[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5420-S5446]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5951. Mr. SCHATZ submitted an amendment intended to be proposed to
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--NATURAL RESOURCES
Subtitle A--Illegal Fishing and Forced Labor Prevention
SEC. __01. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Oppressive child labor.--The term ``oppressive child
labor'' has the meaning given such term in section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(2) Forced labor.--The term ``forced labor'' means any
labor or service provided for or obtained by any means
described in section 1589(a) of title 18, United States Code.
(3) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(4) Illegal, unreported, or unregulated fishing.--The term
``illegal, unreported, or unregulated fishing'' has the
meaning given such term in section 609(e) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(e)).
(5) Seafood.--The term ``seafood'' means fish meal, and all
marine animal and plant life meant for consumption as food
other than marine mammals and birds, including fish,
shellfish, shellfish products, and processed fish.
(6) Seafood import monitoring program.--The term ``Seafood
Import Monitoring Program'' means the Seafood Traceability
Program established under section 300.324 of title 50, Code
of Federal Regulations.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
SEC. __01A. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary
$20,000,000 for each of fiscal
[[Page S5421]]
years 2023 through 2028 to carry out chapter 1, chapter 2,
and the amendments made by those chapters.
CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT
MONITORING
SEC. __02. DEFINITIONS.
In this chapter, the following additional definitions
apply:
(1) Competent authority.--The term ``competent authority''
means government and any third party that meets certain
governing criteria. Such criteria shall be established by
regulation, after outreach to key environmental and labor
stakeholders.
(2) Unique vessel identifier.--The term ``unique vessel
identifier'' means a unique number that stays with a vessel
for the duration of the vessel's life, regardless of changes
in flag, ownership, name, or other changes to the vessel.
SEC. __02A. EXPANSION OF SEAFOOD IMPORT MONITORING PROGRAM TO
ALL SPECIES.
The Secretary shall, not later than 2 years after the date
of enactment of this Act, expand the Seafood Import
Monitoring Program to apply to all seafood and seafood
products imported into the United States.
SEC. __02B. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM
AUTOMATED COMMERCIAL ENVIRONMENT MESSAGE SET.
The Secretary, in coordination with the Commissioner of
U.S. Customs and Border Protection, shall, not later than 6
months after the date of enactment of this Act, develop a
strategy to improve the quality and verifiability of already
collected Seafood Import Monitoring Program Message Set data
elements in the Automated Commercial Environment system that
prioritizes the use of enumerated data types, such as
checkboxes, dropdown menus, or radio buttons, and any
additional elements the Agency finds necessary, among other
options, rather than open text fields, for--
(1) authorization to fish;
(2) unique vessel identifier (if available);
(3) catch document identifier;
(4) location of wild-capture harvest and landing or
aquaculture location;
(5) type of fishing gear used to harvest the fish;
(6) name of farm or aquaculture facility, if applicable;
and
(7) location of aquaculture facility, if applicable.
SEC. __02C. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD IMPORT
MONITORING PROGRAM DATA COLLECTION.
(a) In General.--Not later than 1 year after date of
enactment of this Act, the Secretary shall revise section
300.324 of title 50, Code of Federal Regulations, to--
(1) require at the time of entry for imported seafood and
seafood products--
(A) location of catch or cultivation, including--
(i) geographic location at a resolution of not less than 1
degree latitude by 1 degree longitude;
(ii) the country code of the International Organization for
Standardization if the catch was within the exclusive
economic zone or territorial waters of a country;
(iii) if appropriate, the regional fisheries management
organization or organizations having jurisdiction over the
catch, if it occurs within the jurisdiction of any regional
fisheries management organization; and
(iv) the Food and Agriculture Organization major fishing
area codes;
(B) electronic reports of chain-of-custody records that
identify, including with unique vessel identifiers when
applicable, each custodian of the seafood, including
transshippers, processors, storage facilities, and
distributors and the physical address of such facilities;
(C) maritime mobile service identity number of harvesting
and transshipment vessels; and
(D) beneficial owner of each harvesting and transshipment
vessel or aquaculture facility, when applicable;
(2) require all importers submitting seafood import data to
require prior notification and submission of seafood import
data at least 72 hours and no more than 15 days prior to
entry; and
(3) require verification and certification of harvest
information by competent authorities at all major transfer
points in the supply chain, including harvest, landing,
processing, and transshipment at the time of entry.
(b) Forced Labor.--The Secretary, working in consultation
with the Secretary of Homeland Security, the Secretary of
Labor, and the Secretary of State, shall, not later than 1
year after the date of enactment of this Act, complete a
regulatory process to establish additional key data elements
for the Seafood Import Monitoring Program, that collect
information about labor conditions in the harvest,
transshipment, and processing of imported fish and fish
products.
(c) International Fisheries Trade Permit.--Not later than 1
year after the date of enactment of this Act, the Secretary
shall--
(1) publish and maintain on the website of the National
Marine Fisheries Service a list of all current International
Fisheries Trade Permit holders, including the name of the
permit holder and expiration date of the permit;
(2) begin to revoke, modify, or deny issuance of an
International Fisheries Trade Permit with respect to a permit
holder or applicant that has violated any requirement of
section 300.322, 300.323, 300.324, or 300.325 of title 50,
Code of Federal Regulations; and
(3) require an International Fisheries Trade Permit for
importers.
SEC. __02D. IMPORT AUDITS.
(a) Audit Procedures.--The Secretary shall, not later than
1 year after the date of enactment of this Act, implement
procedures to audit information and supporting records of
sufficient numbers of imports of seafood and seafood products
subject to the Seafood Import Monitoring Program to support
statistically robust conclusions that the samples audited are
representative of all seafood imports with respect to a given
year.
(b) Annual Revision.--In developing the procedures required
in subsection (a), the Secretary shall, not less frequently
than once each year, revise such procedures to prioritize for
audit those imports originating from countries--
(1) identified pursuant to sections 609(b) or 610(a) of the
High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j(b) or 1826k(a)) that have not yet received a
subsequent positive certification pursuant to sections 609(d)
or 610(c) of such Act, respectively;
(2) identified by an appropriate regional fishery
management organization as being the flag state or landing
location of vessels identified by other countries or regional
fisheries management organizations as engaging in illegal,
unreported, or unregulated fishing;
(3) identified as having human trafficking, including
forced labor, in any part of the seafood supply chain,
including on vessels flagged in such country and including
feed for cultured production, in the most recent Trafficking
in Persons Report issued by the Department of State in
accordance with the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7101 et seq.);
(4) identified as producing goods that contain seafood
using forced labor or oppressive child labor in the most
recent List of Goods Produced by Child Labor or Forced Labor
in accordance with the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7101 et seq.); and
(5) identified as at risk for human trafficking, including
forced labor, in their seafood catching and processing
industries by the report required in section 3563 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
SEC. __02E. AVAILABILITY OF FISHERIES INFORMATION.
(a) In General.--Section 402(b)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1881a(b)(1)), as amended by this Act, is further amended--
(1) by striking ``or'' after the semicolon at the end of
subparagraph (G);
(2) by striking the period at the end of subparagraph (H)
and inserting ``; or''; and
(3) by adding at the end the following:
``(I) to Federal agencies responsible for screening of
imported seafood and for the purpose of carrying out the
duties under or with respect to--
``(i) the Seafood Import Monitoring Program;
``(ii) the Antarctic Marine Living Resources Program;
``(iii) the Tuna Tracking and Verification Program;
``(iv) the Atlantic Highly Migratory Species International
Trade Program;
``(v) the List of Goods Produced by Child Labor or Forced
Labor in accordance with the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7101 et seq.);
``(vi) the Trafficking in Persons Report required by
section 110 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107);
``(vii) enforcement activities and regulations authorized
under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307);
and
``(viii) the taking and related acts in commercial fishing
operations under section 216.24 of title 50, Code of Federal
Regulations;
``(J) to Federal, State and local agencies for the purposes
of verification and enforcement of title II of this Act; or
``(K) information that pertains to catch documentation and
legality of catch, if disclosure of that information would
not materially damage the value of catch or business.''.
(b) Implementation Deadline.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue
regulations implementing the amendments in this section.
SEC. __02F. REPORT ON SEAFOOD IMPORT MONITORING.
(a) Report to Congress and Public Availability of
Reports.--The Secretary shall, not later than 120 days after
the end of each fiscal year, submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that summarizes the National Marine Fisheries
Service's efforts to prevent the importation of seafood
harvested through illegal, unreported, or unregulated
fishing, particularly with respect to seafood harvested,
produced, processed, or manufactured by forced labor. Each
such report shall be made publicly available on the public
website of the National Oceanic and Atmospheric
Administration.
(b) Contents.--Each report submitted under subsection (a)
shall include--
(1) the volume and value of seafood species subject to the
Seafood Import Monitoring
[[Page S5422]]
Program, described in section 300.324 of title 50, Code of
Federal Regulations, reported by 10-digit Harmonized Tariff
Schedule of the United States codes, imported during the
previous fiscal year;
(2) the enforcement activities and priorities of the
National Marine Fisheries Service with respect to
implementing the requirements under the Seafood Import
Monitoring Program;
(3) the percentage of import shipments subject to this
program selected for inspection or the information or records
supporting entry selected for audit, as described in section
300.324(d) of title 50, Code of Federal Regulations;
(4) the number and types of instances of noncompliance with
the requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of
State or Federal law discovered through the Seafood Import
Monitoring Program;
(6) the seafood species with respect to which violations
described in paragraphs (4) and (5) were most prevalent;
(7) the location of catch or harvest with respect to which
violations described in paragraphs (4) and (5) were most
prevalent; and
(8) such other information as the Secretary considers
appropriate with respect to monitoring and enforcing
compliance with the Seafood Import Monitoring Program.
