[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2633 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2633

 To require the Administrator of the National Oceanic and Atmospheric 
  Administration to award grants to certain entities for purposes of 
 carrying out climate-resilient living shoreline projects that protect 
              coastal communities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2021

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

_______________________________________________________________________

                                 A BILL


 
 To require the Administrator of the National Oceanic and Atmospheric 
  Administration to award grants to certain entities for purposes of 
 carrying out climate-resilient living shoreline projects that protect 
              coastal communities, 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. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Nature-based infrastructure.--The term ``nature-based 
        infrastructure'' means a feature that is created by human 
        design, engineering, and construction to provide risk reduction 
        in coastal areas by acting in conjunction with natural 
        processes.
            (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.

SEC. 2. LIVING SHORELINE GRANT PROGRAM.

    (a) Establishment.--The Administrator shall award 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) Eligible Entities.--For purposes of this section, an eligible 
entity is any of the following:
            (1) A unit of a State or local government.
            (2) 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.
            (3) An Indian Tribe.
    (c) Living Shoreline Projects.--
            (1) In general.--For purposes of this section, a living 
        shoreline project is a coastal natural infrastructure project 
        that--
                    (A) restores or stabilizes a shoreline using 
                predominately natural materials 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 and 
                climate benefit to ecosystems and habitats;
                    (B) to the extent possible, maintains or restores 
                existing natural slopes and connections between uplands 
                and adjacent wetlands or surface waters;
                    (C) as necessary, can retrofit hardened structures 
                or surfaces to create blended projects that combine 
                living shoreline elements with hardened techniques; and
                    (D) meets such minimum standards as the 
                Administrator shall develop.
            (2) Minimum standards.--
                    (A) In general.--In developing minimum standards 
                applicable to living shoreline projects under paragraph 
                (1)(D), the Administrator shall take into account--
                            (i) the considerations described in 
                        subsection (e)(2); and
                            (ii) the need for the standards to be 
                        general enough to accommodate concerns related 
                        to specific project sites.
                    (B) Consultation; input.--In developing minimum 
                standards applicable to living shoreline projects under 
                (1)(D), the Administrator may--
                            (i) consult with--
                                    (I) State coastal management 
                                agencies;
                                    (II) Indian Tribes and Tribal 
                                organizations; and
                                    (III) relevant interagency 
                                councils, such as the Estuary Habitat 
                                Restoration Council; and
                            (ii) seek input from relevant 
                        nongovernmental organizations.
    (d) Project Proposals.--To be eligible to receive a grant under 
this section, an eligible entity shall submit to the Administrator a 
proposal for a living shoreline project that includes--
            (1) monitoring, data collection, and measurable performance 
        criteria with respect to the project; and
            (2) an engagement or education component that seeks and 
        solicits feedback from the local or regional community most 
        directly affected by the proposal.
    (e) Selection.--
            (1) In general.--The Administrator shall select eligible 
        entities to receive grants under this section to carry out 
        living shoreline projects based on criteria developed by the 
        Administrator.
            (2) Considerations.--In developing criteria under paragraph 
        (1), the Administrator shall take into account--
                    (A) the potential of the project proposed by the 
                eligible entity 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 and storage;
                    (D) the ability of the entity proposing the project 
                to demonstrate the potential of the project to protect 
                the coastal community where the project is to be 
                carried out, including through--
                            (i) 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;
                            (vii) protecting low-income communities, 
                        communities of color, Tribal communities, 
                        Indigenous communities, and rural communities;
                            (viii) sustaining, protecting, or restoring 
                        the functions and habitats of marine protected 
                        areas; or
                            (ix) such other forms of protection as the 
                        Administrator considers appropriate; and
                    (E) the potential of the project to support climate 
                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).
    (f) 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 the standards developed by the Administration under 
        subsection (c)(1)(D); or
            (3) to incentivize landowners to engage in living shoreline 
        projects.
    (g) Monitoring and Reporting.--
            (1) In general.--The Administrator shall require each 
        eligible entity that receives a grant under this section to 
        carry out a living shoreline project (or a representative of 
        the entity)--
                    (A) to monitor the project and to collect data on--
                            (i) the ecological, climate, and economic 
                        benefits of the project; and
                            (ii) the protection provided by the project 
                        for the coastal community where the project is 
                        carried out;
                    (B) to transmit to the Administrator data collected 
                under the project;
                    (C) to make data collected under the project 
                available on a publicly accessible internet website of 
                the National Oceanic and Atmospheric Administration; 
                and
                    (D) upon the completion of the project, to submit 
                to the Administrator a report on--
                            (i) the monitoring and data collection 
                        activities carried out under subparagraph (A); 
                        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.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $50,000,000 for each of fiscal years 
2022 through 2026 for purposes of carrying out this section.

