[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3245 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3245

To establish the Interagency Working Group on Coastal Blue Carbon, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2021

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

_______________________________________________________________________

                                 A BILL


 
To establish the Interagency Working Group on Coastal Blue Carbon, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blue Carbon for Our Planet Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Under Secretary of Commerce for Oceans and Atmosphere in the 
        Under Secretary's capacity as the Administrator of the National 
        Oceanic and Atmospheric Administration.
            (2) Coastal blue carbon ecosystems.--
                    (A) In general.--The term ``coastal blue carbon 
                ecosystems'' means vegetated coastal habitats, 
                including mangroves, tidal marshes, seagrasses, kelp 
                forests, and other tidal, freshwater, or salt-water 
                wetlands, that have the ability to sequester carbon 
                from the atmosphere, accumulate carbon in biomass for 
                years to decades, and store carbon in soils for 
                centuries to millennia.
                    (B) Inclusions.--The term ``coastal blue carbon 
                ecosystems'' includes autochthonous carbon and 
                allochthonous carbon.
            (3) Coastal carbon data clearinghouse.--The term ``Coastal 
        Carbon Data Clearinghouse'' means the Coastal Carbon Data 
        Clearinghouse operated by the Smithsonian Environmental 
        Research Center.
            (4) Interagency working group.--The term ``Interagency 
        Working Group'' means the Interagency Working Group on Coastal 
        Blue Carbon established under section 3(a).
            (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. 3. INTERAGENCY WORKING GROUP ON COASTAL BLUE CARBON.

    (a) Establishment.--The Subcommittee on Ocean Science and 
Technology of the National Science and Technology Council shall 
establish an interagency working group, to be known as the 
``Interagency Working Group on Coastal Blue Carbon''.
    (b) Membership.--The Interagency Working Group shall be comprised 
of senior representatives from--
            (1) the National Oceanic and Atmospheric Administration;
            (2) the Environmental Protection Agency;
            (3) the National Science Foundation;
            (4) the National Aeronautics and Space Administration;
            (5) the United States Geological Survey;
            (6) the United States Fish and Wildlife Service;
            (7) the National Park Service;
            (8) the Bureau of Indian Affairs;
            (9) the Smithsonian Institution;
            (10) the Army Corps of Engineers;
            (11) the Department of Agriculture;
            (12) the Department of Energy;
            (13) the Department of Defense;
            (14) the Department of State;
            (15) the Department of Transportation;
            (16) the Federal Emergency Management Agency; and
            (17) the Council on Environmental Quality.
    (c) Chairperson.--The Interagency Working Group shall be chaired by 
the Administrator.
    (d) Responsibilities.--The Interagency Working Group shall--
            (1) oversee the development, updates, and maintenance of a 
        national map and inventory of coastal blue carbon ecosystems, 
        including habitat types, with a regional focus in analysis that 
        is usable for local-level conservation, planning, and 
        restoration;
            (2) develop a strategic assessment of the biophysical, 
        chemical, social, statutory, regulatory, and economic 
        impediments to conservation and restoration of coastal blue 
        carbon ecosystems, including the vulnerability of coastal blue 
        carbon ecosystems to climate impacts, such as sea-level rise 
        and ocean and coastal acidification, and other environmental 
        and human stressors;
            (3) develop a national strategy for foundational science 
        necessary to study, synthesize, and evaluate the effects of 
        climate change and environmental and human stressors on 
        sequestration rates and capabilities of coastal blue carbon 
        ecosystems conservation, with input from the National Academies 
        of Sciences, Engineering, and Medicine;
            (4) establish national conservation and restoration 
        priorities for coastal blue carbon ecosystems, including an 
        assessment of Federal funding being used for conservation and 
        restoration efforts;
            (5) ensure the continuity, use, and interoperability of 
        data assets, including data assets available through the 
        Coastal Carbon Data Clearinghouse; and
            (6) assess legal authorities in effect as of the date of 
        the enactment of this Act to conserve and restore coastal blue 
        carbon ecosystems.
    (e) Submissions to Congress.--
            (1) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Interagency Working Group shall 
        submit 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 
        a report containing the following:
                    (A) A summary of federally funded research, 
                monitoring, conservation, and restoration activities 
                relating to coastal blue carbon ecosystems, including--
                            (i) the budget for each such activity; and
                            (ii) a description of the progress made by 
                        each such activity in advancing the national 
                        priorities identified under section 5(a)(3)(A).
                    (B) An assessment of biophysical, chemical, social, 
                statutory, regulatory, and economic impediments to 
                conservation and restoration of coastal blue carbon 
                ecosystems, including the vulnerability of coastal blue 
                carbon ecosystems to climate impacts, such as sea-level 
                rise and ocean and coastal acidification, and other 
                environmental and human stressors.
            (2) Strategic plan.--
                    (A) 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 projects for the 5-year 
                period beginning on the date on which the first fiscal 
                year after the date on which the report is submitted 
                under paragraph (1) begins.
                    (B) Elements.--The plan required by subparagraph 
                (A) shall--
                            (i) include an assessment of the use of 
                        Federal programs existing as of the date of the 
                        enactment of this Act to conserve and restore 
                        coastal blue carbon ecosystems; and
                            (ii) identify any additional authorities or 
                        programs that may be needed to conserve and 
                        restore such ecosystems.
                    (C) Timing.--The Interagency Working Group shall--
                            (i) on a date that is not later than 1 year 
                        after the date of the enactment of this Act and 
                        not earlier than the date on which the report 
                        required by paragraph (1) is submitted, submit 
                        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 the 
                        strategic plan required by subparagraph (A); 
                        and
                            (ii) submit a revised version of such plan 
                        not less frequently than once every 5 years 
                        thereafter.
                    (D) Publication and public comment.--Not later than 
                90 days before the date on which the strategic plan or 
                any revised version of such plan is submitted under 
                subparagraph (C), the Interagency Working Group shall--
                            (i) publish such plan in the Federal 
                        Register; and
                            (ii) provide an opportunity for submission 
                        of public comments for a period of not less 
                        than 60 days.

