[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1730 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 631
116th CONGRESS
  2d Session
                                S. 1730

                          [Report No. 116-327]

  To direct the Administrator of the National Oceanic and Atmospheric 
   Administration to make grants to State and local governments and 
  nongovernmental organizations for purposes of carrying out climate-
resilient living shoreline projects that protect coastal communities by 
  supporting ecosystem functions and habitats with the use of natural 
             materials and systems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2019

Ms. Harris (for herself, Mr. Murphy, Mr. Blumenthal, Mr. Menendez, Mr. 
Wyden, Mr. Booker, Mr. Merkley, Mrs. Feinstein, Mr. Carper, Mr. Markey, 
 and Ms. Baldwin) introduced the following bill; which was read twice 
 and referred to the Committee on Commerce, Science, and Transportation

                           December 15, 2020

               Reported by Mr. Wicker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To direct the Administrator of the National Oceanic and Atmospheric 
   Administration to make grants to State and local governments and 
  nongovernmental organizations for purposes of carrying out climate-
resilient living shoreline projects that protect coastal communities by 
  supporting ecosystem functions and habitats with the use of natural 
             materials and systems, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Living Shorelines Act of 
2019''.</DELETED>

<DELETED>SEC. 2. LIVING SHORELINE GRANT PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--The Administrator shall make grants to 
eligible entities for purposes of--</DELETED>
        <DELETED>    (1) designing and implementing large- and small-
        scale, climate-resilient living shoreline projects; 
        and</DELETED>
        <DELETED>    (2) applying innovative uses of natural materials 
        and systems to protect coastal communities, habitats, and 
        natural system functions.</DELETED>
<DELETED>    (b) Project Proposals.--To be eligible to receive a grant 
under this section, an eligible entity shall--</DELETED>
        <DELETED>    (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; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Project Selection.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Considerations.--In developing criteria under 
        paragraph (1) to evaluate a proposed living shoreline project, 
        the Administrator shall take into account--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the historic and future environmental 
                conditions of the project site, particularly those 
                environmental conditions affected by climate 
                change;</DELETED>
                <DELETED>    (C) the ecological benefits of the 
                project; and</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) mitigating the effects of 
                        erosion;</DELETED>
                        <DELETED>    (ii) attenuating the impact of 
                        coastal storms and storm surge;</DELETED>
                        <DELETED>    (iii) mitigating shoreline 
                        flooding;</DELETED>
                        <DELETED>    (iv) mitigating the effects of sea 
                        level rise and extreme tides;</DELETED>
                        <DELETED>    (v) sustaining, protecting, or 
                        restoring the functions and habitats of coastal 
                        ecosystems; or</DELETED>
                        <DELETED>    (vi) such other forms of coastal 
                        protection as the Administrator considers 
                        appropriate.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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; 
                or</DELETED>
                <DELETED>    (B) that has a documented history of 
                coastal erosion or frequent coastal inundation during 
                that 10-year period.</DELETED>
        <DELETED>    (4) Minimum standards.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the considerations described 
                        in paragraph (2); and</DELETED>
                        <DELETED>    (ii) the need for such standards 
                        to be general enough to accommodate concerns 
                        relating to specific project sites.</DELETED>
                <DELETED>    (B) Consultations.--in developing 
                standards under subparagraph (A), the Administrator--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) may consult with--</DELETED>
                                <DELETED>    (I) relevant interagency 
                                councils, such as the Estuary Habitat 
                                Restoration Council;</DELETED>
                                <DELETED>    (II) State coastal 
                                management agencies; and</DELETED>
                                <DELETED>    (III) relevant 
                                nongovernmental 
                                organizations.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) to carry out the project, including 
        administration, design, permitting, entry into negotiated 
        indirect cost rate agreements, and construction; and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (e) Cost-Sharing.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the eligible entity submits to the 
                Administrator in writing--</DELETED>
                        <DELETED>    (i) a request for such a reduction 
                        and the amount of the reduction; and</DELETED>
                        <DELETED>    (ii) a justification for why the 
                        entity cannot meet the matching requirement; 
                        and</DELETED>
                <DELETED>    (B) the Administrator agrees with the 
                justification.</DELETED>
<DELETED>    (f) Monitoring and Reporting.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) to transmit to the Administrator data 
                collected under the project;</DELETED>
                <DELETED>    (B) to monitor the project and to collect 
                data on--</DELETED>
                        <DELETED>    (i) the ecological benefits of the 
                        project and the protection provided by the 
