of the
National Oceanic and Atmospheric Administration;
(2) National Sea Grant College Program; and
(3) section 2 of the Act of August 11, 1939 (15 U.S.C.
713c-3).
(d) Prioritization Within the Program.--In carrying out this
section, the Administrator shall prioritize support for research and
technology development that includes--
(1) design analyses of restorative aquaculture systems to
maximize ecosystem benefits while avoiding adverse impacts to
the marine environment and wild-capture fisheries and marine
wildlife;
(2) spatial analyses to understand and evaluate where
siting of restorative aquaculture can minimize adverse impacts
to migratory birds and waterbirds, marine birds and mammals,
endangered species, and other aspects of the marine ecosystem;
(3) monitoring both the individual and cumulative
environmental impacts of current and proposed small scale
aquaculture operations to inform potential impacts of large-
scale operations and siting;
(4) offshore monitoring, remediation, and mitigation
technology development; and
(5) understanding and preparing for impacts that climate
change may have on design development, siting, and operations
of restorative aquaculture facilities and the marine
environment.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, the National Academies shall submit to the Administrator
and to Congress a report that reviews, compiles, and synthesizes
existing technologies and assessments of restorative ocean aquaculture
to further inform ongoing research and technical assistance funded
under subsection (c).
(f) Content.--The report required by subsection (e) shall include
the following:
(1) A quantitative assessment of the capacity for
sequestering and storing significant amounts of carbon from the
atmosphere and ocean to mitigate the impacts of climate change.
(2) A comprehensive assessment of the blue carbon potential
for an aquaculture project, including its potential
environmental impacts, including cumulative impacts, to native
marine species and marine habitat and the potential adverse
wildlife interactions likely to result from the use of
restorative aquaculture technologies in use or under
development worldwide.
(3) A comprehensive assessment of the potential impacts,
including cumulative impacts, to wild-capture fisheries and
marine wildlife and the productivity thereof likely to result
from the use of restorative aquaculture technologies in use or
under development worldwide.
(4) An assessment of any known ecosystems services that
have been derived from restorative ocean aquaculture and
design, including siting and size parameters that maximize
those benefits.
(5) A detailed discussion of the mitigation measures
available currently to reduce any negative environmental or
wild-capture fisheries and marine wildlife impacts identified
and their degree of efficacy, as well as the real-time facility
monitoring options available.
(6) Recommendations of regionally relevant siting,
installation, and operations standards necessary to ensure that
restorative ocean aquaculture facilities are developed and
operated in a manner which minimizes impacts to the marine
environment and avoids and minimizes harmful interactions with
marine wildlife and habitat or conflict with other existing
ocean-user groups.
(7) Economic analysis identifying the potential benefits
and impacts to commercial and recreational fishing and ocean
recreation industries resulting from restorative ocean
aquaculture.
(8) Recommendations for further research and assessments
that should be supported.
(9) A sustainability classification system to assess the
various types of restorative aquaculture on a range of life
cycle ecological and social benefits and provides a composite
score with which to rank such types of restorative aquaculture.
TITLE V--COASTAL BARRIER RESOURCE ACT AMENDMENTS
SEC. 501. UNDEVELOPED COASTAL BARRIER.
Section 3(1) of the Coastal Barrier Resources Act (16 U.S.C.
3502(1)) is amended--
(1) by striking ``means'' and inserting ``includes'';
(2) in subparagraph (A), by inserting ``bluff,'' after
``barrier spit,''; and
(3) in subparagraph (B), by inserting ``including areas
that are and will be vulnerable to coastal hazards, such as
flooding, storm surge, wind, erosion, and sea level rise''
after ``nearshore waters''.
SEC. 502. COASTAL HAZARD PILOT PROJECT.
(a) In General.--
(1) Project.--The Secretary of the Interior shall carry out
a coastal hazard pilot project to produce draft maps of areas
which could be added to the John H. Chafee Coastal Barrier
Resources System that are and will be vulnerable to coastal
hazards, such as flooding, storm surge, wind, erosion and sea
level rise, and areas not in such System to which barriers and
associated habitats are likely to migrate as sea level rises.
(2) Number of units.--The coastal hazard pilot project
shall consist of the creation of maps for no more than 10
percent of the System, one-third of which shall be otherwise
protected areas as that term is defined in section 12 of the
Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note;
Public Law 101-591).
(b) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Natural Resources of the House of Representatives
a report describing the results of the coastal hazard pilot
project and the criteria and costs of completing coastal hazard
maps for the entire System.
(2) Contents.--The report shall include a description of--
(A) the final recommended maps created under the
coastal hazard pilot project;
(B) recommendations for the adoption of the digital
maps created under this section by Congress;
(C) a summary of the comments received from the
Governors of the States, other government officials,
and the public regarding the maps; and
(D) a description of the criteria and the amount of
funding necessary for completing coastal hazard maps
for the entire System.
(c) Consultation.--The Secretary shall prepare the report required
under subsection (b)--
(1) in consultation with the Governors of the States in
which any System units and otherwise protected areas are
located; and
(2) after--
(A) providing an opportunity for the submission of
public comments; and
(B) considering any public comments submitted under
subparagraph (A).
SEC. 503. REPORT ON EXPANDING COASTAL BARRIER RESOURCES ACT TO THE
PACIFIC COAST, INCLUDING PACIFIC TERRITORIES AND FREELY
ASSOCIATED STATES.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall prepare and submit a report to Congress
on ways to protect undeveloped coastal barriers along the Pacific Coast
of the United States, including in the Pacific Territories and Freely
Associated States. Such study shall examine the potential for loss of
human life and damage to fish, wildlife, and other natural resources,
and the potential for the wasteful expenditure of Federal revenues,
along the Pacific Coast, giving particular attention to tsunami, flood,
erosion, and storm damage, and sea level rise impacts.
(b) Contents.--The report required under subsection (a) shall
evaluate ways in which the definition of the term ``undeveloped coastal
barrier'' under section 3 of the Coastal Barrier Resources Act (16
U.S.C. 3502) could be expanded to more accurately address the geology
and functions of coastal barriers in areas along the Pacific Coast,
including in the Pacific Territories and Freely Associated States,
including the ways in which coastal bluffs, rocky outcroppings,
beaches, wetlands, estuaries, coral reefs, mangroves, and other
landforms in such areas function as coastal barriers by absorbing storm
impacts, protecting inland communities from sea level rise impacts,
providing habitat, and being subject to erosion.
(c) Preparation and Submission of Maps.--
(1) Preparation.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps
identifying the boundaries of those undeveloped coastal
barriers of the United States along the Pacific Coast,
including in the Pacific Territories and Freely Associated
States.
(2) Submission to congress.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall submit
to Congress maps identifying the boundaries of those
undeveloped coastal barriers of the United States along the
Pacific Coast, including the Pacific Territories and Freely
Associated States, that the Secretary considers to be
appropriate for inclusion in the John H. Chafee Coastal Barrier
Resources System.
(d) Pacific Territories and Freely Associated States Defined.--In
this section the term ``Pacific Territories and Freely Associated
States'' means each of American Samoa, Guam, the Republic of the
Marshall Islands, the Federated States of Micronesia, and Palau.
SEC. 504. 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 the secretary.--Not later than 30
days after the date of sale of any interest in real property
located in the System, the seller shall notify the Secretary
using the online system required by paragraph (3) of such sale
and shall certify to the Secretary that such seller complied
with the requirements of paragraph (1).
``(3) Online reporting system.--Not later than 30 days
after the date of enactment of this Act, the Secretary shall
establish and maintain an online reporting system to facilitate
notifications to the Secretary required by paragraph (2).
``(4) Civil penalty.--Any person who violates this
subsection shall be subject to a civil penalty of not more than
$10,000.''.
SEC. 505. IMPROVE FEDERAL AGENCY COMPLIANCE WITH COASTAL BARRIER
RESOURCES ACT.
(a) In General.--Section 7(b) of the Coastal Barrier Resources Act
(16 U.S.C. 3506(b)) is amended to read as follows:
``(b) Reports and Certification.--
``(1) The head of each Federal agency affected by this Act
shall annually report to the Committees and the Secretary that
such agency is in compliance with this Act.
``(2) Certification.--The Secretary shall annually certify
whether each such agency is in compliance with this Act.
``(3) Failure to comply.--If the Secretary certifies that
an agency is not in compliance with this Act, the head of the
agency shall report to Congress not later than 90 days after
the date of such certification regarding how the agency will
achieve compliance.''.
(b) Technical Correction.--Section 3 of the Coastal Barrier
Resources Act (16 U.S.C. 3502) is amended by striking ``Committee on
Resources'' and inserting ``Committee on Natural Resources''.
SEC. 506. EXCESS FEDERAL PROPERTY.
Section 4(e) of the Coastal Barrier Resources Act (16 U.S.C.
3503(e)) is amended--
(1) in paragraph (1), by striking ``an undeveloped'' each
place such term appears and inserting ``a''; and
(2) by adding at the end the following:
``(3) Coastal barrier defined.--In this subsection, the
term `coastal barrier' means--
``(A) a depositional geologic feature (such as a
bay barrier, tombolo, barrier spit, or barrier island)
that--
``(i) is subject to wave, tidal, and wind
energies; and
``(ii) protects landward aquatic habitats
from direct wave attack; and
``(B) all associated aquatic habitats including the
adjacent wetlands, marshes, estuaries, inlets, and
nearshore waters.''.
SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
Section 9 of the Coastal Barrier Resources Act (16 U.S.C. 3508) is
amended by striking ``$2,000,000'' and all that follows through the end
of the sentence and inserting ``$5,000,000 for each of fiscal years
2021 through 2025.''.
TITLE VI--COASTAL ZONE MANAGEMENT ACT AMENDMENTS
SEC. 601. 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:
``grants to further achievement of tribal coastal zone objectives
``Sec. 320.
``(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 under this section shall be--
``(A) in the case of a grant of less than $200,000,
100 percent of such cost; and
``(B) in the case of a grant of $200,000 or more,
95 percent of such cost, except as provided in
paragraph (2).
``(2) Waiver.--The Secretary may waive the application of
paragraph (1)(B) 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, if the Secretary determines that the Tribe does not
have sufficient funds to pay such portion.
``(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 and that the
grantee has consulted with the affected coastal state regarding the
grant objectives and purposes.
``(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.--Of amounts appropriated to carry out this Act,
$5,000,000 is authorized to carry out this section for each of fiscal
years 2021 through 2025.
``(f) Definitions.--In this section:
``(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).
``(2) Indian tribe.--The term `Indian Tribe' means an
Indian Tribe, as that term is defined 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 of an Indian Tribe that is within the
coastal zone.
``(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 esthetic
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 Secretary of Commerce shall issue guidance
for the program established under the amendment made by subsection (a),
including the criteria for awarding grants under such program based on
consultation with Indian Tribes (as that term is defined in that
amendment).
(c) Use of State Grants To Fulfill Tribal Objectives.--Section
306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455a(c)(2)) is amended by striking ``and'' after the semicolon at the
end of subparagraph (D), by striking the period at the end of
subparagraph (E) and inserting ``; and'', and by adding at the end the
following:
``(F) fulfilling any Tribal coastal zone objective
(as that term is defined in section 320).''.
(d) Other Programs Not Affected.--Nothing in this section and the
amendments made by this section may be construed to affect the ability
of an Indian Tribe to apply for, receive assistance under, or
participate in any program authorized by the Coastal Zone Management
Act of 1972 (16 U.S.C. 1451 et seq.) or other related Federal laws.
SEC. 602. ELIGIBILITY OF DISTRICT OF COLUMBIA FOR FEDERAL FUNDING UNDER
THE COASTAL ZONE MANAGEMENT ACT OF 1972.
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. 603. COASTAL AND ESTUARINE LAND CONSERVATION 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 land conservation program'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary may conduct a Coastal and
Estuarine Land Conservation Program, in cooperation with State,
regional, and other units of government, for the purposes of protecting
important coastal and estuarine areas that--
``(1) have significant conservation, recreation, coastal
access, ecological, historical, or aesthetic value;
``(2) are threatened by conversion from their natural,
undeveloped, or recreational state to other uses; or
``(3) could be managed or restored to effectively conserve,
enhance, or restore ecological function or mitigate climate
change.'';
(3) in subsection (c)--
(A) by amending paragraph (7) to read as follows:
``(7) Priority shall be given to lands that--
``(A) can be effectively managed and protected and
that have significant ecological value;
``(B)(i) are under an imminent threat of conversion
to a use that will degrade or otherwise diminish their
natural, undeveloped, or recreational state;
``(ii) serve to mitigate the adverse impacts caused
by coastal population growth in the coastal
environment;
``(iii) are within a national estuarine research
reserve designated under section 315, a national
wildlife refuge, or a national estuary program, or are
proposed for designation as such a reserve or other
such protected area; or
``(iv) are under threat due to climate change or
may serve to mitigate the adverse effects of climate
change, including through the storage of blue carbon,
and to facilitate inland migration of coastal
ecosystems in response to sea level rise; and
``(C) to the maximum extent practicable, benefit
communities that may not have adequate resources to
prepare for or respond to coastal hazards or to access
the coastline, including low income communities,
communities of color, Tribal and Indigenous
communities, and rural communities.''; and
(B) in paragraph (10), by striking ``triennially''
and inserting ``every 5 years'';
(4) in subsection (f)--
(A) in paragraph (2)(B), by inserting ``for any
territory of the United States that is unable to
provide the match,'' after ``community,''; and
(B) in paragraph (4)--
(i) in subparagraph (A)(i), by striking
``meets the criteria set forth in section
2(b)'' and inserting ``the goals set forth in
subsection (b)''; and
(ii) in subparagraph (C), by striking
``(A)'' and inserting ``subparagraph (A)'';
(5) in subsection (h), by striking the second sentence; and
(6) in subsection (l), by striking ``fiscal years 2009
through 2013'' and inserting ``2021 through 2025''.
SEC. 604. COASTAL ZONE MANAGEMENT FUND.
Section 308 of Coastal Zone Management Act of 1972 (16 U.S.C.
1456a) is amended to read as follows:
``coastal zone management fund
``Sec. 308.
``(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 Response 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).
``(3) Federal share.--The Secretary may issue a grant under
this subsection for an amount not to exceed--
``(A) 90 percent of the cost of an activity
described in subparagraph (A) or (B) of paragraph (2);
``(B) except as provided in subparagraph (C), 60
percent of the cost of an activity described in
paragraph (2)(D);
``(C) 75 percent of the cost of an activity
provided for in a plan approved under subsection (d);
or
``(D) 100 percent of the cost of any activity
described in subparagraph (A), (B), or (C) of paragraph
(2) responding to the effects of a severe coastal flood
in a disadvantaged community that is identified in a
plan approved under subsection (d).
``(c) Grants for Severe Coastal Flood Hazard Planning.--
``(1) In general.--The Secretary, at the request of a
Governor of a coastal state, may use amounts in the Fund to
issue a grant to a coastal state with an approved coastal zone
management program for the timely response to a severe coastal
flood hazard.
``(2) Proposal.--To be considered for a grant under this
section, a State 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 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, the Hazard Mitigation Plan of the State, 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 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;
``(B) the risks that severe coastal flood hazards
pose to the State; 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 (j)(1).
``(5) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share of the cost of an
activity funded by a grant issued under this subsection
shall not exceed--
``(i) 75 percent of the cost of the
activity; or
``(ii) 85 percent of the cost of the
activity in the case of a State that has
enacted a requirement for the disclosure of
severe coastal flood hazards, including sea
level rise, that meets criteria for such
disclosure established by the Secretary, to
buyers of real estate in the coastal zone.
``(B) Exception.--The Secretary may reduce or waive
the matching requirement under paragraph (5) if a
coastal state submits a written request to the
Secretary for a waiver with a justification as to why
the State cannot meet the match requirement, and the
Secretary determines such justification sufficient to
waive such requirement.
``(d) Grants for Severe Coastal Flood Hazard Plan Implementation.--
``(1) The Secretary, at the Secretary's discretion or at
the request of the Governor of a State, may use amounts in the
Fund to issue grants to a coastal state with a severe coastal
flood hazard preparedness plan approved under to subsection (d)
to implement the approved plan.
``(2) Activities eligible for funding under this subsection
include:
``(A) conducting a public awareness campaign to
inform the public and decision-makers about severe
coastal flood hazards;
``(B) developing, enacting, and administering a
state 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 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 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) 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;
``(B) the risks that severe coastal flood hazards
pose in the State 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 pursuant to subsection
(d).
``(4) A grant under this subsection shall be limited to 75
percent of the cost of the proposal, except that the Secretary
may reduce or waive the such matching requirement if a coastal
state submits to the Secretary in writing a request for a
waiver with a justification as to why the State cannot meet the
match requirement, and the Secretary agrees with the
justification and grants the waiver.
``(e) Technical Support to States.--
``(1) The Secretary shall take such actions as the
Secretary determines necessary to support States 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 1 year after the
date of enactment of this section and periodically
thereafter, of guidance for the development of State
plans developed pursuant to subsection (d).
``(D) Establishment, not later than 1 year after
the date of 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 1 year after the
date of enactment of this section, and periodic
updating, of an online dashboard describing the key
features of State or local government requirements for
disclosure of severe coastal flood hazards to buyers of
real estate.
``(F) Establishment, not later than 1 year after
the date of enactment of this section, after
consultation with the Administrator 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
subparagraph (C) of paragraph (1) of this subsection shall, at
a minimum--
``(A) provide information States 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 should consider
to prohibit new or expanded development in areas at
risk of severe coastal flood hazards;
``(C) outline considerations for State 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 should consider adopting, including
criteria for identifying disadvantaged communities
within the coastal zone of the State and the policies
and practices the State should consider adopting to
assure that interests of such communities are addressed
in State plans developed pursuant to this section;
``(G) identify areas in coastal communities, or
other locations in the State, that have minimal severe
coastal flood hazards, that are appropriate for
relocation of people and assets, 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 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 year.