SEC. 3. LIVING SHORELINE AND NATURE-BASED INFRASTRUCTURE RESEARCH 
              PROGRAM.

    (a) Establishment.--The Administrator shall award, on a competitive 
basis, research grants to eligible entities to carry out projects 
focused on developing and assessing the effectiveness of innovative 
approaches to nature-based infrastructure for the purposes of--
            (1) preparing more climate-resilient, sustainable cities 
        and climate-resilient communities;
            (2) reducing the costs associated with climate-related 
        disasters, the degradation of built infrastructure, and human 
        relocation; and
            (3) accomplishing improved climate resilience while 
        maintaining ecosystem functions and habitats to the greatest 
        extent possible.
    (b) Eligible Entities.--For purposes of this section, an eligible 
entity is any of the following:
            (1) An institution of higher education.
            (2) A nonprofit organization.
            (3) A State, local, or Tribal government.
            (4) A for-profit organization.
            (5) A United States territory.
            (6) A Federal agency that is authorized by statute to 
        receive transfers of funds.
    (c) Research Priorities.--The Administrator shall award grants to 
eligible entities for projects that focus on one or more of the 
following:
            (1) Assessing the effectiveness of installed nature-based 
        infrastructure in addressing, as applicable, coastal 
        resilience, shoreline erosion, storm damage, including 
        windstorms, inland flooding, water quality, impact on local 
        ecosystems, and such other criteria as the Administrator 
        determines appropriate.
            (2) Novel approaches to nature-based infrastructure and 
        living shorelines aimed at optimizing resilience to climate 
        change, extreme weather, and ecosystem sustainability.
            (3) Interdisciplinary research, including engineering, 
        environmental and ecosystem sciences, biology, and social 
        science.
            (4) Regional, community, and industry partnerships to 
        create locally informed solutions.
    (d) Reports for Informing Grant Selection.--
            (1) Report required.--An eligible entity that receives a 
        grant for a project under this section shall, not later than 
        the date on which such project concludes, submit to the 
        Administrator a report summarizing the findings of the project.
            (2) Use of reports.--The Administrator shall use each 
        report submitted under paragraph (1) to inform the selection 
        and prioritization of living shoreline projects under section 2 
        and other nature-based infrastructure projects.
    (e) Use of Programs.--In carrying out this section, the 
Administrator is encouraged to use--
            (1) the National Oceanographic Partnership Program 
        established under section 8931 of title 10, United States Code, 
        as a means for collaboration and coordination to leverage 
        partnerships between public institutions of higher education 
        and Federal agencies;
            (2) the Coastlines and People initiative of the National 
        Science Foundation as a tool to use ongoing interdisciplinary 
        research;
            (3) the National Sea Grant College Program maintained under 
        the National Sea Grant College Program Act (33 U.S.C. 1121 et 
        seq.) as a resource to help foster collaboration between public 
        institutions of higher education and Federal agencies; and
            (4) the Community Resilience Center of Excellence of the 
        National Institute of Standards and Technology.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $5,000,000 for each of fiscal years 
2022 through 2026 for purposes of carrying out this section.
                                 <all>