SEC. __02G. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commissioner
of U.S. Customs and Border Protection to carry out
enforcement actions pursuant to section 307 of the Tariff Act
$20,000,000 for each of fiscal years 2023 through 2027.
CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT
HUMAN TRAFFICKING
SEC. __03. IDENTIFICATION AND CERTIFICATION CRITERIA.
(a) Denial of Port Privileges.--Section 609 of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j), as amended by this Act, is further amended--
(1) by striking subsections (a) and (b); and
(2) by inserting before subsection (c) the following:
``(a) Cooperation With Governments.--
``(1) Information collection.--The Secretary, in
consultation with the Secretary of State, shall engage with
each flag, coastal, port, and market nation that exports
seafood to the United States to collect information
sufficient to evaluate the effectiveness of such nation's
management of fisheries and control systems to prevent
illegal, unreported, or unregulated fishing.
``(2) Recommendations.--The Secretary, in consultation with
the Secretary of State, shall provide recommendations to such
nations to resolve compliance gaps and improve fisheries
management and control systems in order to assist such
nations in preventing illegal, unreported, or unregulated
fishing.
``(b) Identification and Warning.--
``(1) For actions of a fishing vessel.--The Secretary shall
identify and list in the report required by section 607 a
nation if a fishing vessel of such nation is engaged or has,
in the preceding 3 years, engaged in illegal, unreported, or
unregulated fishing. The Secretary shall include all nations
that qualify for identification, regardless of whether the
Secretary has engaged in the process described in this
subsection or under subsection (a). Any of the following
relevant information is sufficient to form the basis of an
identification:
``(A) Compliance reports.
``(B) Data or information from international fishery
management organizations, a foreign government, or an
organization or stakeholder group.
``(C) Information submitted by the public.
``(D) Information submitted to the Secretary under section
402(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a(a)).
``(E) Import data collected by the Secretary pursuant to
part 300.324 of title 50, Code of Federal Regulations.
``(F) Information compiled from a Federal agency,
including, the Coast Guard and agencies within the
Interagency Working Group on Illegal, Unreported, and
Unregulated Fishing.
``(2) For actions of a nation.--The Secretary shall
identify, and list in such report, a nation engaging in or
endorsing illegal, unreported, or unregulated fishing,
including the following:
``(A) Any nation that is failing, or has failed in the
preceding 3-year period, to cooperate with the United States
Government in providing information about such nation's
fisheries management and control systems described in
subsection (a).
``(B) Any nation that is violating, or has violated at any
point during the preceding 3 years, conservation and
management measures, including catch and other data reporting
obligations and requirements, required under an international
fishery management agreement.
``(C) Any nation that is failing, or has failed in the
preceding 3-year period, to effectively address or regulate
illegal, unreported, or unregulated fishing within its fleets
in any areas where its vessels are fishing.
``(D) Any nation that fails to discharge duties incumbent
upon it under international law or practice as a flag, port,
or coastal state to take action to prevent, deter, and
eliminate illegal, unreported, or unregulated fishing.
``(E) Any nation that provides subsidies that--
``(i) contribute to illegal, unreported, or unregulated
fishing or increased capacity and overfishing at
proportionally higher rates than subsidies that promote
fishery resource conservation and management; or
``(ii) that otherwise undermine the effectiveness of any
international fishery conservation program.
``(F) Any nation that has been identified as having human
trafficking, including forced labor, in any part of the
seafood supply chain in the most recent Trafficking in
Persons Report issued by the Department of State in
accordance with the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7101 et seq.).
``(G) Any nation that has been identified as producing
seafood-related goods through forced labor or oppressive
child labor in the most recent List of Goods Produced by
Child Labor or Forced Labor in accordance with the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.).
``(H) Any nation that has been identified as at risk for
human trafficking, including forced labor, in their seafood
catching and processing industries in the report required in
section 3563 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
``(3) Warning.--The Secretary shall issue a warning to each
nation identified under this subsection.
``(4) Timing.--The Secretary shall make an identification
under paragraph (1) or (2) at any time that the Secretary has
sufficient information to make such identification.''.
(b) Illegal, Unreported, or Unregulated Certification
Determination.--Section 609(d) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)), as
amended by this Act, is further amended to read as follows:
``(d) IUU Certification Procedure.--
``(1) Certification determination.--
``(A) In general.--The Secretary shall establish a
procedure for certifying whether a nation identified under
subsection (b) has taken appropriate corrective action with
respect to the offending activities identified under section
(b) that has led to measurable improvements in the reduction
of illegal, unreported, or unregulated fishing and any
underlying regulatory, policy, or practice failings or gaps
that may have contributed to such identification.
``(B) Opportunity for comment.--The Secretary shall ensure
that the procedure established under subparagraph (A)
provides for notice and an opportunity for comment by the
identified nation.
``(C) Determination.--The Secretary shall, consistent with
such procedure, determine and certify to the Congress not
later than 90 days after the date on which the Secretary
issues a final rule containing the procedure, and biennially
thereafter--
``(i) whether the government of each nation identified
under subsection (b) has provided documentary evidence that
such nation has taken corrective action with respect to such
identification; or
``(ii) whether the relevant international fishery
management organization has taken corrective action that has
ended the illegal, unreported, or unregulated fishing
activity by vessels of that nation.
``(2) Alternative procedure.--The Secretary may establish a
procedure to authorize, on a shipment-by-shipment, shipper-
by-shipper, or other basis the importation of fish or fish
products from a fishery within a nation issued a negative
certification under paragraph (1) if the Secretary--
``(A) determines the fishery has not engaged in illegal,
unreported, or unregulated fishing under an international
fishery management agreement to which the United States is a
party;
``(B) determines the fishery is not identified by an
international fishery management organization as
participating in illegal, unreported, or unregulated fishing
activities; and
``(C) ensures that any such seafood or seafood products
authorized for entry under this section are imported
consistent with the reporting and the recordkeeping
requirements of Seafood Import Monitoring Program described
in part 300.324(b) of title 50, Code of Federal Regulations
(or any successor regulation).
``(3) Effect of certification determination.--
``(A) Effect of negative certification.--The provisions of
subsections (a) and (b)(3) and (4) of section 101 of the High
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)
and (b)(3) and (4)) shall apply to any nation that, after
being identified and warned under subsection (b) has failed
to take the appropriate corrective actions for which the
Secretary has issued a negative certification under this
subsection.
``(B) Effect of positive certification.--The provisions of
subsections (a) and (b)(3) and (4) of section 101 of the High
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)
and (b)(3) and (4)) shall not apply to any nation identified
under subsection (a) for which the Secretary has issued a
positive certification under this subsection.''.
SEC. __03A. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING
DEFINED.
(a) Definition of Illegal, Unreported, or Unregulated
Fishing in the High Seas Driftnet Fishing Moratorium
Protection Act.--Section 609(e) of the High Seas
[[Page S5423]]
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(e)), as amended by this Act, is further amended to read
as follows:
``(e) Illegal, Unreported, or Unregulated Fishing
Defined.--In this title, the term `illegal, unreported, or
unregulated fishing' means any activity set out in paragraph
3 of the 2001 Food and Agriculture Organization International
Plan of Action to Prevent, Deter and Eliminate Illegal,
Unreported, and Unregulated Fishing.''.
(b) Definition of Illegal, Unreported, or Unregulated
Fishing in the Magnuson-Stevens Fishery Conservation and
Management Act.--Section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802) is amended
by adding at the end the following:
``(51) The term `illegal, unreported, or unregulated
fishing' means any activity set out in paragraph 3 of the
2001 Food and Agriculture Organization International Plan of
Action to Prevent, Deter and Eliminate Illegal, Unreported,
and Unregulated Fishing.''.
(c) Rule of Construction.--In construing the term
``illegal, unreported, or unregulated fishing'' for purposes
of the High Seas Driftnet Fishing Moratorium Protection Act
and the Magnuson-Stevens Fishery Conservation and Management
Act, the Secretary shall follow internationally recognized
labor rights stated in the International Labour Organization
Declaration on Fundamental Principles and Rights at Work and
its Follow-Up (1998), including--
(1) freedom of association and the effective recognition of
the right to collective bargaining;
(2) the elimination of all forms of forced or compulsory
labor;
(3) the effective abolition of oppressive child labor, a
prohibition on the worst forms of child labor, and other
labor protections for children and minors;
(4) the elimination of discrimination in respect of
employment and occupation; and
(5) acceptable conditions of work with respect to minimum
wages, hours of work, and occupational safety and health.
SEC. __03B. EQUIVALENT CONSERVATION MEASURES.
(a) Identification.--Section 610(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(a)), as amended by this Act, is further amended to read
as follows:
``(a) Identification.--
``(1) In general.--The Secretary shall identify and list in
the report under section 607--
``(A) a nation if--
``(i) any fishing vessel of that country is engaged, or has
been engaged during the preceding 3 years in fishing
activities or practices on the high seas or within the
exclusive economic zone of any country, that have resulted in
bycatch of a protected living marine resource; and
``(ii) the vessel's flag state has not adopted,
implemented, and enforced a regulatory program governing such
fishing designed to end or reduce such bycatch that is
comparable to the regulatory program of the United States;
and
``(B) a nation if--
``(i) any fishing vessel of that country is engaged, or has
engaged during the preceding 3 years, in fishing activities
on the high sees or within the exclusive economic zone of
another country that target or incidentally catch sharks; and
``(ii) the vessel's flag state has not adopted,
implemented, and enforced a regulatory program to provide for
the conservation of sharks, including measures to prohibit
removal of any of the fins of a shark, including the tail,
before landing the shark in port that is comparable to that
of the United States.