``(g) Report to Congress.--The Secretary shall, not later than 3
years after the date of enactment of this section and every 3 years
thereafter, submit to the Committee on Natural Resources of the United
States House of Representatives and the Committee on Commerce of the
United States 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.--For the purposes of this section:
``(1) The term `severe coastal flood hazards' means
temporary flooding resulting from coastal storms and storm
surge, tsunamis, and changing lake levels and permanent
inundation from rising sea levels and land subsidence,
including landward migration of shorelines impacting
residential and commercial property, infrastructure, and
ecosystems.
``(2) The term `natural infrastructure' means coastal
wetlands, beaches, dunes, marshes, mangrove forests, municipal
green infrastructure, and living shorelines.
``(3) 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) The term `waste disposal site' means a publicly or
privately owned solid waste landfill or disposal site,
hazardous waste landfill of disposal site, sites included on
the National Priorities List developed under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, and sites for the disposal of coal combustion residuals
from coal-fired power plants, provided that such sites are
identified in a plan developed and approved under subsection
(d).
``(5) 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) 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) The term `municipal green infrastructure' has the
meaning provided in 33 U.S. Code Sec. 1362 (27).
``(8) 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) There is authorized to be appropriated into the Fund
for use by the Secretary $100,000,000 for each of fiscal years
2021 through 2025, which shall remain available until expended
without fiscal year limitation.
``(2) 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. 605. 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 2021 through 2025; and
``(2) for grants under section 315, $37,000,000 for each of
fiscal years 2021 through 2025.''.
SEC. 606. AMENDMENTS TO NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM
PROGRAM.
(a) Designation of Additional Reserves.--Not later than 5 years
after the date of the enactment of this Act, the Secretary of Commerce
shall designate not less than 5 new national estuarine reserves under
section 315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461)
that ensure the National Estuarine Research Reserve System includes
areas in--
(1) all biogeographic regions of the United States; and
(2) each coastal state (as that term is defined in that
Act).
(b) Guidelines for Tracking and Modeling the Impacts of Climate
Change.--Section 315(c) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1461(c)) is amended--
(1) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6); and
(2) by inserting after paragraph (2) the following:
``(3) the establishment of coordinated long-term data
monitoring and methods throughout the System for tracking and
modeling the impacts of climate change on estuarine systems,
including impacts on lake levels and sea levels;''.
(c) Promotion and Coordination of Estuarine Research.--Section
315(d) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461(d))
is amended by striking ``and'' after the semicolon at the end of
paragraph (1), by striking the period at the end of paragraph (2) and
inserting a semicolon, and by adding at the end the following:
``(3) establishing and managing the Margaret A. Davidson
Graduate Research Fellowship to provide, subject to the
availability of appropriations, financial assistance to
graduate research that utilizes the national estuarine research
reserves;
``(4) establishing a Central Data Management office and
System Science Collaborative; and
``(5) carrying out monitoring, education, extension, and
coastal training programs throughout the System.''.
(d) Land Acquisition and Construction.--Section 315 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1461) is amended by adding at
the end the following:
``(h) Land Acquisition and Construction.--The Secretary may use
funds authorized under section 318 for land acquisition and the
construction and renovations of facilities required to meet delivery of
System programs and services, or to meet changing needs of program
under this title. Such construction must incorporate green design
principles, materials, energy efficiency, and adaptive reuse
strategies, and the development of innovative coastal technology and
management strategies that enhance resilience of System facilities and
lands.''.
TITLE VII--INSULAR AFFAIRS
SEC. 701. DEFINITIONS.
In this title:
(1) Freely associated states.--The term ``Freely Associated
States'' means the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.
(2) Territories.--The term ``Territories'' means American
Samoa, the Commonwealth of the Northern Mariana Islands, Guam,
Puerto Rico, and the Virgin Islands of the United States.
SEC. 702. COASTAL MANAGEMENT TECHNICAL ASSISTANCE AND REPORT.
(a) Technical Assistance.--
(1) In general.--The Administrator shall provide technical
assistance to the Territories and Freely Associated States to
enhance such entities' coastal management and climate change
programs.
(2) Authorization of appropriations.--To carry out this
subsection there is authorized to be appropriated to the
Administrator $5,000,000 for each of fiscal years 2021 through
2025.
(b) Annual Report.--The Administrator shall submit an annual report
to the Committee on Natural Resources of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate on the status of--
(1) wetland, mangrove, and estuary conditions in the
Territories and Freely Associated States; and
(2) climate change impacts, including ecological, economic
and cultural impacts, in the Territories and Freely Associated
States.
SEC. 703. CLIMATE CHANGE INSULAR RESEARCH GRANT PROGRAM.
(a) In General.--The Secretary of Commerce, acting through the
Administrator, shall establish a Climate Change Insular Research Grant
Program to provide grants to institutions of higher education in the
Territories and Freely Associated States for monitoring, collecting,
synthesizing, analyzing, and publishing local climate change data.
(b) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated to the Secretary $5,000,000 for
each of fiscal years 2021 and 2022.
SEC. 704. EXTREME WEATHER AND CLIMATE OUTREACH TO INSULAR AREAS.
(a) Technical Assistance and Outreach.--
(1) In general.--The Administrator shall provide technical
assistance and outreach to insular areas of the United States
through the San Juan, Tiyan, and Pago Pago Weather Forecast
Offices of the National Weather Service. For the purposes of
this section, the Administrator may also employ other agency
entities as the Administrator deems necessary, in order to
improve weather data collection, produce more accurate tropical
weather forecasts, and provide science, data, information, and
impact-based decision support services to reduce hurricane and
typhoon impacts in the Territories and Freely Associated
States.
(2) Authorization of appropriations.--To carry out this
subsection there is authorized to be appropriated to the
Secretary $5,000,000 for each of fiscal years 2021 through
2025.
(b) Grants.--
(1) In general.--The Secretary of Commerce, acting through
the Administrator, may provide grants to academic, nonprofit,
and local entities to conduct climate change research in the
Territories and Freely Associated States.
(2) Included grant purpose.--The purpose of a grant under
this subsection may include research on oceanic heat content to
assess past and future hurricane and typhoon trends.
(3) Authorization of appropriations.--To carry out this
subsection there is authorized to be appropriated to the
Secretary $5,000,000 for each of fiscal years 2021 through
2025.
SEC. 705. CORAL REEFS.
(a) Prize Competitions.--The Director of the Office of Science and
Technology Policy shall work with the head of each Federal agency
represented on the U.S. Coral Reef Task Force established under
Executive Order 13089 (63 Fed. Reg. 32701) to establish prize
competitions that promote coral reef research and conservation in the
Territories and Freely Associated States.
(b) Waiver of Matching Requirement.--Section 204(b) of the Coral
Reef Conservation Act of 2000 (16 U.S.C. 6403(b)) is amended--
(1) by striking the enumerator and heading for paragraph
(2) and inserting the following:
``(2) Waivers.--
``(A) Need and benefit.--''; and
(2) by adding at the end of paragraph (2) the following:
``(B) Sustaining coral reef management and
monitoring.--The Secretary shall waive all the matching
requirement under paragraph (2) for grants to implement
State and territorial coral reef conservation
cooperative agreements to sustain coral reef management
and monitoring in Florida, Hawaii, American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam,
Puerto Rico, and the Virgin Islands of the United
States.''.
SEC. 706. OCEAN AND COASTAL MAPPING INTEGRATION ACT.
(a) Effects of Climate Change on Insular Areas.--Section 12204 of
the Ocean and Coastal mapping Integration Act (33 U.S.C. 3503) is
amended--
(1) in paragraph (12) by striking ``and'';
(2) in paragraph (13) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(14) The study of insular areas and the effects of
climate change, particularly in bioluminescent bodies of
water.''.
(b) Reauthorization.--Section 12207 of the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3506) is amended--
(1) in subsection (a) by striking ``this subtitle'' and all
that follows through the end of the subsection and inserting
``this subtitle $45,000,000 for each of fiscal years 2021
through 2025.''; and
(2) in subsection (b), by striking ``this subtitle'' and
all that follows through the end of the subsection and
inserting ``this subtitle $45,000,000 for each of fiscal years
2021 through 2025.''.
SEC. 707. OFFICE OF INSULAR AFFAIRS TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--The Secretary of the Interior shall, acting
through the Office of Insular Affairs Technical Assistance Program,
shall provide technical assistance for climate change planning,
mitigation, and adaptation to Territories and Freely Associated States
under the jurisdiction of such Program.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior $5,000,000 for each of
fiscal years 2021 through 2025.
SEC. 708. DISASTER RELIEF FEDERAL COST-SHARE WAIVER.
Any funding made available to Territories and Freely Associated
States for disaster relief, long-term recovery, restoration of
infrastructure and housing, economic revitalization, and mitigation
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) shall not be subject to a non-
Federal share funding requirement.
TITLE VIII--STRENGTHENING MARINE MAMMAL CONSERVATION
SEC. 801. CONSERVATION OF MARINE MAMMALS ADVERSELY AFFECTED BY CLIMATE
CHANGE.
(a) In General.--The Marine Mammal Protection Act of 1974 (16
U.S.C. 1361 et seq.) is amended by inserting after section 120 the
following:
``SEC. 121. CONSERVATION OF MARINE MAMMALS ADVERSELY AFFECTED BY
CLIMATE CHANGE.
``(a) Climate Impact Management Plans.--
``(1) Within 18 months after the date of 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, has
more than a remote possibility of resulting in a decline in
population abundance, of impeding population recovery, or of
reducing carrying capacity. The list shall identify--
``(A) any species or population stock for which
such impacts are likely to occur within 20 years;
``(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; and
``(C) any other species or population stock 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, and proposed
regulations implementing the plan, for each marine mammal
species or population stock--
``(I) listed under paragraph (1)(A), within 18
months after the listing;
``(II) listed under paragraph (1)(B), within 30
months after the listing; and
``(III) listed under paragraph (1)(C) of this
subsection, within 5 years after the listing if the
Secretary determines that such a plan will promote the
conservation of the species or stock.
``(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 mitigating the 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) mitigate to the extent possible the direct
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) All other Federal agencies shall, in consultation
with and with the assistance of the Secretary, 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 Secretary shall consult with the
Marine Mammal Commission and, as may be warranted, other
agencies in the implementation of such plans.
``(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 4 years after
the date of 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 Secretary shall establish
a program 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 paragraph
(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 take account of 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.''.
(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. 802. VESSEL SPEED RESTRICTIONS IN MARINE MAMMAL HABITAT.
(a) In General.--The Administrator shall, in coordination with the
Commandant of the Coast Guard and applying the best available
scientific information, shall designate areas of importance to marine
mammals and establish for each such area a seasonal or year-round
mandatory vessel speed limit of 10 knots or less for all vessels
greater than or equal to 49 feet in overall length operating in such
area.
(b) Areas of Importance.--Areas to be designated under subsection
(a)--
(1) shall include--
(A) the important feeding, breeding, calving,
rearing, or migratory habitat for strategic stocks of
marine mammals, including all areas designated as
critical habitat for any marine mammal under section 4
of the Endangered Species Act of 1973 (16 U.S.C. 1533);
and
(B) areas of high marine mammal mortality, injury,
or harassment, including the disruption of vocalization
patterns and masking of biologically important sounds,
caused by vessel ship strikes or underwater vessel
noise; and
(2) may include--
(A) any area designated as a National Marine
Sanctuary, National Marine Monument, National Park, or
National Wildlife Refuge; and
(B) areas of high marine mammal primary
productivity with year-round or seasonal aggregations
of marine mammals to which this section applies.
(c) Deadline for Regulations.--Not later than 24 months after the
date of enactment of this Act, the Administrator shall designate such
areas and issue such regulations as are necessary to carry out this
section and to designate areas of importance pursuant to this section,
consistent with notice and comment requirements under chapter 5 of
title 5, United States Code.
(d) Modifying or Designating New Areas of Importance.--
(1) The Administrator shall issue regulations to modify or
designate the areas of importance under this section within 180
days after the issuance of regulations to establish or to
modify critical habitat for strategic stocks of marine mammals
pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).
(2) The Administrator shall reexamine the areas of
importance designated under this section every five years
following the initial issuance of the regulations to determine
if the best available scientific information warrants
modification or designation of areas of importance, and shall
publish any revisions in the Federal Register after notice and
opportunity for public comment.
(3) Within 90 days after receiving the petition of an
interested person under 553(e) of title 5, United States Code,
to designate, modify, or add an area of importance under this
section, the Administrator shall make a finding as to whether
the petition presents substantial scientific information
indicating that the petitioned action may be warranted. The
Administrator shall promptly publish such finding in the
Federal Register for comment. Within 180 days after the close
of comments, the Administrator shall publish in the Federal
Register a finding of whether the petitioned action is
warranted and, if the Administrator determines that the
petitioned action is warranted, shall publish draft regulations
designating the area of importance and any relevant technical
control operations pursuant to subsection (j). Within 180 days
after the close of comments on the draft regulations, the
Administrator shall issue final regulations designating the
area of importance and any relevant technical control
operations pursuant to subsection (j).
(e) Exceptions for Safe Maneuvering and Using Authorized
Technology.--
(1) The restriction established under subsection (a) shall
not apply to a vessel operating at a speed necessary to
maintain safe maneuvering speed if such speed is justified
because the vessel is in an area where oceanographic,
hydrographic, or meteorological conditions severely restrict
the maneuverability of the vessel and the need to operate at
such speed is confirmed by the pilot on board or, when a vessel
is not carrying a pilot, the master of the vessel. If a
deviation from the applicable speed limit is necessary pursuant
to this subsection, the reasons for the deviation, the speed at
which the vessel is operated, the latitude and longitude of the
area, and the time and duration of such deviation shall be
entered into the logbook of the vessel. The master of the
vessel shall attest to the accuracy of the logbook entry by
signing and dating it.
(2)(A) The speed limit established under subsection (a)
shall not apply to a vessel operating using technology
authorized by regulations issued by the Administrator under
subparagraph (B).
(B) The Administrator may issue regulations authorizing a
vessel to operate using technology specified by the
Administrator under this subparagraph if the Administrator
determines that such operation is at least as effective as the
speed limit under subsection (a) in reducing mortality and
injury to marine mammals and the disturbance of marine mammal
habitat.
(f) Applicability.--The speed restriction established under
subsection (a)--
(1) shall apply to all vessels subject to the jurisdiction
of the United States, and all other vessels entering or
departing a port or place subject to the jurisdiction of the
United States; and
(2) shall not apply to--
(A) United States vessels engaged in military
readiness activities; or
(B) law enforcement vessels of the Federal
Government, when engaged in law enforcement or search
and rescue duties.
(g) Automatic Identification Systems.--Section 70114(a) of title
46, United States Code, is amended to read as follows:
``(1) Subject to paragraph (2), the following vessels,
while operating on the navigable waters of the United States,
in the United States exclusive economic zone, and on the high
seas, shall be equipped with and operate an automatic
identification system under regulations prescribed by the
Secretary:
``(A) A self-propelled commercial vessel of at
least 49 feet overall in length.
``(B) A vessel carrying more than a number of
passengers for hire determined by the Secretary.
``(C) A towing vessel of more than 26 feet overall
in length and 600 horsepower.
``(D) Any other vessel for which the Secretary
decides that an automatic identification system is
necessary for the safe navigation of the vessel.''.
(h) Adjudicative Enforcement Process.--
(1) In general.--It is unlawful for any vessel identified
in subsection (f)(1) to violate the speed restriction
established in subsection (a).
(2) Regulations required.--Not later than 24 months after
the date enactment of this Act, the Administrator shall issue
such regulations as are necessary to create a process for
investigating and adjudicating violations of paragraph (1).
(3) Filing of complaint.--Any entity may file a complaint
regarding a violation of this section in a manner determined
appropriate by the Administrator, upon which the Administrator
shall initiate an investigation.
(4) Statutory construction.--Nothing in this Act shall be
construed as modifying, limiting, or superseding enforcement
processes established under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) or the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.).
(i) Penalties.--Any person found to have violated this section
shall be held liable for their actions. A finding of willful violation
or a finding of reckless disregard for restrictions implemented
pursuant to this section may warrant civil penalties--
(1) including fines up to and including the statutory
maximum civil penalties and criminal fines identified under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
and
(2) in the case of a vessel subject to the jurisdiction of
the United States, may include--
(A) suspension or rescission of vessel operation
license;
(B) suspension or revocation of fishing permits;
and
(C) revocation of incidental take permits.
(j) Technical Control Operations.--In carrying out this section,
the Administrator, in consultation with the Secretary of Homeland
Security, Secretary of Defense, Secretary of Transportation, and
Secretary of the Interior, may implement technical control operations
to complement vessel speed reductions' goal of reduced risk to
vulnerable marine species. Such operations which may include--
(1) temporary, seasonal, or dynamic area closures;
(2) gear restrictions or modification requirements;
(3) limitations on volume of vessel traffic; and
(4) the establishment of additional size-specific speed
limits beyond the limit in subsection (a).
(k) Statutory Construction.--
(1) Nothing in this section shall be interpreted or
implemented in a manner that--
(A) subject to paragraph (2), preempts or modifies
any obligation of any person subject to the provisions
of this title to act in accordance with applicable
State laws, except to the extent that those laws are
inconsistent with any provision of this title, and then
only to the extent of the inconsistency;
(B) affects or modifies any obligation under
Federal law; or
(C) preempts or supersedes the Final Rule To
Implement Speed Restrictions to Reduce the Threat of
Ship Collisions With North Atlantic Right Whales,
codified at section 224.105 of title 50, Code of
Federal Regulations, except for actions that are more
protective than the Final Rule and further reduce the
risk of take to North Atlantic right whales.
(2) The Administrator may determine whether inconsistencies
referred to in paragraph (1)(A) exist, but may not determine
that any State law is inconsistent with any provision of this
title if the Administrator determines that such law gives
greater protection to covered marine species and their habitat.
SEC. 803. MONITORING OCEAN NOISE FOR MARINE MAMMAL HEALTH.