                        project for the coastal community where the 
                        project is carried out, including through--
                        </DELETED>
                                <DELETED>    (I) mitigating the effects 
                                of erosion;</DELETED>
                                <DELETED>    (II) attenuating the 
                                impact of coastal storms and storm 
                                surge;</DELETED>
                                <DELETED>    (III) mitigating shoreline 
                                flooding;</DELETED>
                                <DELETED>    (IV) mitigating the 
                                effects of sea level rise and extreme 
                                tides;</DELETED>
                                <DELETED>    (V) sustaining, 
                                protecting, or restoring the functions 
                                and habitats of coastal ecosystems; 
                                or</DELETED>
                                <DELETED>    (VI) such other forms of 
                                coastal protection as the Administrator 
                                considers appropriate; and</DELETED>
                        <DELETED>    (ii) the performance of the 
                        project in providing such protection;</DELETED>
                <DELETED>    (C) to make data collected under the 
                project available on a publicly accessible internet 
                website of the National Oceanic and Atmospheric 
                Administration; and</DELETED>
                <DELETED>    (D) not later than one year after the 
                entity receives the grant, and annually thereafter 
                until the completion of the project, to submit to the 
                Administrator a report on--</DELETED>
                        <DELETED>    (i) the measures described in 
                        subparagraph (B); and</DELETED>
                        <DELETED>    (ii) the effectiveness of the 
                        project in increasing protection of the coastal 
                        community where the project is carried out 
                        through living shorelines techniques, 
                        including--</DELETED>
                                <DELETED>    (I) a description of--
                                </DELETED>
                                        <DELETED>    (aa) the 
                                        project;</DELETED>
                                        <DELETED>    (bb) the 
                                        activities carried out under 
                                        the project; and</DELETED>
                                        <DELETED>    (cc) the 
                                        techniques and materials used 
                                        in carrying out the project; 
                                        and</DELETED>
                                <DELETED>    (II) data on the 
                                performance of the project in providing 
                                protection to that coastal 
                                community.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Standards.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (g) Authorization of Appropriations.--There are authorized 
to be appropriated $50,000,000 to the Administrator for each of fiscal 
years 2020 through 2025 for purposes of carrying out this 
section.</DELETED>
<DELETED>    (h) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the National Oceanic and Atmospheric 
        Administration.</DELETED>
        <DELETED>    (2) Eligible entity.--The term ``eligible entity'' 
        means any of the following:</DELETED>
                <DELETED>    (A) A unit of a State or local 
                government.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) An Indian Tribe (as defined in section 
                4 of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 5304)).</DELETED>
        <DELETED>    (3) Living shoreline project.--The term ``living 
        shoreline project''--</DELETED>
                <DELETED>    (A) means a project that--</DELETED>
                        <DELETED>    (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 supporting coastal 
                        ecosystems and habitats;</DELETED>
                        <DELETED>    (ii) incorporates as many natural 
                        elements as possible, such as native wetlands, 
                        submerged aquatic plants, oyster shells, native 
                        grasses, shrubs, or trees;</DELETED>
                        <DELETED>    (iii) utilizes techniques that 
                        incorporate ecological and coastal engineering 
                        principles in shoreline stabilization; 
                        and</DELETED>
                        <DELETED>    (iv) to the extent possible, 
                        maintains or restores existing natural slopes 
                        and connections between uplands and adjacent 
                        wetlands or surface waters;</DELETED>
                <DELETED>    (B) may include the use of--</DELETED>
                        <DELETED>    (i) natural elements, such as 
                        sand, wetland plants, logs, oysters or other 
                        shellfish, submerged aquatic vegetation, native 
                        grasses, shrubs, trees, or coir fiber 
                        logs;</DELETED>
                        <DELETED>    (ii) project elements that provide 
                        ecological benefits to coastal ecosystems and 
                        habitats in addition to shoreline protection; 
                        and</DELETED>
                        <DELETED>    (iii) structural materials, such 
                        as stone, concrete, wood, vinyl, oyster domes, 
                        or other approved engineered structures in 
                        combination with natural materials; 
                        and</DELETED>
                <DELETED>    (C) may include a project that expands 
                upon or restores natural living shorelines or existing 
                living shoreline projects.</DELETED>
        <DELETED>    (4) 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Living Shorelines Act of 2020''.

SEC. 2. MODIFICATIONS TO NATIONAL SEA GRANT COLLEGE PROGRAM.