``(2) Timing.--The Secretary shall make an identification
under paragraph (1) at any time that the Secretary has
sufficient information to make such identification.''.
(b) Consultation and Negotiation.--Section 610(b) of the
High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826k(b)), as amended by this Act, is further amended
to read as follows:
``(b) Consultation and Negotiation.--The Secretary of
State, acting in conjunction with the Secretary, shall--
``(1) notify, as soon as possible, the President, nations
that have been identified under subsection (a), and other
nations whose vessels engage in fishing activities or
practices described in subsection (a), about the provisions
of this Act;
``(2) initiate discussions as soon as possible with all
foreign countries which are engaged in, or a fishing vessel
of which has engaged in, fishing activities described in
subsection (a), for the purpose of entering into bilateral
and multilateral treaties with such countries to protect such
species and to address any underlying failings or gaps that
may have contributed to identification under this Act;
``(3) seek agreements calling for international
restrictions on fishing activities or practices described in
subsection (a) through the United Nations, the Food and
Agriculture Organization's Committee on Fisheries, and
appropriate international fishery management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such
treaty consistent with the purposes and policies of this
section.''.
(c) Conservation Certification Procedure.--Section 610(c)
of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826k(c)), as amended by this Act, is further
amended--
(1) in subparagraph (A) of paragraph (1), by striking ``,
taking into account different conditions,'';
(2) in paragraph (2), by inserting ``the public and'' after
``comment by'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking ``, taking into
account different conditions'';
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensures that any such fish or fish products
authorized for entry under this section are imported
consistent with the reporting and the recordkeeping
requirements of the Seafood Import Monitoring Program
established by part 300.324(b) of title 50, Code of Federal
Regulations (or any successor regulations).''; and
(4) in paragraph (5), by striking ``(except to the extent
that such provisions apply to sport fishing equipment or fish
or fish products not caught by the vessels engaged in
illegal, unreported, or unregulated fishing)''.
(d) Definition of Protected Living Marine Resource.--
Section 610(e) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826k(e)), as amended by this Act,
is further amended by striking paragraph (1) and inserting
the following:
``(1) except as provided in paragraph (2), means nontarget
fish, sea turtles, seabirds, or marine mammals that are
protected under United States law or international agreement,
including--
``(A) the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(C) the Shark Finning Prohibition Act (16 U.S.C. 1822
note), including amendments made by that Act; and
``(D) the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, done at Washington March 3,
1973 (27 UST 1087, TIAS 8249); but''.
SEC. __03C. REGULATIONS.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall promulgate regulations implementing
this chapter.
CHAPTER 3--MARITIME AWARENESS
SEC. __04. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.
(a) Requirement for Fishing Vessels To Have Automatic
Identification Systems.--Section 70114(a)(1) of title 46,
United States Code, is amended--
(1) by striking ``, while operating on the navigable waters
of the United States,''
(2) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv);
(3) by inserting before clauses (i) through (iv), as
redesignated by paragraph (2), the following:
``(A) While operating on the navigable waters of the United
States:''; and
(4) by adding at the end the following:
``(B) A vessel of the United States that is more than 65
feet overall in length, while engaged in fishing, fish
processing, or fish tendering operations on the navigable
waters of the United States or in the United States exclusive
economic zone.''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Commerce for fiscal
year 2023, $5,000,000, to remain available until expended, to
purchase automatic identification systems for fishing
vessels, fish processing vessels, fish tender vessels more
than 50 feet in length, as described under this subtitle and
the amendments made by this subtitle.
Subtitle B--Driftnet Modernization and Bycatch Reduction
SEC. __12. DEFINITION.
Section 3(25) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1802(25)) is amended by
inserting ``, or with a mesh size of 14 inches or greater,''
after ``more''.
SEC. __12A. FINDINGS AND POLICY.
(a) Findings.--Section 206(b) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1826(b))
is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(8) within the exclusive economic zone, large-scale
driftnet fishing that deploys nets with large mesh sizes
causes significant entanglement and mortality of living
marine resources, including myriad protected species, despite
limitations on the lengths of such nets.''.
(b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1826(c)) is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) prioritize the phase-out of large-scale driftnet
fishing in the exclusive economic zone and promote the
development and adoption of alternative fishing methods and
gear types that minimize the incidental catch of living
marine resources.''.
SEC. __12B. TRANSITION PROGRAM.
Section 206 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1826) is amended by adding at
the end the following:
``(i) Fishing Gear Transition Program.--
``(1) In general.--During the 5-year period beginning on
the date of enactment of this
[[Page S5424]]
subsection, the Secretary shall conduct a transition program
to facilitate the phase-out of large-scale driftnet fishing
and adoption of alternative fishing practices that minimize
the incidental catch of living marine resources, and shall
award grants to eligible permit holders who participate in
the program.
``(2) Permissible uses.--Any permit holder receiving a
grant under paragraph (1) may use such funds only for the
purpose of covering--
``(A) any fee originally associated with a permit
authorizing participation in a large-scale driftnet fishery,
if such permit is surrendered for permanent revocation, and
such permit holder relinquishes any claim associated with the
permit;
``(B) a forfeiture of fishing gear associated with a permit
described in subparagraph (A); or
``(C) the purchase of alternative gear with minimal
incidental catch of living marine resources, if the fishery
participant is authorized to continue fishing using such
alternative gears.
``(3) Certification.--The Secretary shall certify that,
with respect to each participant in the program under this
subsection, any permit authorizing participation in a large-
scale driftnet fishery has been permanently revoked and that
no new permits will be issued to authorize such fishing.''.
SEC. __12C. EXCEPTION.
Section 307(1)(M) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857(1)(M)) is
amended by inserting before the semicolon the following: ``,
unless such large-scale driftnet fishing--
``(i) deploys, within the exclusive economic zone, a net
with a total length of less than 2\1/2\ kilometers and a mesh
size of 14 inches or greater; and
``(ii) is conducted not later than 5 years after the date
of enactment of this clause.''.
SEC. __12D. FEES.
(a) In General.--The North Pacific Fishery Management
Council may recommend, and the Secretary of Commerce may
approve, regulations necessary for the collection of fees
from charter vessel operators who guide recreational anglers
who harvest Pacific halibut in International Pacific Halibut
Commission regulatory areas 2C and 3A as those terms are
defined in part 300 of title 50, Code of Federal Regulations
(or any successor regulations).
(b) Use of Fees.--Any fees collected under this section
shall be available for the purposes of--
(1) financing administrative costs of the Recreational
Quota Entity program;
(2) the purchase of halibut quota shares in International
Pacific Halibut Commission regulatory areas 2C and 3A by the
recreational quota entity authorized in part 679 of title 50,
Code of Federal Regulations (or any successor regulations);
(3) halibut conservation and research; and
(4) promotion of the halibut resource by the recreational
quota entity authorized in part 679 of title 50, Code of
Federal Regulations (or any successor regulations).
(c) Limitation on Collection and Availability.--Fees shall
be collected and available pursuant to this section only to
the extent and in such amounts as provided in advance in
appropriations Acts, subject to subsection (d).
(d) Fee Collected During Start-up Period.--Notwithstanding
subsection (c), fees may be collected through the date of
enactment of an Act making appropriations for the activities
authorized under this title through September 30, 2023, and
shall be available for obligation and remain available until
expended.
Subtitle C--Marine Mammal Research and Response
SEC. __13. DATA COLLECTION AND DISSEMINATION.
Section 402 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or entangled''
after ``stranded'';
(B) in paragraph (3)--
(i) by striking ``strandings,'' and inserting ``strandings
and entanglements, including unusual mortality events,'';
(ii) by inserting ``stranding'' before ``region''; and
(iii) by striking ``marine mammals; and'' and inserting
``marine mammals and entangled marine mammals to allow
comparison of the causes of illness and deaths in stranded
marine mammals and entangled marine mammals with physical,
chemical, and biological environmental parameters; and''; and
(C) in paragraph (4), by striking ``analyses, that would
allow comparison of the causes of illness and deaths in
stranded marine mammals with physical, chemical, and
biological environmental parameters.'' and inserting
``analyses.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Information Required To Be Submitted and Collected.--
``(1) In general.--After each response to a stranding or
entanglement event, the Secretary shall collect (including
from any staff of the National Oceanic and Atmospheric
Administration that respond directly to such an event), and
shall require each stranding network participant who responds
to that stranding or entanglement to submit to the
Administrator of the National Oceanic and Atmospheric
Administration--
``(A) data on the stranding event, including NOAA Form 89-
864 (OMB #0648-0178), NOAA Form 89-878 (OMB #0648-0178),
similar successor forms, or similar information in an
appropriate format required by the United States Fish and
Wildlife Service for species under its management authority;
``(B) supplemental data to the data described in
subparagraph (A), which may include, as available, relevant
information about--
``(i) weather and tide conditions;
``(ii) offshore human, predator, or prey activity;
``(iii) morphometrics;
``(iv) behavior;
``(v) health assessments;
``(vi) life history samples; or
``(vii) stomach and intestinal contents; and
``(C) data and results from laboratory analysis of tissues,
which may include, as appropriate and available--
``(i) histopathology;
``(ii) toxicology;
``(iii) microbiology;
``(iv) virology; or
``(v) parasitology.