(a) In General.--The Administrator shall maintain and expand an
Ocean Noise Reference Station Network, utilizing and coordinating with
the Integrated Ocean Observing System to--
(1) provide grants to expand the deployment of Federal and
non-Federal observation systems capable of collecting
measurements of underwater sound in high-priority ocean and
coastal locations for purposes of monitoring and analyzing
baselines and trends in the underwater soundscape to protect
and manage marine life;
(2) continue to develop and apply standardized forms of
measurements to assess sounds produced by marine animals,
physical processes, and anthropogenic activities; and
(3) coordinate and make accessible to the public the
datasets, modeling and analysis, and user-driven products and
tools, resulting from observations of underwater sound funded
through grants authorized by this section.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to support integrated ocean
observations activities carried out under this section, $1,000,000 for
each of fiscal years 2021 through 2025.
SEC. 804. GRANTS FOR SEAPORTS TO ESTABLISH PROGRAMS TO REDUCE THE
IMPACTS OF VESSEL TRAFFIC AND PORT OPERATIONS ON MARINE
MAMMALS.
(a) In General.--The Administrator shall, within 6 months of the
date of enactment of this Act, establish a grant program to provide
assistance to up to ten seaports to develop and implement mitigation
measures that will lead to a quantifiable reduction in threats to
marine mammals from shipping activities and port operations.
(b) Eligible Uses.--Grants provided under this section may be used
to develop and carry out activities that quantifiably reduce threats
and enhance the habitats of marine mammals by--
(1) reducing underwater noise related to marine traffic;
(2) reducing ship strike mortality and other physical
disturbances;
(3) enhancing marine mammal habitat, including the habitat
for prey of marine mammals; or
(4) monitoring underwater noise, vessel interactions with
marine mammals, or other types of monitoring that are
consistent with reducing the threats to and enhancing the
habitats of marine mammals.
(c) Priority.--The Administrator shall prioritize assistance under
this section for projects that--
(1) assist ports with higher relative threat levels to
vulnerable marine mammals from vessel traffic;
(2) project higher levels of--
(A) reduction of noise from vessels; and
(B) reduction of disturbance or ship strike
mortality risk; or
(3) allow eligible entities to conduct risk assessments,
and track progress toward threat reduction and habitat
enhancement.
(d) Outreach.--The Administrator shall conduct outreach to seaports
to provide information on how to apply for assistance under this
section, the benefits of the program under this section, and
facilitation of best practices and lessons learned.
(e) Eligible Entities.--A person shall be eligible for assistance
under this section if the person is--
(1) a port authority for a seaport;
(2) a State, regional, local, or Tribal agency that has
jurisdiction over a maritime port authority or a seaport; or
(3) a private or government entity, applying for a grant
awarded under this section in collaboration with another entity
described in paragraph (1) or (2), that owns or operates a
maritime terminal.
(f) Report.--The Administrator shall submit annually to the
Committee on Natural Resources of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the Senate, a
report that includes the following:
(1) The name and location of each entity receiving a grant.
(2) Amount of each grant.
(3) The name and location of the seaport in which the
activities took place.
(4) A description of the activities carried out with the
grant funds.
(5) An estimate of the impact of the project to reduce
threats or enhance habitat of marine mammals.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator for carrying out this section,
$4,000,000 for each of fiscal years 2021 through 2025, to remain
available until expended.
TITLE IX--INTERNATIONAL AGREEMENTS, EFFORTS IN THE ARCTIC, AND BUREAU
OF INDIAN AFFAIRS TRIBAL RESILIENCE PROGRAM
Subtitle A--International Agreements
SEC. 901. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA.
It is the sense of the House of Representatives that--
(1) the United States Senate should give its advice and
consent to the ratification of the United Nations Convention on
the Law of the Sea (UNCLOS), adopted by the Third United
Nations Conference on the Law of the Sea in December 1982 and
entered into force in November 1994, to establish a treaty
regime to govern activities on, over, and under the world's
oceans;
(2) UNCLOS builds on four 1958 Law of the Sea conventions
to which the United States is a party, namely--
(A) the Convention on the Territorial Sea and the
Contiguous Zone;
(B) the Convention on the High Seas;
(C) the Convention on the Continental Shelf; and
(D) the Convention on Fishing and Conservation of
the Living Resources of the High Seas;
(3) UNCLOS and an associated 1994 agreement relating to
implementation of the treaty were transmitted to the Senate on
October 6, 1994;
(4) in the absence of advice and consent from the Senate,
the United States is not a party to UNCLOS nor to the
associated 1994 agreement;
(5) becoming a party to UNCLOS would give the United States
standing to participate in discussions relating to the treaty
and thereby improve the ability of the United States to
intervene as a full party in disputes relating to navigational
rights and defend United States interpretations of the treaty's
provisions, including those relating to the rights of coastal
states to regulate foreign military activities in their
exclusive economic zones;
(6) becoming a party to the treaty would improve the
ability of the United States to achieve the environmental,
social, and economic purposes of supporting the implementation
and enforcement of international fisheries agreements and the
protection of highly migratory species under the Magnuson
Stevens Act, the Shark Conservation Act, and the High Seas
Driftnet Fishing Moratorium Protection Act; and
(7) relying on customary international norms to defend
United States interests or relying on other countries to assert
claims on behalf of the United States at the Hague Convention
is insufficient to defend and uphold United States sovereign
rights and interests under UNCLOS.
Subtitle B--Efforts in the Arctic
SEC. 911. REINSTATEMENT OF EXECUTIVE ORDER 13754; NORTHERN BERING SEA
CLIMATE RESILIENCE AREA.
Beginning on the date of the enactment of this Act--
(1) section 4(c) of Executive Order 13795 of April 28,
2017, shall have no force or effect; and
(2) Executive Order 13754 of December 9, 2016 (relating to
Northern Bering Sea Climate Resilience), shall have the force
and effect of law.
SEC. 912. PLAN FOR THE UNITED STATES TO CUT BLACK CARBON EMISSIONS TO
33 PERCENT BELOW 2013 LEVELS BY 2025.
(a) Findings.--Congress finds that--
(1) black carbon is a highly potent greenhouse gas that is
likely responsible for about a quarter of the warming the
Arctic has experienced over the last century;
(2) black carbon particles have a short lifecycle in the
atmosphere but trap heat far more powerfully than carbon
dioxide; and
(3) when black carbon falls on land and sea ice, it darkens
surfaces and thus absorbs more heat, causing ice to melt at a
faster rate.
(b) Sense of Congress.--It is the sense of Congress that the United
States should honor its commitment to the Arctic Council to cut black
carbon emissions by 2025 to a level that is between 25 and 33 percent
below the levels emitted by the United States in 2013.
(c) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Transportation, the Administrator, and the Administrator
of the Environmental Protection Agency, shall submit to the appropriate
congressional committees and make available to the public a plan for
the United States to cut black carbon emissions by 2025 to a level that
is between 25 and 33 percent below the levels emitted by the United
States in 2013 that describes--
(1) the measures the Federal Government will take to
achieve such targeted emissions level; and
(2) how the United States may use multilateral and
bilateral diplomatic tools to encourage and assist other member
countries of the Arctic Council to fulfill the goals announced
in 2017.
(d) Updates to Plan.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State,
in consultation with the Secretary of Transportation, the
Administrator, and the Administrator of the Environmental Protection
Agency, shall submit to the appropriate congressional committees and
make available to the public a report on the progress made toward
implementing the plan submitted pursuant to subsection (c).
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Natural Resources, and the Committee on Energy and Commerce of
the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Commerce, the Committee on Environment and Public Works, and
the Committee on Energy and Natural Resources of the Senate.
(f) Public Comment.--The Secretary of State shall--
(1) before submitting such plan and report to the
appropriate congressional committees--
(A) publish the plan and the report in the Federal
Register; and
(B) provide a period of at least 90 days for public
comment on each of the plan and the report; and
(2) after each such period for public comment, continue to
make the proposed plan and report, as well as the comments
received, available to the public on regulations.gov (or any
successor website).
Subtitle C--Bureau of Indian Affairs Tribal Resilience Program
SEC. 921. BUREAU OF INDIAN AFFAIRS TRIBAL RESILIENCE PROGRAM.
(a) Establishment.--The Secretary of the Interior (hereafter in
this subtitle referred to as the ``Secretary'') shall establish a
program--
(1) to improve the resilience of Indian Tribes to the
effects of a changing climate;
(2) to support Native American leaders in building strong
communities that are resilient to climate change;
(3) to ensure agency effectiveness in fulfilling Federal
Indian trust responsibilities in the face of climate change;
and
(4) to ensure the development of modern, cost-effective
infrastructure in Tribal communities.
(b) Grants.--
(1) Authority.--As part of the program established under
subsection (a), the Secretary shall to the extent funds are
made available through Acts of appropriation make multiyear
grants to Indian Tribes for eligible activities described in
this paragraph (2).
(2) Eligible activities.--Grants under this subsection may
be used for the following in Indian communities and on Indian
land:
(A) Development and delivery of adaptation
training.
(B) Adaptation planning, vulnerability assessments,
emergency preparedness planning, and monitoring.
(C) Capacity building through travel support for
training, technical sessions, and cooperative
management forums.
(D) Travel support for participation in ocean and
coastal planning.
(E) Development of science-based information and
tools to enable adaptive resource management and the
ability to plan for resilience.
(F) Relocation of villages or other communities
experiencing or susceptible to coastal or river erosion
and flooding.
(G) Construction of infrastructure to support
emergency evacuations related to climate change.
(H) Restoration of ecosystems and construction of
natural and nature-based features to address risks from
coastal and riverine flooding and erosion.
(I) Restoration, relocation, repair of
infrastructure damaged by melting permafrost or coastal
or river erosion and flooding.
(J) Installation and management of energy systems
that reduce energy costs and greenhouse gas emissions
compared to the energy systems in use before that
installation and management.
(K) Construction and maintenance of social or
cultural infrastructure that supports resilience.
(3) Applications.--An Indian Tribe desiring a grant under
this subsection shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including a description of the
eligible activities to be undertaken using the grant.
(c) Interagency Cooperation.--The Secretary, the Secretary of
Commerce, and the Administrator of the Environmental Protection Agency
shall establish under the White House Council on Native American
Affairs an interagency subgroup on Tribal resilience, which shall--
(1) work with Indian Tribes to collect and share data and
information, including traditional ecological knowledge, about
how the effects of a changing climate are relevant to Indian
Tribes; and
(2) identify opportunities for the Federal Government to
improve collaboration and assist with adaptation and mitigation
efforts that promote resilience.
(d) Tribal Resilience Liaison.--The Secretary shall establish a
Tribal resilience liaison--
(1) to coordinate with Indian Tribes and relevant Federal
agencies regarding the program under this section, grant
opportunities related to the program, climate adaptation, and
climate resilience planning; and
(2) to help ensure Tribal engagement in climate
conversations at the Federal level.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $200,000,000 for each of fiscal
years 2021 through 2025.
TITLE X--COASTAL RESILIENCY AND ADAPTATION
SEC. 1001. LIVING SHORELINE GRANT PROGRAM.
(a) Establishment.--The Administrator shall make grants to eligible
entities for purposes of--
(1) designing and implementing large- and small-scale,
climate-resilient living shoreline projects; and
(2) applying innovative uses of natural materials and
systems to protect coastal communities, habitats, and natural
system functions.
(b) Project Proposals.--To be eligible to receive a grant under
this section, an eligible entity shall--
(1) submit to the Administrator a proposal for a living
shoreline project, including monitoring, data collection, and
measurable performance criteria with respect to the project;
(2) demonstrate to the Administrator that the entity has
any permits or other authorizations from local, State, and
Federal Government agencies necessary to carry out the living
shoreline project or provide evidence demonstrating general
support from such agencies; and
(3) include an engagement or education component that seeks
and solicits feedback from the local or regional community most
directly affected by the proposal.
(c) Project Selection.--
(1) Development of criteria.--The Administrator shall
select eligible entities to receive grants under this section
based on criteria developed by the Administrator, in
consultation with relevant offices of the National Oceanic and
Atmospheric Administration, such as the Office of Habitat
Conservation, the Office for Coastal Management, and the
Restoration Center.
(2) Considerations.--In developing criteria under paragraph
(1) to evaluate a proposed living shoreline project, the
Administrator shall take into account--
(A) the potential of the project to protect the
community and maintain the viability of the
environment, such as through protection of ecosystem
functions, environmental benefits, or habitat types, in
the area where the project is to be carried out;
(B) the historic and future environmental
conditions of the project site, particularly those
environmental conditions affected by climate change;
(C) the net ecological benefits of the project
including the potential of the project to contribute to
carbon sequestration;
(D) the ability of the entity proposing the project
to demonstrate the potential of the project to protect
the coastal community where the project is to be
carried out, including through--
(i) mitigating the effects of erosion;
(ii) attenuating the impact of coastal
storms and storm surge;
(iii) mitigating shoreline flooding;
(iv) mitigating the effects of sea level
rise, accelerated land loss, and extreme tides;
(v) sustaining, protecting, or restoring
the functions and habitats of coastal
ecosystems;
(vi) protecting important cultural sites or
values; or
(vii) such other forms of coastal
protection as the Administrator considers
appropriate; and
(E) the potential of the project to support
resiliency at a military installation or community
infrastructure supportive of a military installation
(as such terms are defined in section 2391 of title 10,
United States Code).
(3) Priority.--In selecting living shoreline projects to
receive grants under this section, the Administrator shall give
priority consideration to a proposed project to be conducted in
an area--
(A) for which the President has declared, during
the 10-year period preceding the submission of the
proposal for the project under subsection (b), that a
major disaster exists pursuant to section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) because of a hurricane,
tropical storm, coastal storm, or flooding;
(B) that has a documented history of coastal
erosion or frequent coastal inundation during that 10-
year period; or
(C) that includes communities that may not have
adequate resources to prepare for or respond to coastal
hazards, including low income communities, communities
of color, Tribal communities, Indigenous communities,
and rural communities.
(4) Minimum standards.--
(A) In general.--The Administrator shall develop
minimum standards to be used in selecting eligible
entities to receive grants under this section, taking
into account--
(i) the considerations described in
paragraph (2);
(ii) the need for such standards to be
general enough to accommodate concerns relating
to specific project sites; and
(iii) the consideration of an established
eligible entity program with systems to
disburse funding from a single grant to support
multiple small-scale projects.
(B) Consultations.--In developing standards under
subparagraph (A), the Administrator--
(i) shall consult with relevant offices of
the National Oceanic and Atmospheric
Administration, such as the Office of Habitat
Conservation, the Office for Coastal
Management, and the Restoration Center; and
(ii) may consult with--
(I) relevant interagency councils,
such as the Estuary Habitat Restoration
Council;
(II) Tribes and Tribal
organizations;
(III) State coastal management
agencies; and
(IV) relevant nongovernmental
organizations.
(d) Use of Funds.--A grant awarded under this section to an
eligible entity to carry out a living shoreline project may be used by
the eligible entity only--
(1) to carry out the project, including administration,
design, permitting, entry into negotiated indirect cost rate
agreements, and construction;
(2) to monitor, collect, and report data on the performance
(including performance over time) of the project, in accordance
with standards issued by the Administrator under subsection
(f)(2); or
(3) to incentivize landowners to engage in living shoreline
projects.
(e) Cost-Sharing.--
(1) In general.--Except as provided in paragraph (2), an
eligible entity that receives a grant under this section to
carry out a living shoreline project shall provide, from non-
Federal sources, funds or other resources (such as land or
conservation easements or in-kind matching from private
entities) valued at not less than 50 percent of the total cost,
including administrative costs, of the project.
(2) Reduced matching requirement for certain communities.--
The Administrator may reduce or waive the matching requirement
under paragraph (1) for an eligible entity representing a
community or nonprofit organization if--
(A) the eligible entity submits to the
Administrator in writing--
(i) a request for such a reduction and the
amount of the reduction; and
(ii) a justification for why the entity
cannot meet the matching requirement; and
(B) the Administrator agrees with the
justification.
(f) Monitoring and Reporting.--
(1) In general.--The Administrator shall require each
eligible entity receiving a grant under this section (or a
representative of the entity) to carry out a living shoreline
project--
(A) to transmit to the Administrator data collected
under the project;
(B) to monitor the project and to collect data on--
(i) the ecological and economic benefits of
the project and the protection provided by the
project for the coastal community where the
project is carried out, including through--
(I) mitigating the effects of
erosion;
(II) attenuating the impact of
coastal storms and storm surge;
(III) mitigating shoreline
flooding;
(IV) mitigating the effects of sea
level rise, accelerated land loss, and
extreme tides;
(V) sustaining, protecting, or
restoring the functions and habitats of
coastal ecosystems; or
(VI) such other forms of coastal
protection as the Administrator
considers appropriate; and
(ii) the performance of the project in
providing such protection;
(C) to make data collected under the project
available on a publicly accessible internet website of
the National Oceanic and Atmospheric Administration;
and
(D) not later than 1 year after the entity receives
the grant, and annually thereafter until the completion
of the project, to submit to the Administrator a report
on--
(i) the measures described in subparagraph
(B); and
(ii) the effectiveness of the project in
increasing protection of the coastal community
where the project is carried out through living
shorelines techniques, including--
(I) a description of--
(aa) the project;
(bb) the activities carried
out under the project; and
(cc) the techniques and
materials used in carrying out
the project; and
(II) data on the performance of the
project in providing protection to that
coastal community.
(2) Guidelines.--In developing guidelines relating to
paragraph (1)(C), the Administrator shall consider how
additional data could safely be collected before and after
major disasters or severe weather events to measure project
performance and project recovery.
(3) Standards.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Administrator
shall, in consultation with relevant offices of the
National Oceanic and Atmospheric Administration,
relevant interagency councils, and relevant
nongovernmental organizations, issue standards for the
monitoring, collection, and reporting under subsection
(d)(2) of data regarding the performance of living
shoreline projects for which grants are awarded under
this section.
(B) Reporting.--The standards issued under
subparagraph (A) shall require an eligible entity
receiving a grant under this section to report the data
described in that subparagraph to the Administrator on
a regular basis.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $50,000,000 for each of fiscal years
2021 through 2025 for purposes of carrying out this section.
(h) Minimum Required Funds for Shoreline Projects Located Within
the Great Lakes.--The Secretary shall use not less than 10 percent of
the funds awarded under this section for grants to projects located in
the Great Lakes.
(i) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A unit of a State or local government.
(B) An organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 that is exempt
from taxation under section 501(a) of such Code.
(C) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)).
