118 HR 676 : Coastal Communities Ocean Acidification Act of 2023
U.S. House of Representatives
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IIB
118th CONGRESS
1st Session
H. R. 676
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Received; read twice and referred to the Committee on Commerce, Science, and Transportation
AN ACT
To amend the Federal Ocean Acidification Research And Monitoring Act of 2009 to require the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to collaborate with State and local governments and Indian Tribes on vulnerability assessments related to ocean acidification, research planning, and similar activities, and for other purposes.
1.

Short title
This Act may be cited as the “Coastal Communities Ocean Acidification Act of 2023”.
2.

Definitions
Section 12403 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3702) is amended—
(1)
by striking paragraph (4);
(2)
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(3)
by inserting before paragraph (3), as so redesignated, the following:
“(2)

Indian tribe
The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).”;
(4)
in paragraph (3), as redesignated by paragraph (2), by inserting “an increase of” before “carbon dioxide”; and
(5)
by adding at the end the following:
“(6)

Subcommittee
The term “Subcommittee” means the National Science and Technology Council Subcommittee on Ocean Science and Technology.
(7)

United states
The term “United States” means the States, collectively.”.
3.

Improvement of collaboration on ocean acidification
(a)

Ongoing input mechanism
Section 12404(c)(2) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(c)(2)) is amended—
(1)
in subparagraph (B), by striking “; and” and inserting a semicolon;
(2)
in subparagraph (C), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(D)
maintain or establish an ongoing mechanism (such as a liaison or other contact of the National Oceanic and Atmospheric Administration, standing meetings, or an online platform) to engage affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, indigenous knowledge groups, non-Federal resource managers, 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 coastal acidification and the impacts of ocean acidification and coastal acidification.”.
(b)

Advisory board membership
Section 12404(c)(3) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(c)(3)) is amended—
(1)
by redesignating subparagraphs (G) through (Q) as subparagraphs (H) through (R), respectively;
(2)
by inserting after subparagraph (F) the following:
“(G)
Two representatives from Indian Tribes, Tribal organizations, and Tribal consortia affected by ocean acidification and coastal acidification.”; and
(3)
in subparagraph (H), as redesignated by paragraph (1), by striking “Six” and inserting “Four”.
(c)

Appointment of advisory board members
Section 12404(c)(4)(C) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(c)(4)(C)) is amended by striking “State and local” and inserting “State, local, and Tribal”.
(d)

Engagement and coordination with indian tribes
Paragraph (9) of section 12404(c) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(c)) is amended to read as follows:
“(9)

Engagement and coordination with indian tribes
(A)

Policy required
Not later than one year after the date on which the Advisory Board is established, the Advisory Board shall develop and commence maintaining a policy for engagement and coordination with Indian Tribes affected by ocean acidification and coastal acidification.
(B)

Consultation
In developing the policy under subparagraph (A), the Advisory Board shall consult with Indian Tribes affected by ocean acidification and coastal acidification.”.
(e)

Collaboration on vulnerability assessments, research planning, and similar activities
Section 12404(e)(4)(A) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(e)(4)(A)) is amended—
(1)
by redesignating clauses (ix) and (x) as clauses (x) and (xi), respectively; and
(2)
by inserting after clause (viii) the following:
“(ix)
identifies the efforts of the Secretary to collaborate with State and local governments and Indian Tribes on community vulnerability assessments, research planning, and similar activities, pursuant to section 12406(e);”.
(f)

Contents of strategic research plan
Section 12405(b) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(b)) is amended—
(1)
in paragraph (10), by striking “section 12404(c)(4)” and inserting “section 12404(e)(4)”; and
(2)
in paragraph (11), by striking “potentially affected industry members, coastal stakeholders, fishery management councils and commissions, Tribal governments, non-Federal resource managers, and scientific experts” and inserting “affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, indigenous knowledge groups, non-Federal resource managers, and scientific experts not employed by the Federal Government”.
(g)

Improving collaboration on NOAA 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 paragraph (1)—
(i)
in subparagraph (C), by striking “maximize” and inserting “take into consideration”;
(ii)
in subparagraph (D), by adding a semicolon at the end; and
(iii)
in subparagraph (F), by striking “Tribal governments” and inserting “Indian Tribes”; and
(B)
in paragraph (4), by striking “industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, community acidification networks, indigenous knowledge groups, and scientific experts” and inserting “affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, indigenous knowledge groups, non-Federal resource managers, and scientific experts not employed by the Federal Government”;
(2)
in subsection (c)—
(A)
in paragraph (1), by striking “State, local, and Tribal governments” and inserting “State and local governments, Indian Tribes,”; and
(B)
in paragraph (2)—
(i)
in subparagraph (A), by striking “; or” and inserting a semicolon;
(ii)
by redesignating subparagraph (B) as subparagraph (C);
(iii)
by inserting after subparagraph (A) the following:
“(B)
on ocean acidification and coastal acidification research, data, and monitoring from affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, indigenous knowledge groups, non-Federal resource managers, and scientific experts not employed by the Federal Government; or”; and
(iv)
in subparagraph (C), as redesignated by clause (ii), by striking “State governments, local governments, Tribal governments” and inserting “State and local governments, Indian Tribes”;
(3)
in subsection (d)(1)(C), by striking “Tribes or Tribal governments” and inserting “Indian Tribes, Tribal organizations, and Tribal consortia”; and
(4)
by adding at the end the following:
“(e)

Better collaboration on vulnerability assessments, research planning, and similar activities
(1)

In general
In carrying out the program under subsection (a), and in support of vulnerability assessments transmitted under section 12404(e)(4) and recommendations included in the strategic research plan described in section 12405(b)(10), the Secretary shall build upon existing activities and collaborate with State and local governments and Indian Tribes that are conducting or have completed vulnerability assessments, research planning, climate action plans, or other similar activities related to ocean acidification and coastal acidification and the impacts of ocean acidification and coastal acidification on coastal communities, for the purpose of—
(A)
supporting collaborative interagency relationships and information sharing at the State, local, and Tribal levels; and
(B)
assisting State and local governments and Indian Tribes in—
(i)
improving existing systems and programs to better address ocean acidification and coastal acidification; and
(ii)
identifying whether such activities can be used as a model for other communities.
(2)

Priority
In carrying out paragraph (1), the Secretary shall prioritize underserved populations and entities in the use of resources of the National Oceanic and Atmospheric Administration.”.
4.

Technical corrections
The Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3701 et seq.) is amended—
(1)
in section 12402(1) (33 U.S.C. 3701(1)), by striking “development coordination and implementation” and inserting “development, coordination, and implementation”;
(2)
in section 12404 (33 U.S.C. 3703)—
(A)
in subsection (b)(5), by striking “; and” and inserting a period;
(B)
in subsection (c)(2)(A)—
(i)
in clause (i), by striking “subsection (d)(2)” and inserting “subsection (e)(2)”; and
(ii)
in clause (ii), by striking “subsection (d)(3)” and inserting “subsection (e)(3)”;
(C)
in subsection (d)(3), by striking “this section” and inserting “this subsection”; and
(D)
in subsection (e)—
(i)
in paragraph (2)(B), by striking “interagency” and inserting “the”; and
(ii)
in paragraph (3), by striking “years until 2031 thereafter” and inserting “years thereafter until 2031”; and
(3)
in section 12406(d)(2) (33 U.S.C. 3705(d)(2)), by striking “The Secretary to,” and inserting “The Secretary, to”.
Passed the House of Representatives May 9, 2023.
Cheryl L. Johnson,
Clerk.