``(2) Timeline.--A stranding network participant shall
submit--
``(A) the data described in paragraph (1)(A) not later than
30 days after the date of a response to a stranding or
entanglement event;
``(B) the compiled data described in paragraph (1)(B) not
later than 30 days after the date on which the data is
available to the stranding network participant; and
``(C) the compiled data described in paragraph (1)(C) not
later than 30 days after the date on which the laboratory
analysis has been reported to the stranding network
participant.
``(d) Availability of Data.--
``(1) In general.--The Secretary shall develop a program to
make information, including any data and metadata collected
under paragraphs (3) or (4) of subsection (b) or subsection
(c), available to researchers, stranding network
participants, and the public--
``(A) to improve real-time coordination of response to
stranding and entanglement events across geographic areas and
between stranding coordinators;
``(B) to identify and quickly disseminate information on
potential public health risks;
``(C) to facilitate integrated interdisciplinary research;
``(D) to facilitate peer-reviewed publications;
``(E) to archive regional data into 1 national database for
future analyses; and
``(F) for education and outreach activities.
``(2) Access to data.--The Secretary shall ensure that any
data or metadata collected under subsection (c)--
``(A) by staff of the National Oceanic and Atmospheric
Administration that responded directly to a stranding or
entanglement event is available to the public through the
Health MAP and the Observation System not later than 30 days
after that data or metadata is collected by, available to, or
reported to the Secretary; and
``(B) by a stranding network participant that responded
directly to a stranding or entanglement event is made
available to the public through the Health MAP and the
Observation System not later than 2 years after the date on
which that data is submitted to the Secretary under
subsection (c).
``(3) Exceptions.--
``(A) Written release.--Notwithstanding paragraph (2)(B),
the Secretary may make data described in paragraph (2)(B)
publicly available earlier than 2 years after the date on
which that data is submitted to the Secretary under
subsection (c), if the stranding network participant has
completed a written release stating that such data may be
made publicly available.
``(B) Law enforcement.--Notwithstanding paragraph (2), the
Secretary may withhold data for a longer period than the
period of time described in paragraph (2) in the event of a
law enforcement action or legal action that may be related to
that data.
``(e) Standards.--The Secretary, in consultation with the
marine mammal stranding community, shall--
``(1) make publicly available guidance about uniform data
and metadata standards to ensure that data collected in
accordance with this section can be archived in a form that
is readily accessible and understandable to the public
through the Health MAP and the Observation System; and
``(2) periodically update such guidance.
``(f) Management Policy.--In collaboration with the
regional stranding networks, the Secretary shall develop, and
periodically update, a data management and public outreach
collaboration policy for stranding or entanglement events.''.
SEC. __13A. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.
(a) In General.--Section 403 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1421b) is amended--
(1) in the section heading by inserting ``or entanglement''
before ``response'';
(2) in subsection (a), by striking the period at the end
and inserting ``or entanglement.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) include a description of the data management and
public outreach policy established under section 402(f).''.
[[Page S5425]]
(b) Table of Contents Amendment.--The table of contents in
the first section of the Marine Mammal Protection Act of 1972
(Public Law 92-522; 86 Stat. 1027) is amended by striking the
item related to section 403 and inserting the following:
``Sec. 403. Stranding or entanglement response agreements.''.
SEC. __13B. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
Section 405 the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421d) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Uses.--Amounts in the Fund--
``(1) shall be available only for use by the Secretary, in
consultation with the Secretary of the Interior, and
dispersed among claimants based on budgets approved by the
Secretary prior to expenditure--
``(A) to make advance, partial, or progress payments under
contracts or other funding mechanisms for property, supplies,
salaries, services, and travel costs incurred in acting in
accordance with the contingency plan issued under section
404(b) or under the direction of an Onsite Coordinator for an
unusual mortality event designated under section
404(a)(2)(B)(iii);
``(B) for reimbursing any stranding network participant for
costs incurred in the collection, preparation, analysis, and
transportation of marine mammal tissues and samples collected
with respect to an unusual mortality event for the Tissue
Bank; and
``(C) for the care and maintenance of a marine mammal
seized under section 104(c)(2)(D); and
``(2) shall remain available until expended.''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) not more than $250,000 per year, as determined by the
Secretary of Commerce, from sums collected as fines,
penalties, or forfeitures of property by the Secretary of
Commerce for violations of any provision of this Act; and
``(5) sums received from emergency declaration grants for
marine mammal conservation.''.
SEC. __13C. LIABILITY.
Section 406(a) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1421e(a)) is amended, in the matter preceding
paragraph (1)--
(1) by inserting ``or entanglement'' after ``to a
stranding''; and
(2) by striking ``government'' and inserting
``Government''.
SEC. __13D. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE
ANALYSIS.
Section 407 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421f) is amended--
(1) in subsection (c)(2)(A), by striking ``the health of
marine mammals and'' and inserting ``marine mammal health and
mortality and the health of''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by inserting ``public'' before ``access''.
SEC. __13E. MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM
AND RAPID RESPONSE FUND.
(a) In General.--Section 408 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1421f-1) is amended--
(1) by striking the section heading and inserting ``marine
mammal rescue and response grant program and rapid response
fund'';
(2) by striking subsections (a) through (d) and subsections
(f) through (h);
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting before subsection (f), as redesignated by
paragraph (3), the following:
``(a) Definitions.--In this section:
``(1) Emergency assistance.--
``(A) In general.--The term `emergency assistance' means--
``(i) financial assistance provided to respond to, or that
results from, a stranding event or entanglement event that--
``(I) causes an immediate increase in the cost of a
response, recovery, or rehabilitation that is greater than
the usual cost of a response, recovery, or rehabilitation;
``(II) is cyclical or endemic; or
``(III) involves a marine mammal that is out of the normal
range for that marine mammal; or
``(ii) financial assistance provided to respond to, or that
results from, a stranding event or an entanglement event that
the appropriate Secretary or State or Tribal government
considers to be an emergency.
``(B) Exclusions.--The term `emergency assistance' does not
include financial assistance to respond to an unusual
mortality event.
``(2) Secretary.--The term `Secretary' has the meaning
given that term in section 3(12)(A).
``(3) Stranding region.--The term `stranding region' means
a geographic region designated by the applicable Secretary
for purposes of administration of this title.
``(b) John H. Prescott Marine Mammal Rescue and Response
Grant Program.--
``(1) In general.--Subject to the availability of
appropriations or other funding, the applicable Secretary
shall carry out a grant program, to be known as the `John H.
Prescott Marine Mammal Rescue and Response Grant Program'
(referred to in this section as the `grant program'), to
award grants to eligible stranding network participants or
stranding network collaborators, as described in this
subsection.
``(2) Purposes.--The purposes of the grant program are to
provide for--
``(A) the recovery, care, or treatment of sick, injured, or
entangled marine mammals;
``(B) responses to marine mammal stranding events that
require emergency assistance;
``(C) the collection of data and samples from living or
dead stranded marine mammals for scientific research or
assessments regarding marine mammal health;
``(D) facility operating costs that are directly related to
activities described in subparagraph (A), (B), or (C); and
``(E) development of stranding network capacity, including
training for emergency response, where facilities do not
exist or are sparse.
``(3) Contract, grant, and cooperative agreement
authority.--
``(A) In general.--The applicable Secretary may enter into
a contract, grant, or cooperative agreement with any eligible
stranding network participant or stranding network
collaborator, as the Secretary determines to be appropriate,
for the purposes described in paragraph (2).
``(B) Emergency award flexibility.--Following a request for
emergency award flexibility and analysis of the merits of and
necessity for such a request, the applicable Secretary may--
``(i) amend any contract, grant, or cooperative agreement
entered into under this paragraph, including provisions
concerning the period of performance; or
``(ii) waive the requirements under subsection (f) for
grant applications submitted during the provision of
emergency assistance.
``(4) Equitable distribution of funds.--
``(A) In general.--The Secretary shall ensure, to the
extent practicable, that funds awarded under the grant
program are distributed equitably among the stranding
regions.
``(B) Considerations.--In determining priorities among the
stranding regions under this paragraph, the Secretary may
consider--
``(i) equitable distribution within the stranding regions,
including the subregions (including the Gulf of Mexico);
``(ii) any episodic stranding, entanglement, or mortality
events, except for unusual mortality events, that occurred in
any stranding region in the preceding year;
``(iii) any data with respect to average annual stranding,
entanglements, and mortality events per stranding region;
``(iv) the size of the marine mammal populations inhabiting
a stranding region;
``(v) the importance of the region's marine mammal
populations to the well-being of indigenous communities; and
``(vi) the conservation of protected, depleted, threatened,
or endangered marine mammal species.
``(C) Strandings.--For the purposes of the grant program,
priority is to be given to applications focusing on marine
mammal strandings.
``(5) Application.--To be eligible for a grant under the
grant program, a stranding network participant shall--
``(A) submit an application in such form and manner as the
applicable Secretary prescribes; and
``(B) be in compliance with the data reporting requirements
under section 402(d) and any applicable reporting
requirements of the United States Fish and Wildlife Service
for species under its management jurisdiction.