    (a) Findings.--Section 202(a) of the National Sea Grant College 
Program Act (33 U.S.C. 1121(a)) is amended by inserting ``resilience,'' 
after ``utilization,'' each place such term appears.
    (b) Objective.--Section 202(b) of such Act (33 U.S.C. 1121(b)) is 
amended by inserting ``resilience,'' after ``utilization,''.
    (c) Definitions.--Section 203(4) of such Act (33 U.S.C. 1122(4)) is 
amended by inserting ``resilience,'' after ``utilization,''.
    (d) Duties of Advisory Board.--Section 209(b)(1)(A) of such Act (33 
U.S.C. 1128(b)(1)(A)) is amended by inserting ``resilience,'' after 
``utilization,''.
    (e) Membership.--Section 209(c)(1) of such Act (33 U.S.C. 
1128(c)(1)) is amended in the fourth sentence by inserting 
``resilience,'' after ``utilization,''.
    (f) Authorization of Appropriations.--Section 212(a) of such Act 
(33 U.S.C. 1131(a)) is amended by adding at the end the following:
            ``(3) Coastal hazard reduction activities for fiscal years 
        2021 through 2024.--In addition to other amounts authorized to 
        be appropriated to carry out this title, there are authorized 
        to be appropriated $25,000,000 for each of fiscal years 2021 
        through 2024 for competitive grants for cooperative research, 
        implementation, and extension regarding natural, nature-based, 
        and restoration approaches to increasing the resilience of 
        shorelines.''.

SEC. 3. MODIFICATIONS TO RESOURCE MANAGEMENT IMPROVEMENT GRANTS TO 
              COASTAL STATES.

    (a) Objectives for Resource Management Improvement Grants.--Section 
306A(b) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a(b)) 
is amended by adding at the end the following:
            ``(5) The design and implementation of climate-resilient 
        living shoreline projects and the application of innovative 
        uses of natural materials and systems to protect coastal 
        communities, habitats, and natural system functions.''.
    (b) Reduced Matching Requirement for Certain Coastal States.--
Section 306A(d) of such Act (16 U.S.C. 1455a(d)) is amended by adding 
at the end the following:
    ``(4) The Secretary may reduce or waive the matching requirement 
under paragraph (1) for an eligible coastal state if--
            ``(A) the eligible coastal state submits to the Secretary 
        in writing--
                    ``(i) a request for such a reduction or waiver and, 
                in the case of a request for a reduction, the amount of 
                the reduction; and
                    ``(ii) a justification for why the state cannot 
                meet the matching requirement; and
            ``(B) the Secretary agrees with the justification.''.
    (c) Monitoring and Reporting on Performance.--Section 306A of such 
Act (16 U.S.C. 1455a) is amended by adding at the end the following:
    ``(g) The Secretary shall require each eligible coastal state (or a 
representative of the state) receiving a grant under subsection (b)(5) 
to carry out a living shoreline project--
            ``(1) to monitor and collect data on--
                    ``(A) the benefits of the project to the coastal 
                community in which the project is carried out, 
                including--
                            ``(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 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 Secretary considers 
                        appropriate; and
                    ``(B) the performance of the project in providing 
                such benefits;
            ``(2) to make data collected under the project available on 
        a publicly accessible internet website of the National Oceanic 
        and Atmospheric Administration; and
            ``(3) not later than one year after the eligible coastal 
        state receives the grant, and annually thereafter until 
        completion of the project, to submit to the Secretary a report 
        including--
                    ``(A) the data described in paragraph (1);
                    ``(B) an assessment of the ultimate effectiveness 
                of the project in increasing coastal protection in the 
                coastal community in which the project is carried out, 
                including a description of--
                            ``(i) the project;
                            ``(ii) the activities carried out under the 
                        project; and
                            ``(iii) the techniques and materials used 
                        in carrying out the project; and
                    ``(C) a detailed description of any deficiencies or 
                failures of the project to perform as originally 
                intended.
    ``(h) In making eligibility determinations for grants under 
subsection (b)(5), the Secretary shall take into account the successes 
or failures of each grantee demonstrated by the compliance of the 
grantee with the requirements under subsection (g).''.
    (d) Authorization of Appropriations.--Section 318(a) of such Act 
(16 U.S.C. 1464(a)) is amended--
            (1) in paragraph (1)(C), by striking ``and'' at the end;
            (2) in paragraph (2)(C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) for grants under section 306A(b)(5), $25,000,000 for 
        each of fiscal years 2021 through 2024.''.
                                                       Calendar No. 631

116th CONGRESS

  2d Session

                                S. 1730

                          [Report No. 116-327]

_______________________________________________________________________

                                 A BILL

  To direct the Administrator of the National Oceanic and Atmospheric 
   Administration to make grants to State and local governments and 
  nongovernmental organizations for purposes of carrying out climate-
resilient living shoreline projects that protect coastal communities by 
  supporting ecosystem functions and habitats with the use of natural 
             materials and systems, and for other purposes.

_______________________________________________________________________

                           December 15, 2020

                       Reported with an amendment