(2) Living shoreline project.--The term ``living shoreline
project''--
(A) means a project that--
(i) restores or stabilizes a shoreline,
including marshes, wetlands, and other
vegetated areas that are part of the shoreline
ecosystem, by using natural materials and
systems to create buffers to attenuate the
impact of coastal storms, currents, flooding,
and wave energy and to prevent or minimize
shoreline erosion while providing a net
ecological benefit to ecosystems and habitats;
(ii) incorporates as many natural elements
as possible, such as native wetlands, kelp
forests, submerged aquatic plants, corals,
oyster shells, native grasses, shrubs, or
trees;
(iii) utilizes techniques that incorporate
ecological and coastal engineering principles
in shoreline stabilization; and
(iv) to the extent possible, maintains or
restores existing natural slopes and
connections between uplands and adjacent
wetlands or surface waters;
(B) may include the use of--
(i) natural elements, such as sand, wetland
plants, logs, oysters or other shellfish,
submerged aquatic vegetation, corals, native
grasses, shrubs, trees, or coir fiber logs;
(ii) project elements that provide
ecological benefits to coastal ecosystems and
habitats in addition to shoreline protection;
and
(iii) structural materials, such as stone,
concrete, wood, vinyl, oyster domes, or other
approved engineered structures in combination
with natural materials; and
(C) may include a project that expands upon or
restores natural living shorelines or existing living
shoreline projects.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
SEC. 1002. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION RESEARCH
PROGRAMS.
(a) Coastal Science and Assessment: Competitive External
Research.--
(1) In general.--The Administrator shall carry out an
extramural competitively awarded grants program (referred to in
this section as the ``Program'') focused on interdisciplinary
coastal resilience and sustainability in accordance with
subsection (b).
(2) Objective.--The objective of the Program shall be to
develop scalable, best practices--
(A) to prepare more resilient, sustainable coastal
communities; and
(B) to reduce disaster recovery costs.
(3) Collaboration.--The Secretary shall conduct the Program
in collaboration with business and industry, government
agencies, academic institutions, and coastal community
stakeholders.
(4) Eligibility.--To be eligible for a grant under the
Program, an applicant must be an institution of higher
education, nonprofit organization, State, local, or Tribal
government, for-profit organization, United States territory,
or Federal agency that has statutory authority to receive
transfers of funds.
(b) Coastal Resilience Research Competitive Grants.--
(1) In general.--The Administrator shall establish an
annual competitive grants program that gives priority to
coastal resilience research projects that focus on--
(A) protecting life and critical infrastructure;
(B) developing decision-support tools useful to
coastal communities;
(C) determining societal, ecological, and
resiliency benefits of coastal restoration and natural,
nature-based, and man-made infrastructure, and how
these benefits affect the sustainability of coastal
ecosystems;
(D) volunteer and community-science monitoring of
coastal and marine resources as part of efforts to
protect coastal communities from sea level rise;
(E) monitoring and developing ecosystem-based
approaches to managing coastal ecosystems to promote
sustainability;
(F) assessing and enhancing the capacity of human
communities to adapt to coastal natural disasters;
(G) assessing coastal vulnerability and risk;
(H) evaluating adaptation and restoration
approaches to reduce risk, including through the use of
natural, nature-based, and man-made features;
(I) minimizing costs associated with damages
incurred from natural disasters, flooding, and sea
level rise; and
(J) developing curriculum for new programs in
coastal restoration at public community colleges and
within college Sea Grant programs to train the new
coastal restoration workforce.
(2) Critical infrastructure.--In this paragraph, the term
``critical infrastructure'' means infrastructure, including
natural or nature-based infrastructure, the destruction or
damaging of which would have a debilitating impact on national
security or economic security, undermine community resiliency
and adaptation, or threaten public health or safety.
(3) Natural and nature-based features.--The term
``natural'' or ``nature-based features'' means coastal
wetlands, beaches, dunes, marshes, mangrove forests, municipal
green infrastructure, and living shorelines.
(c) Donations.--The Administrator may accept and use donations of
funds to implement this section.
SEC. 1003. GRANTS FOR RECOVERING OYSTERS.
(a) Establishment.--The Administrator shall establish a grant
program (in this section referred to as the ``Program'') under which
the Administrator shall award grants to eligible entities for the
purpose of conducting research on the conservation, restoration, or
management of oysters in estuarine ecosystems.
(b) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require.
(c) Allocation of Grant Funds.--
(1) In general.--The Administrator shall award a grant
under the Program to eligible entities that submit an
application under subsection (b).
(2) Matching requirement.--
(A) In general.--Except as provided in subparagraph
(B), the total amount of Federal funding received under
the Program by an eligible entity may not exceed 85
percent of the total cost of the research project for
which the funding was awarded. For the purposes of this
subparagraph, the non-Federal share of project costs
may be provided by in-kind contributions and other
noncash support.
(B) Waiver.--The Administrator may waive all or
part of the requirement in subparagraph (A) if the
Administrator determines that no reasonable means are
available through which an eligible entity applying for
a grant under this section can meet such requirement
and the probable benefit of such research project
outweighs the public interest in such requirement.
(3) Equitable distribution.--The Administrator shall
ensure, to the maximum extent practicable, that grant funding
under this section is apportioned according to the historic
baseline oyster population of each estuary of the United
States.
(d) Definitions.--In this section, the following definitions apply:
(1) Academic community.--The term ``academic community''
means faculty, researchers, professors, and representatives of
State-accredited colleges and universities.
(2) Eligible entity.--The term ``eligible entity'' means a
member of the academic community, the seafood industry, a
relevant nonprofit organization, or a relevant State agency,
that is proposing or conducting a research project on the
conservation, restoration, or management of oysters in an
estuarine ecosystem developed through consultation with a
member of the academic community, a member of the seafood
industry, a relevant nonprofit organization, or a relevant
State agency.
(3) Historic baseline.--The term ``historic baseline''
means the estimated population of oysters in an estuary in
1850.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
(5) Seafood industry.--The term ``seafood industry'' means
shellfish growers, shellfish harvesters, commercial fishermen,
and recreational fishermen.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $6,000,000 for each of the fiscal
years 2021 through 2025 to carry out this section.
SEC. 1004. 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
ability of an ocean or coastal ecosystem, habitat, or other
natural resource to absorb, capture, and contain atmospheric
carbon dioxide.''.
(b) Improvements to National Oceans and Coastal Security Fund.--
(1) Establishment of fund required.--Subsection (a) of
section 904 of such Act (16 U.S.C. 7503) is amended by
inserting ``and jointly manage'' after ``establish''.
(2) Deposits.--Paragraph (1) of subsection (b) of section
904 is amended to read as follows:
``(1) In general.--There shall be deposited into the Fund,
which shall constitute the assets of the Fund, amounts as
follows:
``(A) Amounts transferred to the Fund under section
908.
``(B) Such other amounts as may be appropriated or
otherwise made available to carry out this Act.''.
(3) Expenditures.--Section 904 of such Act (16 U.S.C. 7503)
is amended by striking subsection (d) and inserting the
following:
``(d) Expenditure.--
``(1) Of the amounts deposited into the Fund for each
fiscal year, if those funds are equal to or greater than
$100,000,000--
``(A) not more than 80 percent may be used for the
award of grants under subsection (b) of section 906;
``(B) not more than 20 percent may be used for the
award of grants under subsection (c) of such section;
and
``(C) not more than 4 percent may be used by the
Administrator and the National Fish and Wildlife
Foundation (Foundation) for administrative expenses to
carry out this chapter, which amount shall be divided
between the Administrator and the Foundation pursuant
to an agreement reached and documented by both the
Administrator and the Foundation.
``(2) Of the amounts deposited into the Fund for each
fiscal year, if those funds are less than $100,000,000, all
funds shall be used for the award of grants under subsection
(c) of section 906 and no more than 4 percent may be used by
the Administrator and the Foundation for administrative
expenses to carry out this chapter, which amount shall be
divided between the Administrator and the Foundation pursuant
to an agreement reached and documented by both the
Administrator and the Foundation.''.
(c) Eligible Uses of the Fund.--Section 905 of such Act (16 U.S.C.
7504) is amended to read as follows:
``SEC. 905. ELIGIBLE USES.
``(a) In General.--Amounts in the Fund may be allocated by the
Administrator and the Foundation to support programs and activities
intended to protect, conserve, restore, better understand, and utilize
ocean and coastal resources and coastal infrastructure, including
scientific research, resiliency 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.
``(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) Acquiring 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 as an eligible funding effort.
``(b) Matching Requirement.--The Administrator and the Foundation
shall require a non-Federal match for all awards made under section
906(c) from the Fund.
``(c) Prohibition on Use of Funds for Litigation.--No funds made
available under this Act may be used to fund litigation against the
Federal Government.''.
(d) Grants.--
(1) Administration.--Subsection (a)(1) of section 906 of
such Act (16 U.S.C. 7505) is amended--
(A) by amending subparagraph (B) to read as
follows:
``(B) Selection procedures and criteria for the
awarding of grants under this section that require
consultation with the Administrator and the Secretary
of the Interior.'';
(B) by amending subparagraph (C)(ii) to read as
follows:
``(ii) under subsection (c) to entities
including States, local governments, regional
and interstate collaboratives, associations,
nonprofit and for-profit private entities,
public-private partnerships, academic
institutions, and Indian Tribes.'';
(C) in subparagraph (F), by striking ``year if
grants have been awarded in that year'' and inserting
``5 years''; and
(D) by adding at the end the following:
``(I) A method to give special consideration in
reviewing proposals to projects with either direct or
indirect coastal or marine blue carbon benefits and an
accounting methodology to quantify these benefits for
the purposes of the annual report required under
section 907.''.
(2) Grants to coastal states.--Subsection (b) of section
906 of such Act (16 U.S.C. 7505) is amended to read as follows:
``(b) Grants to Coastal States.--
``(1) In general.--Subject to section 904(d)(1) and
paragraphs (3) and (4) of this subsection, the Administrator
and the Foundation shall award grants to eligible coastal
States based on the following formula:
``(A) 50 of the funds are allocated equally among
such coastal States.
``(B) 25 percent of the funds are allocated on the
basis of the ratio of tidal shoreline miles in a
coastal State to the tidal shoreline miles of all
coastal States.
``(C) 25 percent of the funds are allocated on the
basis of the ratio of population density of the coastal
counties of a coastal State to the average population
density of all coastal counties based on the most
recent data available by the U.S. Census Bureau.
``(2) Eligible coastal states.--For purposes of this
subsection, an eligible coastal State is any coastal state as
defined in section 304 of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453).
``(3) Maximum allocation to states.--Notwithstanding
paragraph (1), not more than 5 percent of the total funds
distributed under this subsection may be allocated to any
single State. Any amount exceeding this limit shall be
redistributed equally among the remaining eligible coastal
States.
``(4) Requirement to submit plans.--
``(A) In general.--To be eligible to receive a
grant under this subsection, an eligible coastal State
shall submit to the Administrator for review and
approval, a 5-year plan, which shall include the
following:
``(i) Criteria to determine eligibility for
entities which may receive grants under this
subsection.
``(ii) A description of the competitive
process the coastal State will use in
allocating funds received from the Fund, except
in the case of allocating funds under paragraph
(7), which shall include--
``(I) a description of the relative
roles of and consistency with the State
coastal zone management program
approved under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451
et seq.), if the coastal State has such
a plan, and any State Sea Grant
Program, if the State has such program;
and
``(II) a demonstration that such
competitive process is consistent with
the application and review procedures
established by the Administrator and
Foundation under subsection (a)(1).
``(iii) A process to certify that the
project or program and the awarding of a
contract for the expenditure of amounts
received under this paragraph are consistent
with the standard procurement rules and
regulations governing a comparable project or
program in that State, including all applicable
competitive bidding and audit requirements.
``(iv) Procedures to make publicly
available on the internet a list of all
projects supported by the Fund, that includes
at a minimum the grant recipient, grant amount,
project description, and project status.
``(B) Updates.--As a condition of receiving a grant
under this subsection, a coastal State shall submit to
the Administrator, not less frequently than once every
5 years, an update to the plan submitted by the coastal
State under subparagraph (A) for the 5-year period
immediately following the most recent submittal under
this paragraph.
``(5) Opportunity for public comment.--In determining
whether to approve a plan or an update to a plan described in
subparagraph (A) or (B) of paragraph (5), the Administrator or
the Foundation shall provide the opportunity for, and take into
consideration, public input and comment on the plan.
``(6) Indian tribes.--As a condition on receipt of a grant
under this subsection, a State that receives a grant under this
subsection shall ensure that Indian Tribes in the State are
eligible to participate in the competitive process described in
the State's plan under paragraph (5)(A)(ii).
``(7) Nonparticipation by a state.--In any year, if an
eligible coastal State or geographic area described in
paragraph (4)(B) does not submit the plan required by paragraph
(5) or declines the funds distributed under this subsection,
the funds that would have been allocated to the State or area
shall be redistributed equally among the remaining eligible
coastal States and geographic areas.''.
(3) National grants for oceans, coasts, and great lakes.--
Subsection (c)(2) of such section is amended--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating clause (iii) as
clause (iv); and
(iii) by inserting after clause (ii) the
following:
``(iii) nongovernmental organizations;
and''; and
(B) by adding at the end the following:
``(C) Cap on state funding.--The amount of a grant
awarded under this subsection shall not count toward
the cap on funding to States through grants awarded
under subsection (b).''.
(e) Annual Report.--Section 907 of the National Oceans and Coastal
Security Act (16 U.S.C. 7506) is amended--
(1) by amending paragraph (3) of subsection (b) to read as
follows:
``(3) a description of the expenditures made from the Fund
for the fiscal year, including the purpose of the expenditures;
and''; and
(2) by adding at the end the following:
``(4) an estimate of blue carbon benefits, in tons of
carbon dioxide, expected through grants awarded to projects
that received special consideration under section 906 due to
their blue carbon potential.''.
(f) Funding.--Section 908 of such Act (16 U.S.C. 7507) is amended
to read as follows:
``SEC. 908. FUNDING.
``There is authorized to be appropriated $100,000,000 to carry out
this title for fiscal year 2020 and each fiscal year thereafter.''.
SEC. 1005. SHOVEL-READY RESTORATION GRANTS FOR COASTLINES AND
FISHERIES.
(a) Establishment.--The Secretary shall establish a grant program
to provide funding and technical assistance to eligible entities for
purposes of carrying out a project described in subsection (d).
(b) Project Proposal.--To be considered for a grant under this
section, an eligible entity shall submit a grant proposal to the
Secretary in a time, place, and manner determined by the Secretary.
Such proposal shall include monitoring, data collection, and measurable
performance criteria with respect to the project.
(c) Development of Criteria.--The Secretary shall select eligible
entities to receive grants under this section based on criteria
developed by the Secretary, in consultation with relevant offices of
the National Oceanic and Atmospheric Administration, such as the Office
of Habitat Conservation and the Office for Coastal Management.
(d) Eligible Projects.--A project is described by this section if--
(1) the purpose of the project is to restore a marine,
estuarine, coastal, or Great Lake habitat, including--
(A) restoration of habitat to protect or recover a
species that is threatened, endangered, or a species of
concern under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(B) through the removal or remediation of marine
debris, including derelict vessels and fishing gear, in
coastal and marine habitats; or
(C) for the benefit of--
(i) shellfish;
(ii) fish, including diadromous fish; or
(iii) coral reef; or
(2) provides adaptation to climate change, including by
constructing or protecting ecological features or nature-based
infrastructure that protects coastal communities from sea level
rise, coastal storms, or flooding, and blue carbon projects.
(e) Priority.--In determining which projects to fund under this
section, the Secretary shall give priority to a proposed project--
(1) that would stimulate the economy;
(2) for which the applicant can demonstrate that the grant
will fund work that will begin not more than 90 days after the
date of the award;
(3) for which the applicant can demonstrate that the grant
will fund work that will employ fishermen who have been
negatively impacted by the COVID-19 pandemic or pay a fisherman
for the use of a fishing vessel;
(4) for which the applicant can demonstrate that any
preliminary study or permit required before the project can
begin has been completed or can be completed shortly after an
award is made; or
(5) that includes communities that may not have adequate
resources including low income communities, communities of
color, Tribal communities, Indigenous communities, and rural
communities.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Commerce $3,000,000,000 for fiscal
year 2020 to carry out this section, to remain available until
expended.
(g) Definitions.--
(1) Eligible entity.--In this Act, ``eligible entity''
means a nonprofit, a for-profit business, an institution of
higher education, or a State, local, Tribal, or Territorial
government.
(2) Fishermen.--The term ``fishermen'' means commercial or
for-hire fishermen or oyster farmers.
(3) Secretary.--In this section, the term ``Secretary''
means the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration.
SEC. 1006. 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'') of
the Council on Environmental Quality shall establish a Strategic
Climate Change Relocation Initiative (in this section referred to as
the ``Initiative'') for the purposes of coordinating Federal agency
activities to identify and assist communities that have expressed
affirmative interest in relocation due to health, safety, and
environmental impacts from climate change, including hurricanes,
flooding, sea level rise, and repeat wildfires.
(b) Director.--The Chair shall appoint a Strategic Climate
Relocation Director to manage the Initiative.
(c) Consultation.--The Chair shall coordinate and consult with
Federal agencies conducting activities related to this section
including the National Oceanic and Atmospheric Administration, the
Department of the Interior, including the Bureau of Indian Affairs, the
Environmental Protection Agency, the Federal Emergency Management
Agency, the Department of Housing and Urban Development, the Denali
Commission, the Corps of Engineers, the Office of Management and
Budget, the National Economic Council, the National Security Council,
the White House Council on Native American Affairs Interagency Subgroup
on Tribal Resilience, and other Federal agencies as appropriate.
(d) External Advisory Panel.--The Chair shall establish an external
advisory panel that may include community leaders, non-governmental
organizations, State and local government representatives, Tribal
leaders, Indigenous community representatives, climate adaptation
professionals, and other relevant experts as appropriate.