``(6) Grant criteria.--The Secretary shall, in consultation
with the Marine Mammal Commission, a representative from each
of the stranding regions, and other individuals who represent
public and private organizations that are actively involved
in rescue, rehabilitation, release, scientific research,
marine conservation, and forensic science with respect to
stranded marine mammals under that Department's jurisdiction,
develop criteria for awarding grants under their respective
grant programs.
``(7) Limitations.--
``(A) Maximum grant amount.--No grant made under the grant
program for a single award may exceed $150,000 in any 12-
month period.
``(B) Unexpended funds.--Any funds that have been awarded
under the grant program but that are unexpended at the end of
the 12-month period described in subparagraph (A) shall
remain available until expended.
``(8) Administrative costs and expenses.--The Secretary's
administrative costs and expenses related to reviewing and
awarding grants under the grant program, in any fiscal year
may not exceed the greater of--
``(A) 6 percent of the amounts made available each fiscal
year to carry out the grant program; or
``(B) $80,000.
``(9) Transparency.--The Secretary shall make publicly
available a list of grant proposals for the upcoming fiscal
year, funded grants, and requests for grant flexibility under
this subsection.
``(c) Joseph R. Geraci Marine Mammal Rescue and Rapid
Response Fund.--
``(1) In general.--There is established in the Treasury of
the United States an interest-bearing fund, to be known as
the `Joseph R. Geraci Marine Mammal Rescue and Rapid Response
Fund' (referred to in this section as the `Rapid Response
Fund').
[[Page S5426]]
``(2) Use of funds.--Amounts in the Rapid Response Fund
shall be available only for use by the Secretary to provide
emergency assistance.
``(d) Authorization of Appropriations.--
``(1) In general.--
``(A) Authorization of appropriations.--There is authorized
to be appropriated to carry out the grant program $7,000,000
for each of fiscal years 2021 through 2026, to remain
available until expended, of which for each fiscal year--
``(i) $6,000,000 is authorized to be appropriated to the
Secretary of Commerce; and
``(ii) $1,000,000 is authorized to be appropriated to the
Secretary of the Interior.
``(B) Derivation of funds.--Funds to carry out the
activities under this section shall be derived from amounts
authorized to be appropriated pursuant to subparagraph (A)
that are enacted after the date of enactment of this
subsection.
``(2) Joseph r. geraci marine mammal rescue and rapid
response fund.--There is authorized to be appropriated to the
Rapid Response Fund $500,000 for each of fiscal years 2022
through 2026.
``(e) Acceptance of Donations.--For the purposes of
carrying out this section, the Secretary may solicit, accept,
receive, hold, administer, and use gifts, devises, and
bequests without any further approval or administrative
action.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the Marine Mammal Protection Act of 1972
(Public Law 92-522) is further amended by striking the item
related to section 408 and inserting the following:
``Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.''.
SEC. __13F. HEALTH MAP.
(a) In General.--Title IV of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421 et seq.) is amended by inserting
after section 408 the following:
``SEC. 408A. MARINE MAMMAL HEALTH MONITORING AND ANALYSIS
PLATFORM (HEALTH MAP).
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, in consultation with the Secretary of the
Interior and the Marine Mammal Commission, shall--
``(1) establish a marine mammal health monitoring and
analysis platform (referred to in this Act as the `Health
MAP');
``(2) incorporate the Health MAP into the Observation
System; and
``(3) make the Health MAP--
``(A) publicly accessible through the web portal of the
Observation System; and
``(B) interoperable with other national data systems or
other data systems for management or research purposes, as
practicable.
``(b) Purposes.--The purposes of the Health MAP are--
``(1) to promote--
``(A) interdisciplinary research among individuals with
knowledge and experience in marine mammal science, marine
mammal veterinary and husbandry practices, medical science,
and oceanography, and with other marine scientists;
``(B) timely and sustained dissemination and availability
of marine mammal health, stranding, entanglement, and
mortality data;
``(C) identification of spatial and temporal patterns of
marine mammal mortality, disease, and stranding;
``(D) evaluation of marine mammal health in terms of
mortality, as well as sublethal marine mammal health impacts;
``(E) improved collaboration and forecasting of marine
mammal and larger ecosystem health events;
``(F) rapid communication and dissemination of information
regarding marine mammal strandings that may have implications
for human health, such as those caused by harmful algal
blooms; and
``(G) increased accessibility of data in a user friendly
visual interface for public education and outreach; and
``(2) to contribute to an ocean health index that
incorporates marine mammal health data.
``(c) Requirements.--The Health MAP shall--
``(1) integrate in situ, remote, and other marine mammal
health, stranding, and mortality data, including
visualizations and metadata, collected by marine mammal
stranding networks, Federal, State, local, territorial, and
Tribal governments, private partners, and academia; and
``(2) be designed--
``(A) to enhance data and information availability,
including data sharing among stranding network participants,
scientists, and the public within and across stranding
network regions;
``(B) to facilitate data and information access across
scientific disciplines, scientists, and managers;
``(C) to facilitate public access to national and regional
marine mammal health, stranding, entanglement, and mortality
data, including visualizations and metadata, through the
national and regional data portals of the Observation System;
and
``(D) in collaboration with, and with input from, States
and stranding network participants.
``(d) Procedures and Guidelines.--The Secretary shall
establish and implement policies, protocols, and standards
for--
``(1) reporting marine mammal health data collected by
stranding networks consistent with subsections (c) and (d) of
section 402;
``(2) promptly transmitting health data from the stranding
networks and other appropriate data providers to the Health
MAP;
``(3) disseminating and making publicly available data on
marine mammal health, stranding, entanglement, and mortality
data in a timely and sustained manner; and
``(4) integrating additional marine mammal health,
stranding, or other relevant data as the Secretary determines
appropriate.
``(e) Consultation.--The Administrator of the National
Oceanic and Atmospheric Administration shall maintain and
update the Health MAP in consultation with the Secretary of
the Interior and the Marine Mammal Commission.
``(f) Contributions.--For purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold,
administer, and use gifts, devises, and bequests without any
further approval or administrative action.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the Marine Mammal Protection Act of 1972
(Public Law 92-522) is further amended by inserting after the
item related to section 408 the following:
``Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform
(Health MAP).''.
SEC. __13G. REPORTS TO CONGRESS.
(a) In General.--Title IV of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421 et seq.) is further amended by
inserting after section 408A the following:
``SEC. 408B. REPORTS TO CONGRESS.
``(a) Definition of Appropriate Committees of Congress.--In
this section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(2) the Committee on Natural Resources of the House of
Representatives.
``(b) Health MAP Status Report.--
``(1) In general.--Not later than 2 year after the date of
enactment of this section, the Administrator of the National
Oceanic and Atmospheric Administration, in consultation with
the Marine Mammal Commission, the Secretary of the Interior,
and the National Ocean Research Leadership Council, shall
submit to the appropriate committees of Congress a report
describing the status of the Health MAP.
``(2) Requirements.--The report under paragraph (1) shall
include--
``(A) a detailed evaluation of the data made publicly
available through the Health MAP;
``(B) a detailed list of any gaps in data collected
pursuant to the Health MAP, a description of the reasons for
those gaps, and recommended actions to close those gaps;
``(C) an analysis of the effectiveness of using the website
of the Observation System as the platform to collect,
organize, visualize, archive, and disseminate marine mammal
stranding and health data;
``(D) a list of publications, presentations, or other
relevant work product resulting from, or produced in
collaboration with, the Health MAP;
``(E) a description of emerging marine mammal health
concerns and the applicability of those concerns to human
health;
``(F) an analysis of the feasibility of the Observation
System being used as an alert system during stranding events,
entanglement events, and unusual mortality events for the
stranding network, Observation System partners, Health MAP
partners, Federal and State agencies, and local, territorial,
and Tribal governments;
``(G) an evaluation of the use of Health MAP data to
predict broader ecosystem events and changes that may impact
marine mammal or human health and specific examples of proven
or potential uses of Observation System data for those
purposes; and
``(H) recommendations for the Health MAP with respect to--
``(i) filling any identified data gaps;
``(ii) standards that could be used to improve data
quality, accessibility, transmission, interoperability, and
sharing;
``(iii) any other strategies that would contribute to the
effectiveness and usefulness of the Health MAP; and
``(iv) the funding levels needed to maintain and improve
the Health MAP.
``(c) Data Gap Analysis.--
``(1) In general.--Not later than 5 years after the date on
which the report required under subsection (b)(1) is
submitted, and every 10 years thereafter, the Administrator
of the National Oceanic and Atmospheric Administration, in
consultation with the Marine Mammal Commission and the
Secretary of Commerce, shall--
``(A) make publicly available a report on the data gap
analysis described in paragraph (2); and
``(B) provide a briefing to the appropriate committees of
Congress concerning that data gap analysis.
``(2) Requirements.--The data gap analysis under paragraph
(1) shall include--
``(A) an overview of existing participants within a marine
mammal stranding network;
``(B) an identification of coverage needs and participant
gaps within a network;
``(C) an identification of data and reporting gaps from
members of a network; and
``(D) an analysis of how stranding and health data are
shared and made available to scientists, academics, State,
local, territorial, and Tribal governments, and the public.
[[Page S5427]]
``(d) Marine Mammal Response Capabilities in the Arctic.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator of the National
Oceanic and Atmospheric Administration, the Director of the
United States Fish and Wildlife Service, and the Director of
the United States Geologic Survey, in consultation with the
Marine Mammal Commission and the Secretary of the Interior,
shall--
``(A) make publicly available a report describing the
response capabilities for sick and injured marine mammals in
the Arctic regions of the United States; and
``(B) provide a briefing to the appropriate committees of
Congress on that report.
