118 HR 6841 IH: To amend the Coastal Zone Management Act of 1972 to allow the Secretary of Commerce to establish a Coastal and Estuarine Resilience and Restoration Program, and for other purposes.
U.S. House of Representatives
2023-12-15
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EN
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I
118th CONGRESS
1st Session
H. R. 6841
IN THE HOUSE OF REPRESENTATIVES
December 15, 2023
Mr. Levin (for himself, Mr. Mast, Ms. Bonamici, Mrs. Kiggans of Virginia, Mr. Huffman, Mrs. González-Colón, Mr. Kilmer, and Mr. Van Drew) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To amend the Coastal Zone Management Act of 1972 to allow the Secretary of Commerce to establish a Coastal and Estuarine Resilience and Restoration Program, and for other purposes.
1.

Coastal and Estuarine Resilience and Restoration 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 Resilience and Restoration Program”;
(2)
by amending subsection (a) to read as follows:
“(a)

In general
The Secretary may conduct a Coastal and Estuarine Resilience and Restoration Program, in cooperation with State, regional, and other units of government, the National Estuarine Research Reserves, and non-governmental organizations for the purposes of—
(1)
protecting important coastal and estuarine areas that—
(A)
have significant conservation, recreational, coastal access, ecological, historical, community protection, or aesthetic value;
(B)
are threatened by conversion from their natural, undeveloped, or recreational state to other uses; or
(C)
could be managed or restored to effectively conserve, enhance, or restore ecological function or mitigate climate change; and
(2)
restoring developed property in vulnerable coastal and estuarine areas to a natural state to restore ecological function, allow for shoreline migration, and protect coastal communities.”;
(3)
in subsection (b), by striking “or National Estuarine Research Reserve units” and inserting “, National Estuarine Research Reserves, or non-governmental organizations that meet the requirements of subsection (k)”;
(4)
in subsection (c)—
(A)
by striking “or National Estuarine Research Reserves” and inserting “, National Estuarine Research Reserves, or non-governmental organizations”;
(B)
in paragraph (2), by striking “shall identify” and inserting “may identify”;
(C)
by amending paragraph (7) to read as follows:
“(7)
(A)
Priority shall be given to lands that—
(i)
can be effectively managed and protected and are described in subsection (a)(1)(A);
(ii)
to the maximum extent practicable, benefit communities that may not have adequate resources to prepare for or respond to coastal hazards or to access coastline, including low-income communities; or
(iii)
(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 on the coastal environment;
(III)
are within or adjacent to 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 long-term carbon storage, and to facilitate inland migration of coastal ecosystems in response to sea level rise.
(B)
Of the projects that are given priority under subparagraph (A), priority shall be given to lands that reflect conservation priorities identified pursuant to paragraphs (1) through (4).”; and
(D)
in paragraph (10), by striking “triennially” and inserting “every 5 years”;
(5)
in subsection (f)—
(A)
in paragraph (2)(B), by inserting “for any territory of the United States that is unable to provide such match,” after “community,”; and
(B)
in paragraph (4)—
(i)
in subparagraph (A)(i), by striking “the land meets the criteria set forth in section 2(b) and” and inserting “such use will further the goals set forth in subsection (b) and such land interest”;
(ii)
by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B);
(iii)
in subparagraph (B) (as so redesignated), by striking “described in (A)” and inserting “described in subparagraph (A)”; and
(iv)
by inserting at the end the following new subparagraph:
“(C)
The value of ecosystem services that such interest in land provides, including as a buffer for storm surge, as a habitat for economically valuable species, and as a long-term carbon store.”;
(6)
in subsection (g), by striking “15” and inserting “20”;
(7)
by redesignating subsections (k) and (l) as subsections (l) and (m), respectively;
(8)
by inserting after subsection (j) the following:
“(k)

Non-Governmental organizations
(1)