(e) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Chair shall submit a report to Congress
recommending key elements of a Strategic Climate Change Relocation
Program to identify and assist communities that have expressed
affirmative interest in relocation due to health, safety, and
environmental impacts from climate change. The report shall--
(1) identify--
(A) areas where climate change impacts make
relocation a likely climate change adaptation strategy;
(B) communities that have expressed affirmative
interest in relocation (in this section referred to as
``sending communities''); and
(C) potential relocation areas and communities that
have expressed interest in attracting climate migrants
(in this section referred to as ``receiving
communities'');
(2) propose criteria to qualify for climate relocation
assistance, with preference given to disadvantaged communities
where community members have indicated a preference for retreat
which would otherwise be challenged to relocate;
(3) describe the roles and responsibilities of specific
Federal agencies in implementing the Strategic Climate Change
Relocation Program and how the Program should be coordinated
with applicable State and Federal agency plans and programs and
identify Federal programs that can be tailored to incentivize
self-identification of communities as receiving areas;
(4) outline the role that State and local governments
should play in implementing the Strategic Climate Change
Relocation Program, including identification of areas or
communities where people leaving areas vulnerable to climate
change can consider locating, and the specific resources needed
to prepare those communities to be receiving communities in
terms of Federal investment in infrastructure, affordable
housing, and social services;
(5) summarize existing Federal and State programs for
purchase of individual properties vulnerable to the impacts of
climate change and propose how these programs might be
restructured, improved, or expanded to incentivize climate
change relocation;
(6) describe measures that governments or other
organizations can take to reduce the psychological stress
associated with relocation to preserve or support the
historical and cultural identity of communities being relocated
and to restore and conserve areas that are relocated from as
publicly accessible natural assets, and how Federal programs
will support these efforts;
(7) identify and recommend measures to overcome how
institutional barriers, such as Federal programs that do not
account for Tribal sovereignty, constrain Tribal communities'
ability to pursue self-determined management of their resources
and built environment;
(8) identify measures that Congress, Federal agencies, or
State and local governments should take to discourage or
restrict new development and hard structural measures in areas
vulnerable to such significant climate change impacts that they
are likely to require a solution that includes relocation, in
particular, where the Federal Government could establish
stricter funding requirements for post-disaster funding that
require updated building codes and land use strategies
reflecting climate risk;
(9) describe existing policies and clarify responsibilities
of governments in complying with obligations to protect private
property, including providing just compensation for any taking
of private property;
(10) propose an application process, available online, for
States and communities to express affirmative interest in
climate relocation assistance, either as a leaving community or
receiving community;
(11) provide guidance on and identify additional funding
for operations and maintenance requirements for vacated land,
and identify the resources needed to prioritize public access,
recreational spaces, or conservation areas;
(12) review efficacy of existing flood mitigation
strategies on reducing flood risk to human populations, and
identify opportunities to coordinate blue-green infrastructure
solutions with buyout programs that increase the resilience of
remaining residents; and
(13) outline the amount and timing of Federal funding that
is expected to be needed to implement the Climate Change
Relocation Program.
(f) Development of Report to Congress.--In developing the report
required under subsection (e), the Chair shall--
(1) provide for public review and comment of a draft of the
report;
(2) consult with organizations representing State and local
governments;
(3) consult with the external advisory panel; and
(4) evaluate projects implemented under the National
Disaster Resilience Competition administered by the Department
of Housing and Urban Development.
(g) Climate Change Strategic Relocation Program Pilot Projects.--
Within 2 years after the date of the submission of the report under
subsection (e), the Chair shall establish and carry out pilot projects
based upon the recommendations included in such report.
(h) Subsequent Periodic Reports to Congress.--Within three years
after the date of the submission of the report under subsection (e),
and every three years thereafter, the Chair shall submit to Congress a
report evaluating progress in the implementation of the Climate Change
Relocation Program and making recommendations for needed changes to the
Program.
TITLE XI--OCEAN HEALTH: OCEAN ACIDIFICATION AND HARMFUL ALGAL BLOOMS
Subtitle A--Coastal Communities Ocean Acidification Act
SEC. 1101. STATE AND UNITED STATES DEFINED.
Section 12403 of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (33 U.S.C. 3702) is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by inserting after paragraph (2) the following:
``(3) State.--The term `State' means each State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands of the United
States, and any other territory or possession of the United
States.''; and
(3) by adding at the end the following:
``(5) United states.--The term `United States' means the
States, collectively.''.
SEC. 1102. COASTAL COMMUNITY VULNERABILITY ASSESSMENT.
(a) In General.--Section 12406 of the Federal Ocean Acidification
Research And Monitoring Act of 2009 (33 U.S.C. 3705) is amended--
(1) in subsection (a), by inserting ``(referred to in this
section as the `Program')'' after ``acidification program'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:
``(b) Community Vulnerability Assessment.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Ocean-Based Climate Solutions Act of 2020
and every 7 years subsequent, the Secretary, through the
`Program', shall conduct an ocean acidification coastal
community vulnerability assessment, and issue a corresponding
public report.
``(2) Requirements.--The assessment conducted under
paragraph (1) shall--
``(A) identify the United States coastal
communities, including island communities, low-
population rural communities, and subsistence
communities, that are most dependent on coastal and
ocean resources that may be impacted by ocean
acidification;
``(B) assess the nature of the social and economic
vulnerabilities of those communities, including the
economic effect on local or regional commercial
fisheries and recreational opportunities and over what
timescales such effects will be felt;
``(C) identify the ocean acidification impacts that
might harm those communities, both in isolation and in
conjunction with other changing ocean conditions,
including effects from changes in ocean and coastal
marine resources that are not managed by the Federal
Government;
``(D) identify key knowledge gaps where research
could be devoted to better understand the possible
impacts of ocean acidification on those communities,
the risks and threats facing those communities, and
possible adaptation strategies for those communities;
and
``(E) be conducted in collaboration with experts,
traditional knowledge experts, and individuals who are
familiar with the unique economic, social, ecological,
geographic, and resource concerns of coastal
communities in the United States, including
representatives from--
``(i) the National Marine Fisheries Service
and the Office for Coastal Management of the
National Oceanic and Atmospheric
Administration;
``(ii) National Integrated Coastal and
Ocean Observation System regional information
coordination entities established under section
12304(c)(4) of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C.
3603(c)(4));
``(iii) regional ocean acidification
networks; and
``(iv) State sea grant programs (as defined
in section 203 of the National Sea Grant
College Program Act (33 U.S.C. 1122)).
``(c) Support for State and Local Vulnerability Assessments and
Strategic Research Planning.--In carrying out the Program, the
Secretary shall collaborate with State, local, 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.''.
(b) Ongoing Input Mechanism.--Section 12404(b)(5) of the Federal
Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C.
3703(b)(5)) is amended--
(1) by striking ``including information'' and inserting the
following: ``including--
``(A) information'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(B) an ongoing mechanism that allows affected
industry members, coastal stakeholders, non-Federal
resource managers, community acidification networks,
Indigenous knowledge groups, and scientific experts not
employed by the Federal Government to provide input on
research, data, and monitoring that is necessary to
support on-the-ground management, decision making, and
adaptation related to ocean acidification and the
effects of such acidification.''.
(c) Strategic Research Plan.--Section 12405 of the Federal Ocean
Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704) is
amended--
(1) in subsection (b)--
(A) in paragraph (8), by striking ``and'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(10) make recommendations to conduct research in areas,
including the social sciences and economics, to address the key
knowledge gaps identified in the community vulnerability
assessment report conducted under section 12406(b).''; and
(2) in subsection (e), by inserting ``, Tribal governments,
Indigenous and traditional knowledge experts,'' after
``industry''.
(d) Authorization of Appropriations.--Section 12409(a) of the
Federal Ocean Acidification Research And Monitoring Act of 2009 (33
U.S.C. 3708(a)) is amended to read as follows:
``(a) National Oceanic and Atmospheric Administration.--There are
authorized to be appropriated to the National Oceanic and Atmospheric
Administration to carry out the purposes of this subtitle $2,700,000
for each of fiscal years 2021 through 2025.''.
(e) Report on Support for State and Local Vulnerability Assessments
and Strategic Research Planning.--Not later than 180 days after the
date of the enactment of this Act, the Administrator shall submit to
Congress a report detailing the efforts of the National Oceanic and
Atmospheric Administration to support State, local, and Tribal
community vulnerability assessments, strategic research and planning,
and monitoring needs, pursuant to section 12406(c) of the Federal Ocean
Acidification Research And Monitoring Act of 2009 (as added by
subsection (a)).
Subtitle B--Ocean Acidification Act
SEC. 1111. 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--COAST Research Act
SEC. 1121. PURPOSES.
(a) In General.--Section 12402(a) of the Federal Ocean
Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3701(a))
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``development and coordination'' and inserting
``coordination and implementation'';
(B) in subparagraph (A), by striking
``acidification on marine organisms'' and inserting
``acidification and coastal acidification on marine
organisms''; and
(C) in subparagraph (B), by striking ``establish''
and all that follows through the semicolon and
inserting ``maintain and advise an interagency
research, monitoring, and public outreach program on
ocean acidification and coastal acidification;'';
(2) in paragraph (2), by striking ``establishment'' and
inserting ``maintenance'';
(3) in paragraph (3), by inserting ``and coastal
acidification'' after ``ocean acidification''; and
(4) in paragraph (4), by inserting ``and coastal
acidification that take into account other environmental and
anthropogenic stressors'' after ``ocean acidification''.
(b) Technical and Conforming Amendment.--Section 12402 of the
Federal Ocean Acidification Research And Monitoring Act of 2009 (33
U.S.C. 3701(a)) is amended by striking ``(a) Purposes.--''.
SEC. 1122. DEFINITIONS.
Section 12403 of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (33 U.S.C. 3702) is amended--
(1) in paragraph (1), by striking ``of the Earth's oceans''
and all that follows before the period at the end and inserting
``and changes in the water chemistry of the Earth's oceans,
coastal estuaries, and waterways caused by carbon dioxide from
the atmosphere and the breakdown of organic matter'';
(2) in paragraph (3), by striking ``Joint Subcommittee on
Ocean Science and Technology of the National Science and
Technology Council'' and inserting ``National Science and
Technology Council Subcommittee on Ocean Science and
Technology'';
(3) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(4) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Coastal acidification.--The term `coastal
acidification' means the combined decrease in pH and changes in
the water chemistry of coastal oceans, estuaries, and other
bodies of water from chemical inputs (including carbon dioxide
from the atmosphere), freshwater inputs, and excess nutrient
run-off from land and coastal atmospheric pollution that result
in processes that release carbon dioxide, acidic nitrogen, and
sulfur compounds as byproducts which end up in coastal
waters.''; and
(5) by adding at the end the following new paragraph:
``(5) State.--The term `State' means each State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands of the United
States, and any other territory or possession of the United
States.''.
SEC. 1123. INTERAGENCY WORKING GROUP.
Section 12404 of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (33 U.S.C. 3703) is amended--
(1) in the heading, by striking ``subcommittee'' and
inserting ``working group'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Joint
Subcommittee on Ocean Science and Technology of the
National Science and Technology Council shall
coordinate Federal activities on ocean acidification
and'' and insert ``Subcommittee shall'';
(B) in paragraph (2), by striking ``Wildlife
Service,'' and inserting ``Wildlife Service, the Bureau
of Ocean Energy Management, the Environmental
Protection Agency, the Department of Agriculture, the
Department of State, the Department of Energy, the
Department of the Navy, the National Park Service, the
Bureau of Indian Affairs, the National Institute of
Standards and Technology, the Smithsonian
Institution,''; and
(C) in paragraph (3), in the heading, by striking
``Chairman'' and inserting ``Chair'';
(3) in subsection (b)--
(A) in paragraph (1), by inserting ``, including
the efforts of the National Oceanic and Atmospheric
Administration to facilitate such implementation''
after ``of the plan'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
coastal acidification'' after ``ocean
acidification''; and
(ii) in subparagraph (B), by inserting
``and coastal acidification'' after ``ocean
acidification'';
(C) in paragraph (4), by striking ``; and'' and
inserting a semicolon;
(D) in paragraph (5)--
(i) by striking ``developed'' and inserting
``and coastal acidification developed''; and
(ii) by striking the period at the end and
inserting ``and coastal acidification; and'';
and
(E) by adding at the end the following new
paragraph:
``(6) ensure that each of the Federal agencies represented
on the interagency working group--
``(A) participates in the Ocean Acidification
Information Exchange established under paragraph (5);
and
``(B) delivers data and information to support the
data archive system established under section
12406(d).'';
(4) in subsection (c), in paragraph (2)--
(A) by inserting ``, and to the Office of
Management and Budget,'' after ``House of
Representatives''; and
(B) in subparagraph (B), by striking ``the
interagency research'' and inserting ``interagency
strategic research'';
(5) by redesignating subsection (c) as subsection (d); and
(6) by inserting after subsection (b) the following:
``(c) Advisory Board.--
``(1) Establishment.--The Chair of the Subcommittee shall
establish an Ocean Acidification Advisory Board.
``(2) Duties.--The Advisory Board shall--
``(A) not later than 180 days before the
Subcommittee submits the most recent report under
subsection (d)(2)--
``(i) review such report;
``(ii) submit an analysis of such report to
the Subcommittee for consideration in the final
report submitted under subsection (d)(2); and
``(iii) concurrently with the
Subcommittee's final submission of the report
under subsection (d)(2), the Advisory Board
shall submit a copy of the analysis provided to
the Subcommittee to the Committee on Commerce,
Science, and Transportation of the Senate, the
Committee on Science, Space, and Technology of
the House of Representatives, and the Committee
on Natural Resources of the House of
Representatives;
``(B) not later than 180 days before the
Subcommittee submits the most recent strategic research
plan under subsection (d)(3) to Congress--
``(i) review such plan;
``(ii) submit an analysis of such plan and
the implementation thereof to the Subcommittee
for consideration in the final strategic
research plan submitted under subsection
(d)(3); and
``(iii) concurrently with the
Subcommittee's final submission of the
strategic research plan under subsection
(d)(3), the Advisory Board shall submit a copy
of the analysis provided to the Subcommittee to
the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on
Science, Space, and Technology of the House of
Representatives, and the Committee on Natural
Resources of the House of Representatives;
``(C) provide ongoing advice to the Subcommittee
and the interagency working group on matters related to
Federal activities on ocean acidification and coastal
acidification;
``(D) advise the Subcommittee and the interagency
working group on--
``(i) efforts to coordinate research and
monitoring activities related to ocean
acidification and coastal acidification; and
``(ii) the best practices for the standards
developed for data archiving under section
12406(e);
``(E) publish in the Federal Register a charter;
``(F) provide the Library of Congress with--
``(i) the charter described in subparagraph
(E);
``(ii) any schedules and minutes for
meetings of the Advisory Board;
``(iii) any documents that are approved by
the Advisory Board; and
``(iv) any reports and analysis prepared by
the Advisory Board; and
``(G) establish a publicly accessible web page on
the website of the National Oceanic and Atmospheric
Administration, that contains the information described
in clauses (i) through (iv) of subparagraph (F).
``(3) Membership.--The Advisory Board shall consist of 24
members as follows:
``(A) Two representatives of the shellfish and crab
industry.
``(B) One representative of the finfish industry.
``(C) One representative of seafood processors.
``(D) Three representatives from academia,
including both natural and social sciences.
``(E) One representative of recreational fishing.
``(F) One representative of relevant
nongovernmental organizations.
``(G) Six representatives from relevant State,
local, and Tribal governments.
``(H) One representative from the Alaska Ocean
Acidification Network.
``(I) One representative from the California
Current Acidification Network.
``(J) One representative from the Northeast Coastal
Acidification Network.
``(K) One representative from the Southeast Coastal
Acidification Network.
``(L) One representative from the Gulf of Mexico
Coastal Acidification Network.
``(M) One representative from the Mid-Atlantic
Coastal Acidification Network.
``(N) One representative from the Pacific Islands
Ocean Observing System or similar entity representing
the island Territories and possessions of the United
States in the Pacific Ocean, and the State of Hawaii.
``(O) One representative from the Caribbean
Regional Association for Coastal Ocean Observing or a
similar entity representing Puerto Rico and the United
States Virgin Islands.
``(P) One representative from the National Oceanic
and Atmospheric Administration shall serve as an ex-
officio member of the Advisory Board without a vote.
``(4) Appointment of members.--The Chair of the
Subcommittee shall--
``(A) appoint members to the Advisory Board (taking
into account the geographical interests of each
individual to be appointed as a member of the Advisory
Board to ensure that an appropriate balance of
geographical interests are represented by the members
of the Advisory Board) who--
``(i) represent the interest group for
which each seat is designated;
``(ii) demonstrate expertise on ocean
acidification or coastal acidification and its
scientific, economic, industry, cultural, and
community impacts; and
``(iii) have a record of distinguished
service with respect to ocean acidification or
coastal acidification, and such impacts;
``(B) give consideration to nominations and
recommendations from the members of the interagency
working group and the public for such appointments; and
``(C) ensure that an appropriate balance of
scientific, industry, and geographical interests are
represented by the members of the Advisory Board.
``(5) Term of membership.--Each member of the Advisory
Board--
``(A) shall be appointed for a 5-year term; and
``(B) may be appointed to more than 1 term.
``(6) Chair.--The Chair of the Subcommittee shall appoint 1
member of the Advisory Board to serve as the Chair of the
Advisory Board.
``(7) Meetings.--Not less than once each calendar year, the
Advisory Board shall meet at such times and places as may be
designated by the Chair of the Advisory Board, in consultation
with the Chair of the Subcommittee and the Chair of the
interagency working group.
``(8) Briefing.--The Chair of the Advisory Board shall
brief the Subcommittee and the interagency working group on the
progress of the Advisory Board as necessary.
``(9) Federal advisory committee act.--Section 14 of the
Federal Advisory Committee Act shall not apply to the Advisory
Board.''.
SEC. 1124. STRATEGIC RESEARCH PLAN.