``(2) Arctic.--The term `Arctic' has the meaning given the
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
``(3) Requirements.--The report under paragraph (1) shall
include--
``(A) a description, developed in consultation with the
Director of the United States Fish and Wildlife Service, of
all marine mammal stranding agreements in place for the
Arctic region of the United States, including species
covered, response capabilities, facilities and equipment, and
data collection and analysis capabilities;
``(B) a list of State and local government agencies that
have personnel trained to respond to marine mammal strandings
in the Arctic region of the United States;
``(C) an assessment of potential response and data
collection partners and sources of local information and
knowledge, including Alaska Native people and villages;
``(D) an analysis of spatial and temporal trends in marine
mammal strandings and unusual mortality events that are
correlated with changing environmental conditions in the
Arctic region of the United States;
``(E) a description of training and other resource needs to
meet emerging response requirements in the Arctic region of
the United States;
``(F) an analysis of oiled marine mammal response and
rehabilitation capabilities in the Arctic region of the
United States, including personnel, equipment, facilities,
training, and husbandry capabilities, and an assessment of
factors that affect response and rehabilitation success
rates; and
``(G) recommendations to address future stranding response
needs for marine mammals in the Arctic region of the United
States.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the Marine Mammal Protection Act of 1972
(Public Law 92-522) is further amended by inserting after the
item related to section 408A the following:
``Sec. 408B. Reports to Congress.''.
SEC. __13H. AUTHORIZATION OF APPROPRIATIONS.
Section 409 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421g) is amended--
(1) in paragraph (1), by striking ``1993 and 1994;'' and
inserting ``2022 through 2026;'';
(2) in paragraph (2), by striking ``1993 and 1994;'' and
inserting ``2022 through 2026;''; and
(3) in paragraph (3), by striking ``fiscal year 1993.'' and
inserting ``for each of fiscal years 2022 through 2026.''.
SEC. __13I. DEFINITIONS.
Section 410 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421h) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2), (5), (6), (7), (8), and (9), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) The term `entangle' or `entanglement' means an event
in the wild in which a living or dead marine mammal has gear,
rope, line, net, or other material wrapped around or attached
to the marine mammal and is--
``(A) on lands under the jurisdiction of the United States,
including beaches and shorelines; or
``(B) in waters under the jurisdiction of the United
States, including any navigable waters.'';
(3) in paragraph (2) (as so redesignated) by striking ``The
term'' and inserting ``Except as used in section 408, the
term'';
(4) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) The term `Health MAP' means the Marine Mammal Health
Monitoring and Analysis Platform established under section
408A(a)(1).
``(4) The term `Observation System' means the National
Integrated Coastal and Ocean Observation System established
under section 12304 of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3603).''.
SEC. __13J. STUDY ON MARINE MAMMAL MORTALITY.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Under Secretary of Commerce for
Oceans and Atmosphere shall, in consultation with the
Secretary of the Interior and the Marine Mammal Commission,
conduct a study evaluating the connections among marine heat
waves, frequency and intensity of harmful algal blooms, prey
availability, and habitat degradation, and the impacts of
these conditions on marine mammal mortality.
(b) Report.--The Under Secretary of Commerce for Oceans and
Atmosphere, in consultation with the Secretary of the
Interior and the Marine Mammal Commission, shall prepare,
post to a publicly available website, and brief the
appropriate committees of Congress on, a report containing
the results of the study described in subsection (a). The
report shall identify priority research activities,
opportunities for collaboration, and current gaps in effort
and resource limitations related to advancing scientific
understanding of how ocean heat waves, harmful algae blooms,
availability of prey, and habitat degradation impact marine
mammal mortality. The report shall include recommendations
for policies needed to mitigate and respond to mortality
events.
Subtitle D--Reauthorization of Coral Reef Conservation Act of 2000
SEC. __14. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF
2000.
(a) Purposes; Federal Coral Reef Management and Restoration
Activities.--The Coral Reef Conservation Act of 2000 (16
U.S.C. 6401 et seq.) is amended by striking sections 202 and
203 and inserting the following:
``SEC. 202. PURPOSES.
``The purposes of this title are--
``(1) to conserve and restore the condition of United
States coral reef ecosystems challenged by natural and human-
accelerated changes, including increasing ocean temperatures,
ocean acidification, coral bleaching, coral diseases, water
quality degradation, invasive species, and illegal,
unreported, and unregulated fishing;
``(2) to promote the science-based management and
sustainable use of coral reef ecosystems to benefit local
communities and the Nation, including through improved
integration and cooperation among Federal, State, and locally
managed jurisdictions with coral reef equities;
``(3) to develop sound scientific information on the
condition of coral reef ecosystems, continuing and emerging
threats to such ecosystems, and the efficacy of innovative
tools, technologies, and strategies to mitigate stressors and
restore such ecosystems, including evaluation criteria to
determine the effectiveness of management interventions, and
accurate mapping for coral reef restoration;
``(4) to assist in the preservation of coral reefs by
supporting science-based, consensus-driven State, Tribal,
Pacific Islander, territorial, and community-based coral reef
management, including monitoring, conservation, and
restoration projects that empower local communities, small
businesses, and nongovernmental organizations;
``(5) to provide financial resources, technical assistance,
and scientific expertise to supplement and strengthen State,
Tribal, Indigenous, and community-based management programs
and conservation and restoration projects;
``(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be
used for coral reef conservation and restoration projects;
``(7) to support the rapid and effective, science-based
assessment and response to emergencies that imminently
threaten coral reefs, such as coral disease outbreaks,
invasive species, hurricanes, marine heat waves, coral
bleaching, and other natural disasters, vessel groundings or
chemical spills, and other exigent circumstances; and
``(8) to serve as a model for advancing similar
international efforts to monitor, conserve, and restore coral
reef ecosystems in the jurisdictions of United States allies
and trading partners.
``SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION
ACTIVITIES.
``(a) In General.--The Administrator or the Secretary of
the Interior may conduct activities described in subsection
(b) to conserve and restore coral reefs and coral reef
ecosystems that are consistent with--
``(1) all applicable laws governing resource management in
Federal and State waters, including this Act;
``(2) the national coral reef resilience strategy in effect
under section 204A;
``(3) coral reef action plans in effect under section 205,
as applicable; and
``(4) coral reef emergency plans in effect under section
209, as applicable.
``(b) Activities Described.--Activities described in this
subsection are activities to conserve, research, monitor,
assess, and restore coral reefs and coral reef ecosystems in
waters managed under the jurisdiction of a Federal agency
specified in subsection (c) or in coordination with a State
in waters managed under the jurisdiction of such State,
including--
``(1) developing, including through the collection of
requisite data, high-quality and digitized maps reflecting--
``(A) current and historical live coral cover data;
``(B) coral reef habitat quality data;
``(C) priority areas for coral reef conservation to
maintain biodiversity and ecosystem structure and function,
including the reef matrix itself, that benefit coastal
communities and living marine resources;
``(D) priority areas for coral reef restoration to enhance
biodiversity and ecosystem structure and function, including
the reef matrix itself, to benefit coastal communities and
living marine resources; and
``(E) areas of concern that may require enhanced monitoring
of coral health and cover;
``(2) enhancing compliance with Federal laws that prohibit
or regulate--
``(A) the taking of coral products or species associated
with coral reefs; or
``(B) the use and management of coral reef ecosystems;
``(3) long-term ecological monitoring of coral reef
ecosystems;
[[Page S5428]]
``(4) implementing species-specific recovery plans for
listed coral species consistent with the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
``(5) restoring degraded coral reef ecosystems;
``(6) promoting ecologically sound navigation and
anchorages, including mooring buoy systems to promote
enhanced recreational access, near coral reefs;
``(7) monitoring and responding to severe bleaching or
mortality events, disease outbreaks, invasive species
outbreaks, and significant maritime accidents, including
chemical spill cleanup and the removal of grounded vessels;
``(8) conducting scientific research that contributes to
the understanding, sustainable use, and long-term
conservation of coral reefs;
``(9) enhancing public awareness, understanding, and
appreciation of coral reefs and coral reef ecosystems;
``(10) preventing or minimizing the likelihood of vessel
impacts or other physical damage to coral reefs through
navigational aids and expansion of reef-safe anchorages; and
``(11) centrally archiving, managing, and distributing data
sets and coral reef ecosystem assessments and publishing such
information on publicly available internet websites of--
``(A) the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration; and
``(B) the Task Force.
``(c) Federal Agencies Specified.--A Federal agency
specified in this subsection is one of the following:
``(1) The National Oceanic and Atmospheric Administration.
``(2) The National Park Service.
``(3) The United States Fish and Wildlife Service.
``(4) The Office of Insular Affairs.''.
(b) Additional Provisions.--The Coral Reef Conservation Act
of 2000 (16 U.S.C. 6401 et seq.) is amended by striking
sections 205 through 210 and inserting the following:
``SEC. 204A. NATIONAL CORAL REEF RESILIENCE STRATEGY.
``(a) In General.--The Administrator shall--
``(1) develop a national coral reef resilience strategy;
and
``(2) periodically, but not less frequently than every 15
years, review and revise the strategy.