In general
A non-governmental organization that applies for a grant under this section may only be awarded a grant under subsection (b) to acquire property or an interest in property if such organization, with respect to the property or interest in property—
(A)
provides such documentation as the Secretary determines appropriate to demonstrate that the agency that is primarily responsible for managing coastal and estuarine land of the State in which the property or interest in property is located has provided public notice of the support of such agency for the grant application of such organization;
(B)
either—
(i)
ensures that the property or interest in property is, or will be made, accessible to the public; or
(ii)
provides documentation showing that public access to the property or interest in property is required to be restricted to maintain the biological integrity, biological diversity, or environmental health of the property or interest in property; and
(C)
includes in the deed for the property or interest in property a clear statement regarding how the property or interest in property will be disposed of if such organization becomes nonviable after the date such organization acquires such property or interest in property.
(2)

Compliance
The Secretary shall develop objective measures that each non-governmental organization that applies for a grant under this section shall use to demonstrate the compliance of such organization with the requirements of paragraph (1).”; and
(9)
in subsection (m), as so redesignated, by striking “fiscal years 2009 through 2013” and inserting “fiscal years 2024 through 2028”.
2.

Amendments to National Estuarine Research Reserve System program
(a)

Designation of additional reserves
(1)

In general
Not later than 5 years after the date of the enactment of this section, the Secretary shall designate not less than 5 new national estuarine reserves in the System.
(2)

Prioritization
In making each designation under paragraph (1), the Secretary shall prioritize nominated sites that will promote the following with respect to the System:
(A)
The presence of a National Estuarine Research Reserve in each coastal State.
(B)
Full representation of biogeographic regions to ensure research in areas with distinct biodiversity or estuarine geography.
(b)

Financial assistance
Section 315(e)(1)(A)(ii) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461(f)(1)(A)(ii)) is amended by inserting “and maintaining” after “constructing”.
(c)

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), respectively; 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;”.
(d)

Program elements
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)

Systemwide Elements of the National Estuarine Research Reserve System
The Secretary shall coordinate systemwide programs and activities in the System including—
(1)
the centralized management and dissemination of data from System observation and monitoring networks;
(2)
a grant program employing the collaborative research model on coastal research and management priorities to be conducted at research reserve sites focused on the priorities determined by the Secretary;
(3)
using National Estuarine Research Reserves as living laboratories and as preferred placements for fellowship and research positions for the National Oceanic and Atmospheric Administration; and
(4)
establishing the Margaret A. Davidson Graduate Research Fellowship Program to address key coastal management questions and the coastal research and management priorities of the System and its place-based sites to help scientists and communities understand the coastal challenges that may influence future policy and management strategies.
(i)

Place-Based Program Elements of the National Estuarine Research Reserve System
Each National Estuarine Research Reserve shall establish and maintain place-based program elements that include—
(1)
a research, monitoring, and observation network that detects environmental change and informs suitable adaptation and mitigation strategies to coastal hazards;
(2)
identifying and monitoring sentinel sites that provide an opportunity to develop and test techniques for adapting to and mitigating the harmful effects of climate change;
(3)
education, outreach, training, and interpretive programs that communicate the value and changing dynamics of coastal systems;
(4)
stewardship programs that provide science-based tools, habitat management, and restoration and that provide resources and information to inform coastal management;
(5)
coastal training programs that provide technical assistance to coastal communities, resource managers, and coastal decisionmakers;
(6)
identifying priority land for acquisition to enhance ecosystem and community resilience to the negative effects of climate change; and
(7)
the lands and facilities that support such accessible research, monitoring, stewardship, education, and coastal training activities.
(j)

Existing Uses
Except as otherwise explicitly provided in a management plan of a National Estuarine Research Reserve, each Reserve shall permit existing uses of System lands and waters, including (as applicable)—
(1)
commercial and recreational fishing;
(2)
hunting; and
(3)
cultural uses.
(k)

Authorization of Appropriations
There are authorized to be appropriated to the Secretary $47,000,000 for each of fiscal years 2024 through 2028 to provide financial assistance under this section.”.
(e)

Definitions
In this section:
(1)

Coastal State
The term coastal State has the meaning given the term coastal state in section 304 of title III of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453), as applicable to such title.
(2)

Secretary
The term Secretary has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3)

System
The term System means the National Estuarine Research Reserve System established under section 315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461).