Section 12405 of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (33 U.S.C. 3704) is amended--
(1) in subsection (a)--
(A) by striking ``acidification'' each place it
appears and inserting ``acidification and coastal
acidification'';
(B) in the first sentence--
(i) by inserting ``, and not later than
every 5 years thereafter'' after ``the date of
enactment of this Act'';
(ii) by inserting ``address the
socioeconomic impacts of ocean acidification
and coastal acidification and to'' after
``mitigation strategies to''; and
(iii) by striking ``marine ecosystems''
each place it appears and inserting
``ecosystems''; and
(C) in the second sentence, by inserting ``and
recommendations made by the Advisory Board in the
review of the plan required under section
12404(c)(2)(B)(i)'' after ``subsection (d)'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``and social
sciences'' after ``among the ocean sciences'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``impacts'' and inserting ``impacts, including
trends of changes in ocean chemistry,'';
(ii) in subparagraph (B)--
(I) by striking ``improve the
ability to assess the'' and inserting
``assess the short-term and long-
term''; and
(II) by striking ``; and'' at the
end and inserting a semicolon;
(iii) by amending subparagraph (C) to read
as follows:
``(C) provide information for the--
``(i) development of adaptation and
mitigation strategies to address the
socioeconomic impacts of ocean acidification
and coastal acidification;
``(ii) conservation of marine organisms and
ecosystems;
``(iii) assessment of the effectiveness of
such adaptation and mitigation strategies;
and''; and
(iv) by adding at the end the following new
subparagraph:
``(D) improve research on--
``(i) ocean acidification and coastal
acidification;
``(ii) the interactions between and effects
of multiple combined stressors including
changes in water chemistry, changes in sediment
delivery, hypoxia, and harmful algal blooms, on
ocean acidification and coastal acidification;
and
``(iii) the effect of environmental
stressors on marine resources and
ecosystems;'';
(C) in paragraph (3)--
(i) in subparagraph (F), by striking
``database development'' and inserting ``data
management'';
(ii) in subparagraph (H) by striking
``and'' at the end; and
(iii) by adding at the end the following
new subparagraphs:
``(J) assessment of adaptation and mitigation
strategies; and
``(K) education and outreach activities;'';
(D) in paragraph (4), by striking ``set forth'' and
inserting ``ensure an appropriate balance of
contribution in establishing'';
(E) in paragraph (5), by striking ``reports'' and
inserting ``the best available peer-reviewed scientific
reports'';
(F) in paragraph (6)--
(i) by inserting ``and coastal
acidification'' after ``ocean acidification'';
and
(ii) by striking ``of the United States''
and inserting ``within the United States'';
(G) in paragraph (7), by striking ``outline budget
requirements'' and inserting ``estimate costs
associated for full implementation of each element of
the plan by fiscal year'';
(H) in paragraph (8)--
(i) by inserting ``and coastal
acidification'' after ``ocean acidification''
each place it appears;
(ii) by striking ``its'' and inserting
``their''; and
(iii) by striking ``; and'' at the end and
inserting a semicolon;
(I) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(J) by adding at the end the following new
paragraph:
``(10) describe monitoring needs necessary to support
potentially affected industry members, coastal stakeholders,
fishery management councils and commissions, non-Federal
resource managers, and scientific experts on decision making
and adaptation related to ocean acidification and coastal
acidification.'';
(3) in subsection (c)--
(A) in paragraph (1)(C), by striking ``surface'';
(B) in paragraph (2), by inserting ``and coastal
acidification'' after ``ocean acidification'' each
place it appears;
(C) in paragraph (3)--
(i) by striking ``input, and'' and
inserting ``inputs,'';
(ii) by inserting ``, marine food webs,''
after ``marine ecosystems''; and
(iii) by inserting ``, and modeling that
supports fisheries management'' after ``marine
organisms'';
(D) in paragraph (5), by inserting ``and coastal
acidification'' after ``ocean acidification''; and
(E) by adding at the end the following new
paragraph:
``(6) Research to understand related and cumulative
stressors and other biogeochemical processes occurring in
conjunction with ocean acidification and coastal
acidification.''; and
(4) by striking subsection (e) and inserting the following:
``(e) Advisory Board Evaluation.--Not later than 180 days before a
plan is submitted to Congress, the Subcommittee shall provide the
Advisory Board established under section 12404(c) a copy of the plan
for purposes of review under paragraph (2)(B)(i) of such section.
``(f) Publication and Public Comment.--Not later than 90 days
before the strategic research plan, or any revision thereof, is
submitted to Congress, the Subcommittee shall publish the plan in the
Federal Register and provide an opportunity for submission of public
comments for a period of not less than 60 days.''.
SEC. 1125. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OCEAN
ACIDIFICATION ACTIVITIES.
Section 12406 of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (33 U.S.C. 3705) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``coordination,'' after ``research,
monitoring,'';
(B) in paragraph (1)--
(i) in subparagraph (B)--
(I) by inserting ``including the
Integrated Ocean Observing System and
the ocean observing assets of other
Federal and State agencies,'' after
``ocean observing assets,''; and
(II) by inserting ``and agency and
department missions, prioritizing the
location of monitoring instruments,
assets, and projects to maximize the
efficiency of resources and to optimize
understanding of socioeconomic impacts
and ecosystem health'' after ``research
program'';
(ii) in subparagraph (C)--
(I) by striking ``adaptation'' and
inserting ``adaptation and
mitigation''; and
(II) by inserting ``and supporting
socioeconomically vulnerable
communities and industries'' after
``marine ecosystems'';
(iii) in subparagraph (E), by striking
``its impacts'' and inserting ``their
respective impacts'';
(iv) in subparagraph (F), by striking
``monitoring and impacts research'' and
inserting ``research, monitoring, and
adaptation and mitigation strategies''; and
(v) by adding at the end the following new
subparagraph:
``(G) research to improve understanding of the
effect of--
``(i) other environmental stressors on
ocean acidification and coastal acidification;
``(ii) multiple environmental stressors on
living marine resources and coastal ecosystems;
and
``(iii) adaptation and mitigation
strategies to address the socioeconomic impacts
of ocean acidification and coastal
acidification.'';
(C) in paragraph (2), by striking ``critical
research projects that explore'' and inserting
``critical research and education projects that explore
and communicate''; and
(D) in paragraphs (1) and (2), by striking
``acidification'' each place it appears and inserting
``acidification and coastal acidification''; and
(2) by adding at the end the following new subsections:
``(c) Relationship to Interagency Working Group.--The National
Oceanic and Atmospheric Administration shall serve as the lead Federal
agency responsible for coordinating the Federal response to ocean
acidification and coastal acidification, by--
``(1) leading the interagency working group in implementing
the strategic research plan under section 12405;
``(2) coordinating monitoring and research efforts among
Federal agencies in cooperation with State, local, and Tribal
government and international partners;
``(3) maintaining an Ocean Acidification Information
Exchange described under section 12404(b)(5) to allow for
information to be electronically accessible, including
information--
``(A) on ocean acidification developed through or
used by the ocean acidification program described under
section 12406(a); or
``(B) that would be useful to State governments,
local governments, Tribal governments, resource
managers, policymakers, researchers, and other
stakeholders in mitigating or adapting to the impacts
of ocean acidification and coastal acidification; and
``(4) establishing and maintaining the data archive system
under subsection (d).
``(d) Data Archive System.--
``(1) Management.--The Secretary, in coordination with
members of the interagency working group, shall provide for the
long-term stewardship of, and access to, data relating to ocean
acidification and coastal acidification by establishing and
maintaining a data archive system that the National Center for
Environmental Information uses to process, store, archive,
provide access to, and incorporate to the extent possible, such
data collected--
``(A) through relevant federally funded research;
and
``(B) by a Federal agency, State agency, local
agency, Tribe, academic scientist, volunteer scientist,
or industry organization.
``(2) Existing global or national data assets.--In
establishing and maintaining the data archive system under
paragraph (1), the Secretary shall ensure that existing global
or national data assets (including the data assets maintained
by the National Centers for Environmental Information, the
Integrated Ocean Observing System, and other existing data
systems within Federal agencies) are incorporated to the
greatest extent possible.
``(e) Standards, Protocols, and Procedures.--With respect to the
data described in subsection (d), the Secretary, in coordination with
members of the interagency working group, shall establish and revise as
necessary the standards, protocols, or procedures for--
``(1) processing, storing, archiving, and providing access
to such data;
``(2) the interoperability and intercalibration of such
data;
``(3) the collection of any metadata underlying such data;
and
``(4) sharing such data with State, local, and Tribal
government programs, potentially affected industry members,
coastal stakeholders, fishery management councils and
commissions, non-Federal resource managers, and academia.
``(f) Dissemination of Ocean Acidification Data and Coastal
Acidification Data.--The Secretary, in coordination with members of the
interagency working group, shall disseminate the data described under
subsection (d) to the greatest extent practicable by sharing such data
on full and open access exchanges, including the Ocean Acidification
Information Exchange described in section 12404(b)(5).
``(g) Requirement.--Recipients of grants from the National Oceanic
and Atmospheric Administration under this subtitle that collect data
described under subsection (d) shall--
``(1) collect such data in accordance with the standards,
protocols, or procedures established pursuant to subsection
(e); and
``(2) submit such data to the data archive system under
subsection (d), in accordance with any rules promulgated by the
Secretary.''.
SEC. 1126. NATIONAL SCIENCE FOUNDATION OCEAN ACIDIFICATION ACTIVITIES.
Section 12407 of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (33 U.S.C. 3706) is amended--
(1) by striking ``ocean acidification'' each place it
appears and inserting ``ocean acidification and coastal
acidification'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``continue'' and all that
follows through ``which shall'';
(ii) by striking ``proposals for research''
and inserting ``proposals for the
researching''; and
(iii) by striking ``its impacts'' and
inserting ``their respective impacts'';
(B) in paragraph (1), by striking ``marine
ecosystems'' and inserting ``ecosystems'';
(C) in paragraph (2), by striking ``; and'' at the
end and inserting a semicolon;
(D) in paragraph (3)--
(i) by striking ``and its impacts'' and
inserting ``and their respective impacts''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(E) by adding at the end the following new
paragraph:
``(4) adaptation and mitigation strategies to address
socioeconomic effects of ocean acidification and coastal
acidification.''; and
(3) by adding at the end the following:
``(d) Requirement.--Recipients of grants from the National Science
Foundation under this subtitle that collect data described under
section 12406(d) shall--
``(1) collect data in accordance with the standards,
protocols, or procedures established pursuant to section
12406(e); and
``(2) submit such data to the Director and the Secretary,
in accordance with any rules promulgated by the Director or the
Secretary.''.
SEC. 1127. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION OCEAN
ACIDIFICATION ACTIVITIES.
Section 12408 of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (33 U.S.C. 3707) is amended--
(1) by striking ``ocean acidification'' each place it
appears and inserting ``ocean acidification and coastal
acidification'';
(2) in subsection (a), by striking ``its impacts'' and
inserting ``their respective impacts''; and
(3) by adding at the end the following new subsection:
``(d) Requirement.--Researchers from the National Aeronautics and
Space Administration under this subtitle that collect data described
under section 12406(d) shall--
``(1) collect such data in accordance with the standards,
protocols, or procedures established pursuant to section
12406(e); and
``(2) submit such data to the Administrator and the
Secretary, in accordance with any rules promulgated by the
Administrator or the Secretary.''.
SEC. 1128. AUTHORIZATION OF APPROPRIATIONS.
Section 12409 of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (33 U.S.C. 3708) is amended--
(1) in subsection (a), by striking ``subtitle--'' and all
that follows through paragraph (4) and inserting the following:
``subtitle $30.5 million for each of the fiscal years 2021
through 2025.''; and
(2) in subsection (b), by striking ``subtitle--'' and all
that follows through paragraph (4) and inserting the following:
``subtitle $20 million for each of the fiscal years 2021
through 2025.''.
Subtitle D--South Florida Clean Coastal Waters
SEC. 1131. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA ASSESSMENT
AND ACTION PLAN.
(a) In General.--The Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998 (33 U.S.C. 4001 et seq.) is amended--
(1) by redesignating sections 605 (33 U.S.C. 4005) through
609 (33 U.S.C. 4009) as sections 606 through 610, respectively;
and
(2) by inserting after section 604 (33 U.S.C. 4004) the
following:
``SEC. 605. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA.
``(a) South Florida.--In this section, the term `South Florida'
means--
``(1) all lands and waters within the administrative
boundaries of the South Florida Water Management District;
``(2) regional coastal waters, including Biscayne Bay, the
Caloosahatchee Estuary, St. Lucie Estuary, Florida Bay, and
Indian River Lagoon; and
``(3) the Florida Reef Tract.
``(b) Integrated Assessment.--
``(1) Interim integrated assessment.--Not later than 540
days after the date of enactment of the Ocean-Based Climate
Solutions Act of 2020, the Task Force, in accordance with the
authority under section 603, shall complete and submit to
Congress and the President an interim integrated assessment.
``(2) Final integrated assessment.--Not later than 3 years
after the date of the enactment of the Ocean-Based Climate
Solutions Act of 2020, the Task Force shall finalize, and
submit to Congress and the President, the interim integrated
assessment required under paragraph (1).
``(3) Contents of the integrated assessment.--The
integrated assessment required under paragraphs (1) and (2)
shall examine the causes, consequences, and potential
approaches to reduction of harmful algal blooms and hypoxia in
South Florida, and the status of, and gaps within, current
harmful algal bloom and hypoxia research, monitoring,
management, prevention, response, and control activities that
directly affect the region by--
``(A) Federal agencies;
``(B) State agencies;
``(C) regional research consortia;
``(D) academia;
``(E) private industry;
``(F) nongovernmental organizations; and
``(G) Indian Tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)).
``(c) Action Plan.--
``(1) In general.--Not later than 3 years and 6 months
after the date of the enactment of the Ocean-Based Climate
Solutions Act of 2020, the Task Force shall develop and submit
to Congress an action plan, based on the integrated assessment
under subsection (b), for reducing, mitigating, and controlling
harmful algal blooms and hypoxia in South Florida.
``(2) Contents.--The action plan submitted under paragraph
(1) shall--
``(A) address the monitoring needs identified in
the integrated assessment under subsection (b);
``(B) include a timeline and budgetary requirements
for deployment of future assets;
``(C) identify requirements for the development and
verification of South Florida harmful algal bloom and
hypoxia models, including--
``(i) all assumptions built into the
models; and
``(ii) data quality methods used to ensure
the best available data are utilized; and
``(D) include a plan to implement a remote
monitoring network and early warning system for
alerting local communities in the region to harmful
algal bloom risks that may impact human health.
``(3) Requirements.--In developing the action plan
submitted under paragraph (1), the Task Force shall--
``(A) consult with the State of Florida, and
affected local and Tribal governments;
``(B) consult with representatives from regional
academic, agricultural, industry, and other stakeholder
groups;
``(C) ensure that such plan complements and does
not duplicate activities conducted by other Federal or
State agencies, including the South Florida Ecosystem
Restoration Task Force;
``(D) identify critical research for reducing,
mitigating, and controlling harmful algal bloom events
and their effects;
``(E) evaluate cost-effective, incentive-based
partnership approaches;
``(F) ensure that such plan is technically sound
and cost-effective;
``(G) use existing research, assessments, reports,
and program activities; and
``(H) publish a draft summary of the action plan
required by paragraph (1) in the Federal Register not
less than 180 days before submitting such plan to
Congress.
``(4) The Task Force shall submit, beginning 2 years after
the date on which the action plan required by paragraph (1) is
submitted to Congress, biennial progress reports on steps taken
to meet the objectives of such action plan to Congress.''.
(b) Clerical Amendment and Correction.--The table of contents in
section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105-
383) is amended by striking the items relating to title VI and
inserting the following new items:
``TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA
``Sec. 601. Short title.
``Sec. 602. Findings.
``Sec. 603. Assessments.
``Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.
``Sec. 603B. Comprehensive research plan and action strategy.
``Sec. 604. Northern Gulf of Mexico hypoxia.
``Sec. 605. South Florida harmful algal blooms and hypoxia.
``Sec. 606. Great Lakes hypoxia and harmful algal blooms.
``Sec. 607. Protection of States' Rights.
``Sec. 608. Effect on other Federal authority.
``Sec. 609. Definitions.
``Sec. 610. Authorization of appropriations.''.
Subtitle E--Protecting Local Communities From Harmful Algal Blooms
SEC. 1141. ALGAL BLOOMS.
Section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122) is amended by striking ``or
drought'' and inserting ``drought, or algal blooms''.
Subtitle F--Harmful Algal Bloom Essential Forecasting
SEC. 1151. DESIGNATING CERTAIN HARMFUL ALGAL BLOOM SERVICES AS EXCEPTED
SERVICES UNDER THE ANTI-DEFICIENCY ACT.
(a) In General.--Section 603A of the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998 (33 U.S.C. 4002) is amended by
adding at the end the following subsection:
``(j) Anti-Deficiency Act Applied to Harmful Algal Bloom
Services.--Any services by an officer or employee under this chapter,
including web services and server processing, for the Harmful Algal
Bloom forecast system of the National Oceanic and Atmospheric
Administration shall be deemed, for purposes of section 1342 of title
31, United States Code, services for emergencies involving the safety
of human life or the protection of property.''.
(b) Application.--The amendment made by subsection (a) shall apply
to any lapse in appropriations beginning on or after the date of
enactment of this Act.
SEC. 1152. 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 Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric Administration,
shall designate 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, 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 observational 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 State, Territorial, or Tribal research
agency; a nonprofit laboratory or other research entity; 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 an area 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 Northern
Mariana Islands, the United States Virgin Islands, and other
Territories and possessions of the United States; and
(3) avoid duplication of other harmful algal bloom
research.
(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 Secretary, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, 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 Secretary 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 2021 through 2025, of which not more than 5
percent may be available each fiscal year for administrative expenses.
TITLE XII--NATIONAL OCEAN POLICY, DATA, AND COORDINATED WEBSITE FOR
GRANT PROGRAMS
Subtitle A--Regional Ocean Partnerships
SEC. 1201. FINDINGS; SENSE OF CONGRESS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The ocean and coastal waters of the United States are
foundational to the economy, security, global competitiveness,
and well-being of the United States and continuously serve the
people of the United States and other countries as an important
source of food, energy, economic productivity, recreation,
culture, beauty, and enjoyment.
(2) Over many years, the resource productivity and water
quality of the ocean and coastal areas of the United States
have been diminished by pollution, increasing population
demands, economic development, and natural and man-made hazard
events, both acute and chronic.