``(b) Elements.--The strategy required by subsection (a)
shall include the following:
``(1) A discussion addressing--
``(A) continuing and emerging threats to the resilience of
United States coral reef ecosystems;
``(B) remaining gaps in coral reef ecosystem research,
monitoring, and assessment;
``(C) the status of management cooperation and integration
among Federal, State, Tribal, and locally managed
jurisdictions with coral reef equities;
``(D) the status of efforts to manage and disseminate
critical information, and enhance interjurisdictional data
sharing, related to research, reports, datasets, and maps;
``(E) areas of special focus, which may include--
``(i) improving natural coral recruitment;
``(ii) preventing avoidable losses of corals and their
habitat;
``(iii) enhancing the resilience of coral populations;
``(iv) supporting a resilience-based management approach;
``(v) developing, coordinating, and implementing watershed
management plans;
``(vi) building and sustaining watershed management
capacity at the local level;
``(vii) providing data essential for coral reef fisheries
management;
``(viii) building capacity for coral reef fisheries
management;
``(ix) increasing understanding of coral reef ecosystem
services;
``(x) educating the public on the importance of coral
reefs, threats to coral reefs, and solutions to such threats;
and
``(xi) evaluating intervention efficacy;
``(F) the status of conservation efforts, including the use
of marine protected areas to serve as replenishment zones
developed consistent with local practices and traditions and
in cooperation with, and with respect for the scientific,
technical, and management expertise and responsibilities of,
State fish and wildlife management agencies; and
``(G) science-based adaptive management and restoration
efforts.
``(2) A statement of national goals and objectives designed
to guide--
``(A) future Federal coral reef management and restoration
activities authorized under section 203;
``(B) conservation and restoration priorities for grants
awarded under section 213; and
``(C) research priorities for the cooperative institutes
established under section 215(c).
``(3) General templates for use by covered reef managers to
guide the development of--
``(A) coral reef action plans under section 205; and
``(B) coral reef emergency plans under section 209.
``(c) Consultations.--In developing all elements of the
strategy required by subsection (a), the Administrator
shall--
``(1) consult with the Secretary of the Interior, the Task
Force, covered States, and Tribal organizations;
``(2) engage stakeholders, including coral reef stewardship
partnerships, coral reef institutes and research centers
described in section 215(c), and coral reef conservation
grant awardees; and
``(3) solicit public review and comment regarding scoping
and the draft strategy.
``(d) Submission to Congress; Publication.--The
Administrator shall--
``(1) submit the strategy required by subsection (a) and
any revisions to the strategy to the appropriate
congressional committees; and
``(2) publish the strategy and any such revisions on
publicly available internet websites of--
``(A) the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration; and
``(B) the Task Force.
``(e) Transition Rule.--On and after the date of the
enactment of this subsection, the 2018 Coral Reef
Conservation Program Strategic Plan of the National Oceanic
and Atmospheric Administration shall be considered to be the
national coral reef resilience strategy in effect under this
section until the earlier of--
``(1) September 30, 2033; or
``(2) the date on which the Administrator develops a
national coral reef resilience strategy under this section.
``SEC. 205. CORAL REEF ACTION PLANS.
``(a) Coral Reef Action Plans.--Except as provided in
subsection (h), not later than 3 years after the date of the
enactment of this section, and not later than 2 years after
the publication of a revised national coral reef resilience
strategy under section 204A, each covered reef manager shall
prepare and submit to the Task Force a coral reef action plan
to guide management and restoration activities to be
undertaken within the responsibilities and jurisdiction of
the manager.
``(b) Requirements.--A covered reef manager preparing a
coral reef action plan under subsection (a) shall--
``(1) ensure that the plan is consistent with all elements
of the national coral reef resilience strategy in effect; and
``(2) revise the plan not less frequently than once every 5
years.
``(c) Plan Elements.--A coral reef action plan under
subsection (a) shall include a discussion of the following
elements:
``(1) Short- and mid-term coral reef conservation and
restoration objectives within the applicable jurisdiction.
``(2) An updated adaptive management framework to inform
research, monitoring, and assessment needs.
``(3) The status of any coral reef emergency plans in
effect under section 209 covering coral reef ecosystems
within the applicable jurisdiction.
``(4) Tools, strategies, and partnerships necessary to
identify, monitor, and redress the impacts of pollution,
diminished water quality, temperature fluctuations,
acidification, overfishing, disease, and other disturbances
to coral reef ecosystems within the applicable jurisdiction.
``(5) The status of efforts to improve coral reef ecosystem
management cooperation and integration among neighboring
Federal, State, Tribal, or locally managed jurisdictions,
including the identification of existing research and
monitoring activities that can be leveraged for coral reef
status and trends assessments within the applicable
jurisdiction.
``(6) An accounting of annual expenditures on coral reef
management and restoration activities within the applicable
jurisdiction while the preceding action plan, if any, was in
effect.
``(7) Estimated budgetary and resource considerations
necessary to carry out the proposed action plan.
``(d) Technical Assistance.--The Administrator and the Task
Force shall make all reasonable efforts to provide technical
assistance upon request by a covered reef manager developing
a coral reef action plan under subsection (a).
``(e) Adoption of Coral Reef Action Plans.--A covered reef
manager may adopt a coral reef action plan developed by
another covered reef manager, in full or in part, as relevant
to the adopting manager's applicable jurisdiction.
``(f) Public Review.--The development of a coral reef
action plan by a covered reef manager under subsection (a),
and the adoption of a plan under subsection (e), shall be
subject to public review and comment.
``(g) Publication.--The Administrator shall publish each
coral reef action plan prepared and submitted to the Task
Force under this section on publicly available internet
websites of--
``(1) the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration; and
``(2) the Task Force.
``(h) Applicability to Covered States and Coral Reef
Stewardship Partnerships.--A covered State or non-Federal
coral reef stewardship partnership is not required to develop
a coral reef action plan under subsection (a), but may do so
in its own discretion. In developing a coral reef action
plan, a covered State or non-Federal coral reef stewardship
partnership is encouraged, but not mandated, to comply with
the requirements of this section.
``(i) Plan in Effect.--A coral reef action plan shall be
deemed to be in effect if the plan was submitted to the Task
Force under this section during the preceding 6 years.
[[Page S5429]]
``SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.
``(a) Coral Reef Stewardship Partnerships.--The
Administrator shall establish standards for the
identification of coral reefs and the formation of
partnerships among government and community members for the
stewardship of coral reefs (in this title referred to as
`coral reef stewardship partnerships') in accordance with
this section, including guidance for preparation and
submission of coral reef action plans under section 205 for
review and approval by the Administrator.
``(b) Identification of Coral Reefs.--Each coral reef
stewardship partnership shall identify with particularity the
coral reef or ecologically significant component of a coral
reef that will be the subject of its stewardship activities.
``(c) Membership for Federal Coral Reefs.--A coral reef
stewardship partnership that has identified, as the subject
of its stewardship activities, a coral reef or ecologically
significant component of a coral reef that is fully or
partially under the management jurisdiction of any Federal
agency specified in section 203(c) shall, at a minimum,
include the following:
``(1) That Federal agency, a representative of which shall
serve as chair of the coral reef stewardship partnership.
``(2) A State, county, or Tribal organization's resource
management agency.
``(3) A coral reef research center described in section
215(c)(4) or another institution of higher education.
``(4) A nongovernmental organization.
``(5) Such other members as the partnership considers
appropriate, such as interested stakeholder groups.
``(d) Membership for Non-Federal Coral Reefs.--
``(1) In general.--A coral reef stewardship partnership
that has identified, as the subject of its stewardship
activities, a coral reef or ecologically significant
component of a coral reef that is not under the management
jurisdiction of any Federal agency specified in section
203(c) shall, at a minimum, include the following:
``(A) A State, county, or Tribal organization's resource
management agency, a representative of which shall serve as
the chair of the coral reef stewardship partnership.
``(B) A coral reef research center described in section
215(c)(4) or another institution of higher education.
``(C) A nongovernmental organization.
``(D) Such other members as the partnership considers
appropriate, such as interested stakeholder groups.
``(2) Additional members.--
``(A) In general.--Subject to subparagraph (B), a coral
reef stewardship partnership described in paragraph (1) may
also include representatives of one or more Federal agencies
that have management responsibility in the coral reef that is
the subject of the partnership's stewardship activities.
``(B) Requests; approval.--A representative of a Federal
agency described in subparagraph (A) may become a member of a
coral reef stewardship partnership described in paragraph (1)
if--
``(i) the representative submits a request to become a
member to the chair of the partnership referred to in
paragraph (1)(A); and
``(ii) the chair consents to the request.
``(e) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to coral reef stewardship partnerships.
``SEC. 207. BLOCK GRANTS AND COOPERATIVE AGREEMENTS.
``(a) In General.--The Administrator shall provide block
grants of financial assistance to covered States to support
management and restoration activities and further the
implementation of coral reef action plans in effect under
section 205 by covered States and non-Federal coral reef
stewardship partnerships.
``(b) Eligibility for Additional Amounts.--
``(1) In general.--A covered State shall qualify for and
receive additional grant amounts beyond the base award
specified in subsection (c)(1) if there is at least one coral
reef action plan in effect within the jurisdiction of the
covered State developed by that covered State or a non-
Federal coral reef stewardship partnership.
``(2) Waiver.--In any fiscal year before fiscal year 2025,
the Administrator shall waive the requirement to qualify for
and receive additional grant amounts described in paragraph
(1).