SEC. 4. NATIONAL MAP AND INVENTORY OF COASTAL BLUE CARBON ECOSYSTEMS.

    (a) In General.--The Interagency Working Group shall produce, 
update, and maintain a national-level map and inventory of coastal blue 
carbon ecosystems, including--
            (1) the types of habitats and species in such ecosystems;
            (2) the condition of such habitats, including whether a 
        habitat is degraded, drained, eutrophic, or tidally restricted;
            (3) the type of public or private ownership and any 
        protected status of such ecosystems;
            (4) the size of such ecosystems;
            (5) the salinity boundaries of such ecosystems;
            (6) the tidal boundaries of such ecosystems;
            (7) an assessment of carbon sequestration potential, 
        methane production, and net greenhouse gas reductions with 
        respect to such ecosystems, including consideration of--
                    (A) quantification;
                    (B) verifiability;
                    (C) comparison to a historical baseline as 
                available; and
                    (D) permanence of those benefits;
            (8) an assessment of co-benefits of ecosystem and carbon 
        sequestration;
            (9) the potential for landward migration as a result of sea 
        level rise;
            (10) any upstream restrictions detrimental to the watershed 
        process and conditions such as dams, dikes, levees, and other 
        water management practices;
            (11) the conversion of such ecosystems to other land uses 
        and the cause of such conversion; and
            (12) a depiction of the effects of climate change, 
        including sea level rise, environmental stressors, and human 
        stressors on the sequestration rate, carbon storage, and 
        potential of such ecosystems.
    (b) Data Incorporation; Engagement.--In carrying out subsection 
(a), the Administrator shall--
            (1) incorporate, to the extent practicable, existing data, 
        as determined on the date of the enactment of this Act, 
        collected through federally funded research by a Federal 
        agency, State agency, Tribe, or local agency and peer-reviewed 
        published works, including data collected from--
                    (A) the Coastal Change Analysis Program of the 
                National Oceanic and Atmospheric Administration;
                    (B) the National Wetlands Inventory of the United 
                States Fish and Wildlife Service;
                    (C) the LandCarbon program of the United States 
                Geological Survey;
                    (D) the LiDAR information coordination and 
                knowledge program of the Federal Emergency Management 
                Agency;
                    (E) the Biological and Environmental Research 
                Program of the Department of Energy; and
                    (F) the National Coastal Blue Carbon Assessment of 
                the Department of Agriculture; and
            (2) engage regional experts, State agencies, Tribes, and 
        additional data and information resources in order to 
        accurately account for regional differences in coastal blue 
        carbon ecosystems.
    (c) Use of Map and Inventory.--The Interagency Working Group shall 
use the national map and inventory produced under subsection (a)--
            (1) to assess the carbon sequestration potential 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 in partnership with, or 
        to provide technical assistance to--
                    (A) regional, State, Tribal, and local government 
                agencies; and
                    (B) regional information coordination entities (as 
                defined in section 12303(6) of the Integrated Coastal 
                and Ocean Observation System Act of 2009 (33 U.S.C. 
                3602));
            (4) to assess degraded coastal blue carbon ecosystems and 
        the potential for restoration of such ecosystems, including 
        developing scenario modeling to identify vulnerable land areas 
        and living shorelines where management, conservation, and 
        restoration efforts should be focused;
            (5) to produce predictions relating to coastal blue carbon 
        ecosystems and carbon sequestration rates in the context of 
        climate change, environmental stressors, and human stressors; 
        and
            (6) to inform the creation by the Administrator of the 
        Environmental Protection Agency of the annual Inventory of U.S. 
        Greenhouse Gas Emissions and Sinks.