(3) Ocean and coastal areas of the United States are
managed by State and Federal resource agencies and regulated on
an interstate and regional scale by various overlapping Federal
authorities, thereby creating a significant need for interstate
coordination to enhance regional priorities, including the
ecological and economic health of those areas.
(4) Regional Ocean Partnerships, established by coastal
states working in close coordination with Federal agencies,
regional fisheries managers, and Tribal governments, help
coordinate interstate responses to critical ocean issues that
extend beyond individual State boundaries.
(5) Regional Ocean Partnerships have improved understanding
of climate change's impact on fish and shellfish populations,
have invested in identifying indicators of ocean health and
addressing coastal mitigation, and have played leading roles in
the creation and upkeep of regional ocean data portals that
allow for improved understanding of ocean use synergies and
trade-offs.
(6) Regional Ocean Partnerships engage in coordinated
efforts to protect and enhance the health of living resources
and engage the public in stewardship of ocean and coastal
areas.
(7) The coordination offered by Regional Ocean Partnerships
is particularly critical in the era of climate change, with
coastal and ocean resources under threat and as demand for
offshore resources increases.
(b) Purposes.--The purposes of this subtitle are as follows:
(1) To complement and expand cooperative voluntary efforts
intended to manage 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 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 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. 1202. REGIONAL OCEAN PARTNERSHIPS.
(a) Definitions.--In this subtitle:
(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 to the term ``Indian tribe'' 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 may participate in a
Regional Ocean Partnership with 1 or more other coastal states
that share a common ocean or coastal area with the coastal
state, without regard to whether the coastal states are
contiguous.
(2) Application.--The Governor of a coastal state or the
Governors of a group of coastal states may apply to the
Secretary of Commerce, on behalf of a partnership, 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 Secretary may require.
(3) Requirements.--A partnership is eligible for
designation as a Regional Ocean Partnership by the Secretary
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 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 designated under paragraph (4), as
determined by the Secretary.
(4) Designation of certain entities as regional ocean
partnerships.--Notwithstanding paragraph (2) or (3), the
following entities are designated as Regional Ocean
Partnerships:
(A) The Gulf of Mexico Alliance, comprised of the
States of Alabama, Florida, Louisiana, Mississippi, and
Texas.
(B) The Northeast Regional Ocean Council, comprised
of the States of Maine, Vermont, New Hampshire,
Massachusetts, Connecticut, and Rhode Island.
(C) The Mid-Atlantic Regional Council on the Ocean,
comprised of the States of New York, New Jersey,
Delaware, Maryland, and Virginia.
(D) The West Coast Ocean Alliance, comprised of the
States of California, Oregon, and Washington and the
coastal Indian Tribes therein.
(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 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, and other activities that support the goals of the
partnership through the provision of grants and contracts under
subsection (e).
(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 counterparts, as appropriate on priority issues
for the partnership.
(e) 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 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 this paragraph
include any of the following:
(A) Monitoring the water quality and living
resources of multi-State ocean and coastal ecosystems
and to coastal communities.
(B) Researching and addressing the effects of
natural and 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.
(f) Reports and Assessments.--
(1) In general.--Not later than 5 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.
(g) 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.
(h) 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).
(i) Funding.--
(1) In general.--Of amounts authorized to be appropriated
to the National Oceanic and Atmospheric Administration, the
Administrator may make the following amounts available to
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) $10,000,000 for fiscal year 2021.
(B) $10,100,000 for fiscal year 2022.
(C) $10,202,000 for fiscal year 2023.
(D) $10,306,040 for fiscal year 2024.
(E) $10,412,160 for fiscal year 2025.
(F) $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) Availability of amounts.--Amounts made available under
paragraph (1) shall remain available until expended.
Subtitle B--Data and Scientific Coordination
SEC. 1211. INCREASED COORDINATION AMONG AGENCIES WITH RESPECT TO DATA
AND MONITORING.
(a) Interagency Ocean Observation Committee.--In addition to its
responsibilities as of the date of the enactment of this Act, and in
consultation with the associated advisory committee authorized by
section 12304(d) of the Integrated Coastal and Ocean Observation System
Act of 2009 (33 U.S.C. 3603(d)), the Interagency Ocean Observation
Committee shall--
(1) work with international coordinating bodies, as
necessary, to ensure robust, direct measurements of the Great
Lakes, oceans, bays, estuaries, and coasts, including
oceanographic data;
(2) coordinate supercomputing capacity, data storage
capacity, and public access across agencies; and
(3) support cross-agency and multi-platform synergy, by
coordinating overlapping data collection by satellites, buoys,
submarines, gliders, vessels, and other data collection
vehicles and technologies.
(b) Federal Geographic Data Committee.--In addition to its
responsibilities as of the date of the enactment of this Act, and in
consultation with the National Geospatial Advisory Committee, the
Federal Geographic Data Committee shall--
(1) work with international coordinating bodies, as
necessary, to ensure robust, continuous measurements of the
Great Lakes, oceans, bays, estuaries, and coasts, including
satellite and geospatial data;
(2) coordinate supercomputing capacity, data storage
capacity, and public access across agencies;
(3) develop and deploy cross-agency, real-time,
standardized, centralized, archived, open-source, and publicly
available databases (using declassified information to the
extent possible) for all federally funded observational and
model data, using the example of the World Ocean Database; and
(4) support new and old data and metadata certification,
quality assurance, quality control, integration, and archiving.
(c) Interagency Committee on Ocean and Coastal Mapping.--In
addition to its responsibilities as of the date of the enactment of
this Act, and in consultation with its associated advisory panel
authorized by section 12203(g) of the Ocean and Coastal Mapping
Integration Act (33 U.S.C. 3502(g)), the Interagency Committee on Ocean
and Coastal Mapping shall--
(1) work with international coordinating bodies, as
necessary, to ensure robust, continuous satellite and direct
measurements of the Great Lakes, oceans, bays, estuaries, and
coasts, including bathymetric data;
(2) coordinate supercomputing capacity, data storage
capacity, and public access across agencies;
(3) make recommendations on how to make data, metadata, and
model output accessible to a broader public audience, including
through geographic information system layers, graphics, and
other visuals; and
(4) develop and initiate a research agenda to improve
understanding of inundation risks to coastal areas as a result
of the climate crisis and to meet the information needs of
decision-makers as such decision-makers consider how to
appropriately adapt and increase resilience to such effects.
SEC. 1212. INTERAGENCY OCEAN EXPLORATION COMMITTEE.
(a) Establishment.--The President shall establish a committee to
promote the exploration and improved understanding of the oceans, to be
known as the ``Interagency Ocean Exploration Committee''.
(b) Membership.--The Interagency Ocean Exploration Committee shall
be composed of not fewer than 1 senior-level representative from each
of the following Federal agencies:
(1) The Department of the Navy.
(2) The Department of the Interior.
(3) The Department of Commerce.
(4) The Coast Guard.
(5) The Office of Management and Budget.
(6) The Council on Environmental Quality.
(7) The Office of Science and Technology Policy.
(8) The Department of State.
(9) The National Science Foundation.
(10) The National Aeronautics and Space Administration.
(11) The Subcommittee on Ocean Science and Technology of
the National Science and Technology Council.
(12) The elements of the intelligence community (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003)), as the President considers appropriate.
(c) Duties.--The Interagency Ocean Exploration Committee shall--
(1) cultivate public-private partnerships, including with
Federal agencies, academic institutions, nongovernmental
organizations, technology companies, and international
partners, to develop and deploy advanced technologies to
explore and characterize the oceans; and
(2) coordinate the application of existing innovative
technologies and development of emerging technologies to
promote the understanding, mapping, and collection of data
describing the oceans and the changes the oceans are
experiencing and are anticipated to experience in the future,
such as changes in temperature, salinity, oxygenation, and
acidity, and the biological consequences of those changes.
SEC. 1213. COMMITTEE ON OCEAN POLICY.
(a) Establishment.--There is established in the Executive Office of
the President a Committee on Ocean Policy, which--
(1) succeeds the Ocean Policy Committee established on June
19, 2018, by Executive Order 13840 (83 Fed. Reg. 29431;
relating to ocean policy);
(2) shall continue the activities of that committee as it
was in existence on the day before the date of the enactment of
this Act; and
(3) shall carry out the functions described in subsection
(b).
(b) Functions.--The Committee on Ocean Policy shall--
(1) facilitate coordination and integration of Federal
activities in ocean and coastal waters to inform ocean policy
and identify priority ocean research, technology, and data
needs;
(2) engage and collaborate with stakeholders, including
Regional Ocean Partnerships, to address ocean-related matters
that may require interagency or intergovernmental solutions;
(3) evaluate threats to coastal communities from storm and
sea level rise and define, implement, and coordinate needed
policies and programs to advance national preparedness for and
resilience to more severe storms and rising sea levels; and
(4) coordinate Federal agencies to ensure Federal
activities in ocean and coastal waters promote healthy
ecosystems for fisheries and wildlife conservation that are
resilient to the impacts of climate change and provide for
climate benefits.
SEC. 1214. BUILDING DATA SOURCES.
(a) Engaging Indigenous, Subsistence, and Fishing Communities.--
(1) In general.--The Administrator shall establish
opportunities to engage Indigenous, subsistence, and fishing
communities to understand the needs of those communities and to
provide improved products and services that are practical and
useful to those communities, including collecting and
integrating traditional ecological data and narrative records
into national and regional datasets.
(2) Data rights.--In carrying out paragraph (1), the
Administrator shall--
(A) consider issues relating to data ownership; and
(B) ensure that Indigenous, subsistence, and
fishing communities retain any specific rights or
ownership of data provided to Federal agencies.
(b) Report to Congress.--
(1) Report required.--Not later than 1 year after the date
of the enactment of this Act, the Administrator shall submit to
Congress a report identifying potential opportunities to
encourage voluntary actions and partnerships between the
National Oceanic and Atmospheric Administration and non-Federal
partners to increase and enhance data collection.
(2) Opportunities for partnership.--The opportunities
described in paragraph (1) may include opportunities that can
be pursued in conjunction with Federal permits, leases, and
other actions requiring Federal approval or funding, such as
partnering with companies to acquire and share bathymetric data
or supplying fishermen with sensors that can collect data
through fishing gear.
SEC. 1215. NATIONAL SEA LEVEL RISE RISK ANALYSIS.
(a) Purposes.--The Administrator shall establish a National Coastal
Data Information System to--
(1) combine existing observations, modeling, predictions,
products and services into an integrated framework for
producing and maintaining authoritative and timely data, maps
and information services which quantify and communicate coastal
flood risk to the States;
(2) develop and strengthen partnerships with organizations
that represent end users within coastal communities, including
other Federal agencies, to better assess information gaps and
needs relating to the risk posed by the rising sea level; and
(3) produce 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.
(b) Report.--The Administrator shall, not less than 180 days after
the date of enactment of this section and every 3 years thereafter,
provide the Committee on Natural Resources of the House of
Representatives with a report containing holistic analysis of the need
to expand observations, modeling, predictions, products and services
to--
(1) improve the understanding of changing coastal flood
risk, including the impacts of sea level rise; and
(2) track and report how observed rates of sea level rise
compare to the sea level rise predictions published within the
National Climate Assessments.
Subtitle C--Digital Coast
SEC. 1221. DEFINITIONS.
In this subtitle:
(1) Coastal region.--The term ``coastal region'' means the
area of United States waters extending inland from the
shoreline to include coastal watersheds and seaward to the
territorial sea.
(2) Coastal state.--The term ``coastal State'' has the
meaning given the term ``coastal state'' in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3) Federal geographic data committee.--The term ``Federal
Geographic Data Committee'' means the interagency committee
that promotes the coordinated development, use, sharing, and
dissemination of geospatial data on a national basis.
(4) Remote sensing and other geospatial.--The term ``remote
sensing and other geospatial'' means collecting, storing,
retrieving, or disseminating graphical or digital data
depicting natural or manmade physical features, phenomena, or
boundaries of the Earth and any information related thereto,
including surveys, maps, charts, satellite and airborne remote
sensing data, images, LiDAR, and services performed by
professionals such as surveyors, photogrammetrists,
hydrographers, geodesists, cartographers, and other such
services.
SEC. 1222. ESTABLISHMENT OF THE DIGITAL COAST.
(a) Establishment.--
(1) In general.--The Administrator shall establish a
program for the provision of an enabling platform that
integrates geospatial data, decision-support tools, training,
and best practices to address coastal management issues and
needs. Under the program, the Administrator shall strive to
enhance resilient communities, ecosystem values, and coastal
economic growth and development by helping communities address
their issues, needs, and challenges through cost-effective and
participatory solutions.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Digital Coast'' (in this section
referred to as the ``program'').
(b) Program Requirements.--In carrying out the program, the
Administrator shall ensure that the program provides data integration,
tool development, training, documentation, dissemination, and archiving
by--
(1) making data and resulting integrated products developed
under this section readily accessible via the Digital Coast
internet website of the National Oceanic and Atmospheric
Administration, the GeoPlatform.gov and data.gov internet
websites, and such other information distribution technologies
as the Administrator considers appropriate;
(2) developing decision-support tools that use and display
resulting integrated data and provide training on use of such
tools;
(3) documenting such data to Federal Geographic Data
Committee standards; and
(4) archiving all raw data acquired under this title at the
appropriate National Oceanic and Atmospheric Administration
data center or such other Federal data center as the
Administrator considers appropriate.
(c) Coordination.--The Administrator shall coordinate the
activities carried out under the program to optimize data collection,
sharing and integration, and to minimize duplication by--
(1) consulting with coastal managers and decision-makers
concerning coastal issues, and sharing information and best
practices, as the Administrator considers appropriate, with--
(A) coastal States;
(B) local and Tribal governments; and
(C) representatives of academia, the private
sector, and nongovernmental organizations;
(2) consulting with other Federal agencies, including
interagency committees, on relevant Federal activities,
including activities carried out under the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the
Integrated Coastal and Ocean Observation System Act of 2009 (33
U.S.C. 3601 et seq.), and the Hydrographic Services Improvement
Act of 1998 (33 U.S.C. 892 et seq.);
(3) participating, pursuant to section 216 of the E-
Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501
note), in the establishment of such standards and common
protocols as the Administrator considers necessary to assure
the interoperability of remote sensing and other geospatial
data with all users of such information within--
(A) the National Oceanic and Atmospheric
Administration;
(B) other Federal agencies;
(C) State, Tribal, and local governments; and
(D) the private sector;
(4) coordinating with, seeking assistance and cooperation
of, and providing liaison to the Federal Geographic Data
Committee pursuant to Office of Management and Budget Circular
A-16 and Executive Order No. 12906 of April 11, 1994 (59 Fed.
Reg. 17671), as amended by Executive Order No. 13286 of
February 28, 2003 (68 Fed. Reg. 10619); and
(5) developing and maintaining a best practices document
that sets out the best practices used by the Administrator in
carrying out the program and providing such document to the
United States Geological Survey, the Corps of Engineers, and
other relevant Federal agencies.
(d) Filling Needs and Gaps.--In carrying out the program, the
Administrator shall--
(1) maximize the use of remote sensing and other geospatial
data collection activities conducted for other purposes and
under other authorities;
(2) focus on filling data needs and gaps necessary to
improve coastal management, increase resilience, and enhance
decision making for coastal communities, including with respect
to areas that, as of the date of enactment of this Act, were
underserved by coastal data and the areas of the Arctic that
are under the jurisdiction of the United States;
(3) pursuant to the Ocean and Coastal Mapping Integration
Act (33 U.S.C. 3501 et seq.), support continued improvement in
existing efforts to coordinate the acquisition and integration
of key data sets needed for coastal management and other
purposes, including--
(A) coastal elevation data;
(B) land use and land cover data;
(C) socioeconomic and human use data;
(D) critical infrastructure data;
(E) structures data;
(F) living resources and habitat data;
(G) cadastral data; and
(H) aerial imagery; and
(4) integrate the priority supporting data set forth under
paragraph (3) with other available data for the benefit of the
broadest measure of coastal resource management constituents
and applications.
(e) Financial Agreements and Contracts.--
(1) In general.--In carrying out the program, the
Administrator--
(A) may enter into financial agreements to carry
out the program, including--
(i) support to non-Federal entities that
participate in implementing the program; and
(ii) grants, cooperative agreements,
interagency agreements, contracts, or any other
agreement on a reimbursable or non-reimbursable
basis, with other Federal, Tribal, State, and
local governmental and nongovernmental
entities; and
(B) may, to the maximum extent practicable, enter
into such contracts with private sector entities for
such products and services as the Administrator
determines may be necessary to collect, process, and
provide remote sensing and other geospatial data and
products for purposes of the program.
(2) Fees.--
(A) Assessment and collection.--The Administrator
may assess and collect fees to conduct any planned
training, workshop, or conference that advances the
purposes of the program.
(B) Amounts.--The amount of a fee under this
paragraph may not exceed the sum of costs incurred, or
expected to be incurred, by the Administrator as a
direct result of the conduct of the training, workshop,
or conference, including for subsistence expenses
incidental to the training, workshop, or conference, as
applicable.
(C) Use of fees.--Amounts collected by the
Administrator in the form of fees under this paragraph
may be used to pay for--
(i) the costs incurred for conducting an
activity described in subparagraph (A); or
(ii) the expenses described in subparagraph
(B).
(3) Survey and mapping.--Contracts entered into under
paragraph (1)(B) shall be considered ``surveying and mapping''
services as such term is used in and as such contracts are
awarded by the Administrator in accordance with the selection
procedures in chapter 11 of title 40, United States Code.
(f) Ocean Economy.--The Administrator may establish publicly
available tools that track ocean and Great Lakes economy data for each
coastal State.
Subtitle D--Integrated Coastal and Ocean Observation System
SEC. 1241. STAGGERED TERMS FOR NATIONAL INTEGRATED COASTAL AND OCEAN
OBSERVATION SYSTEM ADVISORY COMMITTEE.
