[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1808 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1808

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2023

 Ms. Murkowski (for herself, Mr. Whitehouse, Ms. Collins, Mr. Peters, 
  Mr. Sullivan, Mr. King, Mr. Markey, Mr. Blumenthal, and Ms. Warren) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
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.

    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 ``Coastal Communities Ocean 
Acidification Act of 2023''.

SEC. 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), (3), and (5) as 
        paragraphs (4), (5), and (6) respectively;
            (3) by inserting after paragraph (1) 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).
            ``(3) Native hawaiian organization.--The term `Native 
        Hawaiian organization' has the meaning given that term in 
        section 3 of the NATIVE Act (25 U.S.C. 4352).'';
            (4) in paragraph (4), as redesignated by paragraph (2), by 
        inserting ``an increase of'' before ``carbon dioxide''; and
            (5) by adding at the end the following:
            ``(7) Subcommittee.--The term `Subcommittee' means the 
        National Science and Technology Council Subcommittee on Ocean 
        Science and Technology.
            ``(8) United states.--The term `United States' means the 
        States, collectively.''.

SEC. 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 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, 
                Native Hawaiian organizations, 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 Indigenous''.
    (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, Indian Tribes, and Native Hawaiian 
                        organizations 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 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, Native Hawaiian organizations''; 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 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 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, Native Hawaiian 
        organizations, 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) Native hawaiian organizations, tribal organizations, 
        and tribal consortia.--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 may build upon existing activities 
        and collaborate with Native Hawaiian organizations, Tribal 
        organizations, and Tribal consortia 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.
            ``(3) Priority.--In carrying out paragraphs (1) and (2), 
        the Secretary shall prioritize underserved populations and 
        entities in the use of resources of the National Oceanic and 
        Atmospheric Administration.''.

SEC. 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 (33 U.S.C. 3701)--
                    (A) in paragraph (1), by striking ``development 
                coordination and implementation'' and inserting 
                ``development, coordination, and implementation''; and
                    (B) in paragraph (4), by striking ``research 
                adaptation strategies and mitigating the impacts'' and 
                inserting ``research on adaptation strategies and 
                mitigation of the impacts'';
            (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''.
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