SEC. 5. RESTORATION AND CONSERVATION OF EXISTING COASTAL BLUE CARBON 
              ECOSYSTEMS.

    (a) In General.--The Administrator shall--
            (1) lead the Interagency Working Group in implementing the 
        strategic plan under section 3(e)(2);
            (2) coordinate monitoring and research efforts among 
        Federal agencies in cooperation with State, Tribal, and local 
        governments, academic institutions, international partners, and 
        nongovernmental organizations;
            (3) in coordination with the Interagency Working Group, and 
        as informed by the report under section 3(e)(1), identify--
                    (A) national conservation and restoration 
                priorities for coastal blue carbon ecosystems that 
                would produce the highest rate of carbon sequestration 
                and greatest ecosystem benefits, such as flood 
                protection, soil and beach retention, erosion 
                reduction, biodiversity, water purification, and 
                nutrient cycling, in the context of other environmental 
                stressors and climate change; and
                    (B) ways to improve coordination and to prevent 
                unnecessary duplication of effort among Federal 
                agencies and departments with respect to research on 
                coastal blue carbon ecosystems through existing and new 
                coastal management networks; and
            (4) in coordination with State, Tribal, and local 
        governments and coastal stakeholders, develop integrated pilot 
        programs to restore degraded coastal blue carbon ecosystems in 
        accordance with subsection (b).
    (b) Integrated Federal Pilot Programs To Restore Degraded Coastal 
Blue Carbon Ecosystems.--
            (1) In general.--In carrying out subsection (a)(4), the 
        Administrator shall establish 1 or more integrated Federal 
        pilot programs that--
                    (A) further develop--
                            (i) best management practices, including 
                        design criteria and performance functions for 
                        restoration of coastal blue carbon ecosystems;
                            (ii) nature-based adaptation strategies;
                            (iii) restoration areas that intersect with 
                        built environments as green-gray infrastructure 
                        projects;
                            (iv) management practices for landward 
                        progression, migration, or loss of coastal blue 
                        carbon ecosystems;
                            (v) best management practices to account 
                        for latitudinal biogeographic factors; and
                            (vi) best management practices for 
                        restoration of--
                                    (I) hypersaline coastal ecosystems; 
                                and
                                    (II) estuarine ecosystems; and
                    (B) identify potential barriers to restoration 
                management efforts.
            (2) Locations.--The Administrator shall ensure that pilot 
        programs under paragraph (1) cover geographically, 
        socioeconomically, and ecologically diverse locations with--
                    (A) significant ecological, economic, and social 
                benefits, such as flood protection, soil and beach 
                retention, erosion reduction, biodiversity, water 
                purification, and nutrient cycling to reduce hypoxic 
                conditions; and
                    (B) maximum potential for greenhouse gas emission 
                reduction, taking into account--
                            (i) quantification;
                            (ii) verifiability;
                            (iii) additionality, as compared to an 
                        appropriate historical baseline determined by 
                        the Interagency Working Group; and
                            (iv) permanence of those benefits.
            (3) Application review.--The Administrator shall--
                    (A) establish a procedure for reviewing 
                applications for pilot programs under paragraph (1);
                    (B) encourage applications from minority serving 
                institutions; and
                    (C) consider proposals from institutions that may 
                not have adequate resources.
            (4) Communication.--The Administrator shall ensure, through 
        consultation with the Interagency Working Group, that the goals 
        and metrics for pilot programs under paragraph (1) are 
        communicated to the appropriate State, local, and Tribal 
        governments, coastal stakeholders, non-Federal resource 
        managers, academia, and the general public.
            (5) Coordination.--The Administrator shall coordinate 
        with--
                    (A) relevant Federal agencies and departments 
                specified under section 3(b) to prevent unnecessary 
                duplication of effort among such agencies and 
                departments with respect to restoration programs; and
                    (B) relevant State, Tribal, and local government 
                entities.
            (6) Priority.--In carrying out pilot programs under 
        paragraph (1), the Administrator shall give priority to 
        proposed eligible restoration activities that would--
                    (A) result in long-term sequestration of carbon 
                stored in coastal and marine environments;
                    (B) conserve key habitats for fish, wildlife, and 
                the maintenance of biodiversity;
                    (C) provide coastal protection from storms, 
                flooding, and land-based pollution;
                    (D) restore optimal salinities and chlorophyll 
                levels in estuarine and coastal environments or lead to 
                other improvements to water quality; and
                    (E) conserve coastal resources of national, 
                historical, and cultural significance.
            (7) Non-federal cost share.--The Administrator may accept, 
        but shall not give priority to, offers to share the cost of a 
        project under a pilot program under paragraph (1) from State, 
        Tribal, local, and nongovernmental applicants.
            (8) Requirement.--Any project performed under a pilot 
        program under paragraph (1) shall be conducted within the 
        territorial boundaries of the United States.