Section 12304(d)(3)(B) of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3603(d)(3)(B)) is amended--
(1) by striking ``Members'' and inserting the following:
``(i) In general.--Except as provided in
clause (ii), members''; and
(2) by adding at the end the following:
``(ii) Staggered terms.--The Administrator
may appoint or reappoint a member for a partial
term of 1 or 2 years in order to establish a
system of staggered terms. The Administrator
may appoint or reappoint a member under this
clause only once. A member appointed or
reappointed to a partial term under this clause
may not serve more than 1 full term.''.
SEC. 1242. INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM COOPERATIVE
AGREEMENTS.
Section 12305(a) of the Integrated Coastal and Ocean Observation
System Act of 2009 (33 U.S.C. 3604(a)) is amended by inserting
``disburse appropriated funds to,'' after ``agreements, with,''.
SEC. 1243. REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION
SYSTEM ACT OF 2009.
Section 12311 of the Integrated Coastal and Ocean Observation
System Act of 2009 (33 U.S.C. 3610) is amended by striking ``for fiscal
years 2009 through 2013 such sums as are necessary'' and inserting
``$47,500,000 for each of fiscal years 2021 through 2025''.
SEC. 1244. ADVANCED RESEARCH PROJECTS AGENCY-OCEANS.
(a) Agreement.--Not later than 45 days after the date of the
enactment of this section, the Administrator shall seek to enter into
an agreement with the National Academy of Sciences to conduct the
comprehensive assessment under subsection (b).
(b) Comprehensive Assessment.--
(1) In general.--Under an agreement between the
Administrator and the National Academy of Sciences under this
section, the National Academy of Sciences shall conduct a
comprehensive assessment of the need for and feasibility of
establishing an Advanced Research Projects Agency-Oceans (ARPA-
O).
(2) Elements.--The comprehensive assessment carried out
pursuant to paragraph (1) shall include--
(A) an assessment of how an ARPA-O could help
overcome the long-term and high-risk technological
barriers in the development of ocean technologies, with
the goal of enhancing the economic, ecological, and
national security of the United States through the
rapid development of technologies that result in--
(i) improved data collection, monitoring,
and prediction of the ocean environment,
including sea ice conditions;
(ii) overcoming barriers to the application
of new and improved technologies, such as high
costs and scale of operational missions;
(iii) improved management practices for
protecting ecological sustainability;
(iv) improved national security capacity;
(v) improved technology for fishery
population assessments;
(vi) expedited processes between and among
Federal agencies to successfully identify,
transition, and coordinate research and
development output to operations, applications,
commercialization, and other uses; and
(vii) ensuring that the United States
maintains a technological lead in developing
and deploying advanced ocean technologies;
(B) an evaluation of the organizational structures
under which an ARPA-O could be organized, which takes
into account--
(i) best practices for new research
programs;
(ii) metrics and approaches for periodic
program evaluation;
(iii) capacity to fund and manage external
research awards; and
(iv) options for oversight of the activity
through a Federal agency, an interagency
organization, nongovernmental organization, or
other institutional arrangement; and
(C) an estimation of the scale of investment
necessary to pursue high priority ocean technology
projects.
(c) Report.--Not later than 18 months after the date of enactment
of this section, the Administrator shall submit to Congress a report on
the comprehensive assessment conducted under subsection (b).
Subtitle E--Centralized Website for Resiliency Grants
SEC. 1251. CENTRALIZED WEBSITE FOR RESILIENCY GRANTS.
(a) Centralized Website.--Not later than 6 months after the date of
enactment of this subsection, the Administrator shall maintain a
publicly available website that includes--
(1) hyperlinks to all grants 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 of the resiliency,
adaptation, and mitigation grants.
TITLE XIII--WETLANDS
Subtitle A--Coastal Wetlands
SEC. 1301. DEFINITIONS.
In this subtitle:
(1) Coastal wetland.--The term ``coastal wetland'' means
estuarine vegetated coastal habitat, including salt marsh,
seagrass, mangrove, and other vegetated marine habitats.
(2) 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).
(3) Natural infrastructure.--The term ``natural
infrastructure'' means infrastructure that--
(A) uses, restores, or emulates natural ecological
processes; and
(B)(i) is created through the action of natural
physical, geological, biological, and chemical
processes over time;
(ii) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
(iii) involves the use of plants, soils, and other
natural features, including through the creation,
restoration, or preservation of vegetated areas using
materials appropriate to the region to manage
stormwater and runoff, to attenuate flooding and storm
surges, and for other related purposes.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(5) Program.--The term ``Program'' means the Coastal and
Estuary Resilience Grant Program as established by section
1302.
(6) Restoration.--The term ``restoration'' means renewing,
enhancing, or replacing degraded, damaged, vulnerable, or
destroyed wetlands to improve the long-term ecosystem function
and resilience through active human intervention and action,
such as--
(A) improving hydrological conditions (such as by
removing tidal barriers, improving connectivity, or
changing water levels);
(B) altering sediment supply (such as through the
beneficial use of dredge material, thin-layer spraying,
or reconnecting river sediment);
(C) changing salinity characteristics;
(D) improving water quality (such as by reducing
excess nutrients, sedimentation, or contaminants);
(E) planting of native plants, removal of invasive
species, and other improved management practices;
(F) controlling erosion of wetland edges; and
(G) enabling future inland migration as sea levels
rise, including through the enhancement of adjacent
fresh-water wetlands.
SEC. 1302. COASTAL AND ESTUARY RESILIENCE GRANT PROGRAM.
(a) Establishment.--The Administrator shall establish a program, to
be known as the ``Coastal and Estuary Resilience Grant Program'', under
which the Secretary awards grants to entities that are eligible under
subsection (b) to fund coastal wetland restoration and natural
infrastructure projects that are eligible under subsection (c).
(b) Eligible Entities.--An entity is eligible to apply for a grant
under the Program if the entity is an institution of higher education,
a nonprofit organization, a State or local government, or an Indian
Tribe.
(c) Eligible Projects.--A project is eligible for a grant under the
Program if the project is designed to--
(1) reduce net greenhouse gases through--
(A) the long-term sequestration of additional
carbon dioxide through--
(i) the active restoration of degraded
coastal wetland; and
(ii) the protection of threatened coastal
wetland;
(B) the halting of ongoing carbon dioxide
emissions, and the resumption of the natural rate of
carbon capture, through the restoration of drained
coastal wetland; or
(C) 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''); or
(2) provide for ecosystem adaptation to the effects of sea
level rise and other climate effects through--
(A) facilitating landward migration of wetlands in
response to rising sea levels; or
(B) enhancing ecosystem resilience to flooding,
ocean acidification, or coastal storms.
(d) Grant Evaluation Criteria.--In reviewing applications for
grants under the Program, the Administrator shall give priority to
projects that exhibit the highest potential to--
(1) mitigate greenhouse gas emissions long-term by--
(A) reducing greenhouse gas emissions; or
(B) capturing and storing greenhouse gases;
(2) reinforce ecosystem resilience and adaptation by--
(A) preparing for sea level rise in order to reduce
vulnerability to sea level rise and erosion;
(B) supporting resilience against flooding and sea
level rise; or
(C) restoring or enhancing ecosystem function; or
(3) provide economic and social co-benefits by--
(A) reducing the potential impact and damage of
storms on the built environment;
(B) advancing environmental justice by reducing the
disproportionate impacts of environmental hazards on
communities of color, Indigenous communities, and low-
income communities;
(C) providing jobs in coastal communities;
(D) prioritizing natural infrastructure;
(E) incorporating collaborative partnerships; or
(F) involving local communities in project planning
and implementation.
(e) Eligible Costs.--A grant awarded under the Program shall be
available for all phases of the development, implementation, and
monitoring of projects that are eligible under subsection (c),
including--
(1) preliminary community engagement, planning, and
prioritization;
(2) preliminary design and site assessment, including--
(A) assessments of feasibility;
(B) planning; and
(C) community engagement;
(3) final design and permitting;
(4) restoration and project implementation; and
(5) monitoring, reporting, and stewardship.
(f) Reporting.--
(1) In general.--An entity that receives a grant under the
Program for a project shall--
(A) collect data on the development and
implementation of the project and stewardship following
completion of the project; and
(B) submit that data to the Administrator for
inclusion in the database required by section 1303(a).
(2) Report after project completion.--Not later than 1 year
after the completion of a project for which a grant is provided
under the Program, the entity that received the grant shall
submit to the Administrator a report on the outputs, outcomes,
and impacts of the project, including with respect to--
(A) the amount of area restored;
(B) the estimated net climate benefit;
(C) benefits to nearby communities; and
(D) involvement of partners and communities.
(g) Monitoring.--The Administrator shall establish guidelines
providing for monitoring a project for which a grant is provided under
the Program for the 10-year period after the grant is awarded.
(h) Role of National Fish and Wildlife Foundation.--In carrying out
the Program, the Administrator may consult, partner, or otherwise
coordinate with the National Fish and Wildlife Foundation established
by section 2(a) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701(a)).
SEC. 1303. DATA COLLECTION.
(a) Database.--
(1) In general.--The Administrator shall maintain a coastal
wetland restoration database to collect information about
projects that receive grants under the Program.
(2) Design.--The Administrator shall design the database
required by paragraph (1) to collect performance metrics on the
development and implementation of projects that receive grants
under the Program and stewardship following completion of such
projects to evaluate the success of those projects and inform
the design of future projects in an adaptive manner.
(3) Included metrics.--The database required by paragraph
(1) shall include standardized metrics for reporting such as--
(A) acres restored, protected, or created;
(B) habitat type;
(C) restoration technique;
(D) estimated net greenhouse gas reduction effect;
(E) jobs created;
(F) quantified ecosystem services;
(G) the economic benefits of wetlands; and
(H) other metrics selected by the Administrator.
(4) Public availability.--The Administrator shall make
products of the database publicly available and disseminate
important findings to the public.
(b) Inventory of Coastal Wetland.--The Administrator shall compile
an inventory of coastal wetland.
SEC. 1304. OUTREACH AND TECHNICAL ASSISTANCE.
The Administrator shall establish a technical assistance program to
help entities outside of the National Oceanic and Atmospheric
Administration in all phases of coastal wetland restoration project
work, including outreach to potential applicants for grants under
section 1302.
SEC. 1305. ANNUAL RESTORATION AND FUNDING.
(a) Acreage Requirements.--To the maximum extent practicable, the
Secretary of Commerce shall award grants under the Program to conduct
coastal wetland restoration on 1,500,000 acres over 10 years.
(b) Funding.--For each of fiscal years 2021-2025, there is
authorized to be appropriated $200,000,000 to remain available until
expended for the Administrator to carry out this subtitle.
SEC. 1306. PREVAILING WAGE REQUIREMENT.
Any contractor or subcontractor entering into a service contract in
connection with a project under the Program shall--
(1) be treated as a Federal contractor or subcontractor for
purposes of chapter 67 of title 41, United States Code
(commonly known as the ``McNamara-O'Hara Service Contract Act
of 1965''); and
(2) pay each class of employee employed by the contractor
or subcontractor wages and fringe benefits at rates in
accordance with prevailing rates for the class in the locality,
or, where a collective-bargaining agreement covers the
employee, in accordance with the rates provided for in the
agreement, including prospective wage increases provided for in
the agreement.
SEC. 1307. DEPARTMENT OF THE INTERIOR COASTAL WETLAND RESTORATION;
FUNDING.
(a) In General.--The Secretary of the Interior shall conduct
coastal wetland restoration on land managed by the Director of the
United States Fish and Wildlife Service or the Director of the National
Park Service to achieve at least 1 of the following:
(1) The sequestration of additional carbon dioxide
through--
(A) the active restoration of degraded coastal
wetland; and
(B) the protection of threatened coastal wetland.
(2) The halting of ongoing carbon dioxide emissions, and
the resumption of the natural rate of carbon capture, through
the restoration of drained coastal wetland.
(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.--
(1) In general.--For each fiscal year, there is authorized
to be appropriated--
(A) for coastal wetland restoration on land managed
by the Director of the United States Fish and Wildlife
Service $200,000,000; and
(B) for coastal wetland restoration on land managed
by the Director of the National Park Service
$200,000,000.
(2) Receipt and acceptance.--The Secretary of the Interior
shall be entitled to receive, shall accept, and shall use to
carry out this section in accordance with paragraph (1) the
funds transferred under that paragraph, without further
appropriation.
TITLE XIV--MEASURES TO ADDRESS GREENHOUSE GAS POLLUTION FROM SHIPPING
VESSELS
SEC. 1401. 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 CO2 emitted by the vessel inside the United
States exclusive economic zone.
(2) Average CO2 emissions per transport work, defined as
gCO2/tonne-nautical mile, and average CO2 emissions per
distance, defined as gCO2/nautical-mile.
(c) Acceptable Methods for Measuring, Monitoring, and Reporting.--
(1) The Secretary shall develop a list of acceptable
methods for measuring, monitoring, and reporting metrics listed
in subsection (b).
(2) The Secretary, 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) 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 CO2 emissions measurements.
(d) Annual Report by Secretary.--The Secretary shall publish an
annual report on emissions from vessels covered under this section,
accompanied by an explanation intended to facilitate public
understanding of the vessel shipping sector's CO2 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 CO2
emissions.
SEC. 1402. 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) Underwater noise generated by vessels has increased
significantly since 1950, 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) In General.--Not later than 12 months after the date of
enactment of this Act, the Administrator 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 compliance 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, except for areas specified in section 802 of
this Act.
(2) Fleet requirement.--At least 75 percent of eligible
vessels owned by a shipping company must 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 meaningful
consultation with the Commandant of the Coast Guard, shipping
companies, and experts in air quality and marine mammal
conservation, prescribe maximum speeds by engine tier 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 emissions from shipping
vessels;
(B) protect marine life; and
(C) reduce ocean noise.
(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 shall annually
award Quiet Seas and Clear Skies Excellence Awards to shipping
companies whose 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 navigation 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.--To carry out this section
there is authorized to be appropriated to the Administrator to carry
out this section $4,000,000 for each of fiscal years 2021 through 2025.
TITLE XV--STUDIES AND REPORTS
SEC. 1501. DEEP SEA MINING.
Not later than 90 days after the date of enactment of this Act, the
Administrator shall seek to enter into an agreement with the National
Academies to conduct a comprehensive assessment and approximate
quantification of the greenhouse gas emissions associated with deep
seabed mining, including emissions possible from the release of
greenhouse gases sequestered in the seabed.
SEC. 1502. 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 in the
deep seafloor environment, including current and potential
natural long-term carbon storage, identification of gaps in
scientific understanding regarding such geologic 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.
SEC. 1503. OCEAN CLIMATE IMPACTS AND ACTION REPORT.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the National Oceanic and Atmospheric
Administration, in coordination with all other relevant agencies, shall
submit to Congress a report on the impacts of climate change on the
ocean and on coastal ecosystems and the steps the United States is
taking to minimize such impacts. Such report shall include consolidated
data from all line offices in the National Oceanic and Atmospheric
Administration, and from other relevant Federal agencies and sources.
(b) Impacts.--The report required by subsection (a) shall include
baseline information as well as trends, in a format that can be
compared from year to year, on ocean and coastal impacts including--
(1) changes and the rate of change of pH levels and acidity
in the coastal and ocean waters of the United States;
(2) average sea surface temperatures in the United States
exclusive economic zone;
(3) average sea floor temperatures in the United States
exclusive economic zone;
(4) average sea level rise;
(5) number and duration of marine heat waves occurring in
the United States exclusive economic zone;
(6) number, duration, location, and the attributable cause
of harmful algal blooms occurring in the coastal and ocean
waters of the United States;
(7) number, duration, size and location of hypoxic zones
occurring in the coastal and ocean waters of the United States;
(8) number and location of coral bleaching events in the
United States exclusive economic zone;
(9) estimates of coral cover loss in the United States
exclusive economic zone;
(10) number, location, and severity of hurricanes impacting
the United States;
(11) number, location, and duration of coastal flooding
events;
(12) changes in coastal land cover and other ecosystem
changes as a result of inundation, erosion, storms, and sea
level rise; and
(13) changes in marine species abundance and distribution
as a result of ocean warming, acidification, and other impacts
of climate change.
SEC. 1504. REPORT ON THE ECOLOGICAL AND ECONOMIC EFFECTS OF HIGH SEAS
FISHING IN THE OCEAN AREAS BEYOND NATIONAL JURISDICTION
(``ABNJ'').
(a) In General.--Not later than 1 year after the date of 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;
(3) estimate the scope and volume of illegal, unregulated,
and unreported (IUU) 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 IUU fishing; and
(5) evaluate the greenhouse gas emissions associated with
the 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 non-target species,
including marketable and non-marketable bycatch, forage
species, corals, other invertebrates, marine mammals,
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
and profits for developing nations;
(F) effects on seafood availability for United
States consumers;
(G) effects on revenues and profits for domestic
fishermen; and
(H) effects on the scope and volume of IUU fishing
occurring on the high seas.
(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 2 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 Secretary of commerce shall
publish the report received under paragraph (1) on a public
website.
SEC. 1505. NATIONAL ACADEMIES ASSESSMENT OF PUBLIC ACCESS TO THE
COASTS.
Not later than 90 days after the date of 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 affordability of public access to the
coasts for both recreational and commercial activities.
SEC. 1506. STUDY EXAMINING THE IMPACT OF OCEAN ACIDIFICATION AND OTHER
ENVIRONMENTAL STRESSORS ON ESTUARINE ENVIRONMENTS.
(a) In General.--Not later than 90 days after the date of 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 ocean acidification in
coastal environments;
(2) examines the challenges to studying ocean acidification
and the combined effect of ocean acidification and other
environment stressors in coastal environments;
(3) provides recommendations for improving future research
with respect to ocean acidification in coastal environments;
and
(4) identifies pathways for applying science in management
and mitigation decisions relating to ocean acidification in
coastal environments.
(b) Contents of Study.--The study conducted under subsection (a)
shall include--
(1) the behavior of the carbonate system within coastal
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 abiotic and biotic 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
abiotic and biotic parameters in coastal ecosystems;
(6) the gaps that exist in understanding the socio-economic
and health impacts of ocean 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 24 months after the date of enactment
of this Act, in entering into an arrangement under subsection (a), the
Secretary shall request that the National Academies submit to Congress
a report detailing the findings of the study.
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