SEC. 6. COASTAL CARBON DATA CLEARINGHOUSE.

    (a) Definition of Secretary.--In this section, the term 
``Secretary'' means the Secretary of the Smithsonian Institution.
    (b) In General.--The Secretary, in coordination with the 
Administrator and members of the Interagency Working Group, shall 
provide for the long-term stewardship of, and access to, data relating 
to coastal blue carbon ecosystems and national mapping, by supporting 
the maintenance of the Coastal Carbon Data Clearinghouse.
    (c) Coastal Carbon Data Clearinghouse Duties.--The Secretary, in 
coordination with the Administrator and members of the Interagency 
Working Group, shall, through the Coastal Carbon Data Clearinghouse, 
process, store, archive, provide access to, and incorporate (to the 
extent practicable) all data relating to coastal carbon collected 
through federally funded research by a Federal agency, State, Tribe, or 
local agency, an academic institution, or another relevant entity.
    (d) Global and National Data Assets.--The Secretary, in 
coordination with the Administrator and members of the Interagency 
Working Group, shall ensure that existing global and national data 
assets, as determined on the date of the enactment of this Act, are 
incorporated into the Coastal Carbon Data Clearinghouse, to the 
greatest extent practicable.
    (e) Establishment of Standards, Protocols, and Procedure.--The 
Secretary, in coordination with the Administrator and members of the 
Interagency Working Group, shall establish--
            (1) standards, protocols, and procedures for the 
        processing, storing, and archiving of, and providing access to, 
        data in the Coastal Carbon Data Clearinghouse; and
            (2) best practices for sharing such data with State, local, 
        and Tribal governments, coastal stakeholders, non-Federal 
        resource managers, and academia.
    (f) Dissemination; Digital Tools and Resources.--
            (1) Dissemination.--The Administrator shall work to 
        disseminate the data available through the Coastal Carbon Data 
        Clearinghouse to the greatest extent practicable.
            (2) Digital tools and resources.--The Secretary, 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.

SEC. 7. NATIONAL ACADEMY OF SCIENCES ASSESSMENTS OF CARBON DIOXIDE 
              STORAGE IN DEEP SEAFLOOR ENVIRONMENTS AND OF COASTAL 
              CARBON MARKETS.

    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 Academy of Sciences to conduct--
            (1) a comprehensive assessment of--
                    (A) the long-term effects of containment of carbon 
                dioxide in a deep seafloor environment on marine 
                ecosystems;
                    (B) the socioeconomic effects of such containment 
                on existing ocean users and communities; and
                    (C) the integrity of existing storage technologies, 
                as determined on the date of the enactment of this Act;
            (2) a comprehensive assessment of pathways, methods, and 
        technologies able to directly remove carbon dioxide from the 
        oceans by the removal of dissolved carbon dioxide from seawater 
        through engineered or inorganic processes, including filters, 
        membranes, phase change systems, or other technological 
        pathways; and
            (3) a comprehensive assessment of the viability of using 
        coastal macroalgae cultivation and sustainable coastal wetlands 
        management and restoration for carbon sequestration, which 
        shall consider--
                    (A) environmental and socioeconomic effects on 
                coastal communities;
                    (B) durability and cost per ton of carbon dioxide 
                sequestered using coastal macroalgae cultivation and 
                sustainable coastal wetlands management in a variety of 
                regions of the United States, including Alaska, the 
                Gulf Coast, the Mid-Atlantic, and the Pacific 
                Northwest;
                    (C) research, data, resource management, 
                monitoring, reporting, lifecycle assessment, and 
                verification improvements necessary to develop a carbon 
                market around coastal macroalgae cultivation and 
                sustainable coastal wetlands management or restoration; 
                and
                    (D) relevant successes and failures of carbon 
                markets in agriculture, forestry, and wetlands and how 
                such successes and failures might apply to a future 
                coastal carbon market.

SEC. 8. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed as providing new authority--
            (1) to expand Federal land acquisition in pursuit of the 
        goal described in section 216 of Executive Order (86 Fed. Reg. 
        7627; relating to tackling the climate crisis at home and 
        abroad); or
            (2) to conserve or protect Federal lands or waters without 
        prior written approval from the Governor of an affected State.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator to 
carry out this Act $15,000,000 for each of fiscal years 2022 through 
2026.
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