``(c) Funding Formula.--The amount of each block grant
awarded to a covered State under this section shall be the
sum of--
``(1) a base award of $100,000; and
``(2) if the State is eligible under subsection (b)--
``(A) an amount that is equal to non-Federal expenditures
of up to $3,000,000 on coral reef management and restoration
activities within the jurisdiction of the State during the
previous fiscal year, and
``(B) an additional amount, from any funds appropriated for
activities under this section that remain after distribution
under subparagraph (A), paragraph (1), and subsection
(g)based on the proportion of the State's share of total non-
Federal expenditures on coral reef management and restoration
activities, as reported within the previous fiscal year, in
excess of $3,000,000, relative to other covered States.
``(d) Exclusions.--For the purposes of calculating block
grant amounts under subsection (c), Federal funds provided to
a covered State or non-Federal coral reef stewardship
partnership shall not be considered as qualifying non-Federal
expenditures, but non-Federal matching funds used to leverage
Federal awards may be considered as qualifying non-Federal
expenditures.
``(e) Responsibilities of the Administrator.--The
Administrator is responsible for--
``(1) providing guidance on qualifying non-Federal
expenditures and the proper documentation of such
expenditures;
``(2) issuing annual solicitations to covered States for
additional awards under this section; and
``(3) determining the appropriate allocation of additional
amounts among covered States in accordance with this section.
``(f) Responsibilities of Covered States.--Each covered
State is responsible for documenting non-Federal expenditures
within the jurisdiction of the State and formally reporting
those expenditures for review in response to annual
solicitations by the Administrator under subsection (e).
``(g) Cooperative Agreements.--The Administrator may enter
into cooperative agreements with States to fund coral reef
conservation and restoration activities in waters managed
under the jurisdiction of such States that are consistent
with the national coral reef resilience strategy in effect
under section 204A.
``SEC. 208. CORAL REEF STEWARDSHIP FUND.
``(a) Authority To Enter Into Agreements.--The
Administrator may enter into an agreement with the National
Fish and Wildlife Foundation (in this section referred to as
the `Foundation'), authorizing the Foundation to receive,
hold, and administer funds received under this section.
``(b) Fund.--The Foundation shall invest, reinvest, and
otherwise administer the funds received under this section
and maintain such funds and any interest or revenues earned
in a separate interest-bearing account, to be known as the
`Coral Reef Stewardship Fund' (in this section referred to as
the `Fund', and known before the date of the enactment of
this section as the Coral Reef Conservation Fund administered
through a public-private partnership with the Foundation),
established by the Foundation solely to support coral reef
stewardship partnership activities that--
``(1) further the purposes of this title; and
``(2) are consistent with--
``(A) the national coral reef resilience strategy in effect
under section 204A; and
``(B) coral reef action plans in effect, if any, under
section 205 covering a coral reef or ecologically significant
component of a coral reef to be impacted by such activities,
if applicable.
``(c) Authorization To Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into
under subsection (a), the Foundation may accept, receive,
solicit, hold, administer, and use any gift (including,
notwithstanding section 1342 of title 31, United States Code,
donations of services) to further the purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302 of
title 31, United States Code, any funds received as a gift
shall be deposited and maintained in the Fund.
``(3) Notification required.--Not later than 30 days after
funds are deposited in the Fund under paragraph (2), the
Foundation shall notify the Committee on Appropriations of
the Senate and the Committee on Appropriations of the House
of Representatives of the source and amount of such funds.
``(d) Review of Performance.--The Administrator shall
conduct a continuing review of all deposits into, and
disbursements from, the Fund. Each review shall include a
written assessment concerning the extent to which the
Foundation has implemented the goals and requirements of--
``(1) this section; and
``(2) the national coral reef resilience strategy in effect
under section 204A.
``(e) Administration.--Under an agreement entered into
pursuant to subsection (a), the Administrator may transfer
funds appropriated to carry out this title to the Foundation.
Amounts received by the Foundation under this subsection may
be used for matching, in whole or in part, contributions
(whether in money, services, or property) made to the
Foundation by private persons, State or local government
agencies, or Tribal organizations.
``SEC. 209. CORAL REEF EMERGENCY PLANS.
``(a) In General.--A covered reef manager may develop and
periodically update a plan (in this title referred to as a
`coral reef emergency plan') consistent with the template
described in section 204A(b)(3) to guide the rapid and
effective response to circumstances that pose an urgent and
immediate threat to the coral reef ecosystems within the
manager's responsibilities and jurisdictions, and consistent
with any applicable coral reef action plan.
``(b) Coral Reef Emergencies.--The Administrator shall
develop a list of, and criteria for, circumstances that pose
an urgent and immediate threat to coral reefs (in this title
referred to as `coral reef emergencies'), including--
``(1) new and ongoing outbreaks of disease;
``(2) new and ongoing outbreaks of invasive or nuisance
species;
``(3) new and ongoing coral bleaching events;
``(4) natural disasters;
``(5) man-made disasters, including vessel groundings,
hazardous spills, or coastal construction accidents; and
[[Page S5430]]
``(6) other exigent circumstances.
``(c) Best Response Practices.--The Administrator shall
develop guidance on best practices to respond to coral reef
emergencies that can be adopted within coral reef emergency
plans. Such best practices shall be--
``(1) based on the best available science and integrated
with evolving innovative technologies; and
``(2) revised not less frequently than once every 5 years.
``(d) Plan Elements.--A coral reef emergency plan shall
include the following elements:
``(1) A description of particular threats, and the proposed
responses, consistent with the best practices developed under
subsection (d).
``(2) A delineation of roles and responsibilities for
executing the plan.
``(3) Evidence of engagement with interested stakeholder
groups, as applicable, in the development of the plan.
``(4) Any other information the Administrator considers to
be necessary for the plan.
``(e) Technical Assistance.--The Administrator and the Task
Force shall make all reasonable efforts to provide technical
assistance upon request by a covered reef manager developing
a coral reef emergency plan under subsection (a).
``(f) Adoption of Coral Reef Emergency Plans.--A covered
reef manager may adopt a coral reef emergency plan developed
by another covered reef manager, in full or in part, as
relevant to the adopting manager's applicable jurisdiction.
``(g) Public Review.--The development of a coral reef
action plan by a covered reef manager under subsection (a),
and the adoption of a plan under subsection (f), shall be
subject to public review and comment.
``(h) Publication.--The Administrator shall publish each
coral reef emergency plan prepared and submitted to the Task
Force under this section on publicly available internet
websites of--
``(1) the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration; and
``(2) the Task Force.
``(i) Plan in Effect.--A coral reef emergency plan shall be
deemed to be in effect if the plan was submitted to the Task
Force under this section during the preceding 6 years.
``SEC. 210. CORAL REEF EMERGENCY FUND.
``(a) Establishment of Fund.--There is established in the
Treasury an interest-bearing fund to be known as the `Coral
Reef Emergency Fund', consisting of such amounts as are
appropriated to the Fund.
``(b) Uses.--Amounts in the Fund--
``(1) shall be available only for use by the Administrator
to compensate covered coral reef mangers to implement a coral
reef emergency plan in effect under sections 210 and 212; and
``(2) shall remain available until expended.
``(c) Acceptance of Donations.--
``(1) In general.--For purposes of carrying out this title,
the Administrator may accept, receive, solicit, hold,
administer, and use any gift (including, notwithstanding
section 1342 of title 31, United States Code, donations of
services).
``(2) Deposits in fund.--Notwithstanding section 3302 of
title 31, United States Code, any funds received as a gift
shall be deposited and maintained in the Fund.
``SEC. 211. EMERGENCY ASSISTANCE.
``(a) Coral Reef Emergency Declarations.--
``(1) Sua sponte declaration.--
``(A) In general.--The Administrator may determine and
declare a coral reef emergency, including at the
recommendation of the Secretary of the Interior.
``(B) Requirements.--In declaring a coral reef emergency
under subparagraph (A), the Administrator shall--
``(i) certify that an emergency has occurred that is
ecologically significant and harmful to coral reefs; and
``(ii) submit to the appropriate congressional committees
findings and analysis to justify the declaration.
``(2) Petitions.--If a covered State or non-Federal coral
reef stewardship partnership believes that a coral reef
emergency has occurred, and is impacting coral reefs or
ecologically significant components of coral reefs subject to
the responsibilities or jurisdiction of the State or
partnership, the State or partnership may petition the
Administrator for a declaration of a coral reef emergency.
``(3) Evaluation and action.--
``(A) In general.--Not later than 30 days after receiving a
petition under paragraph (2) (except as provided in
subparagraph (B)), the Administrator shall--
``(i) evaluate the petition to determine whether a coral
reef emergency has occurred; and
``(ii) declare a coral reef emergency or deny the petition.
``(B) Extension.--The Administrator may extend the deadline
provided for under subparagraph (A) by not more than 15 days.
``(4) Appeal.--If the Administrator denies a petition for
an emergency declaration submitted under paragraph (2), the
State or partnership that submitted the petition may, not
later than 15 days after receiving notice of the denial,
appeal the denial to the Administrator. Not later than 15
days after receiving an appeal under this paragraph, the
Administrator shall grant or deny the appeal.
``(5) Revocation.--The Administrator may revoke any
declaration of a coral reef emergency in whole or in part
after determining that circumstances no longer require an
emergency response.
``(6) Recovery of emergency funding.--The Administrator may
seek compensation from negligent parties to recover emergency
funds expended in excess of $500,000 under this section as a
result of an emergency declaration arising from direct
impacts to coral reefs from man-made disasters or accidents.
``(b) Financial Assistance Authority.--
``(1) In general.--Upon the declaration of a coral reef
emergency under subsection (a), the Administrator shall
provide grants to carry out proposals that meet the
requirements of paragraph (2) to implement coral reef
emergency plans in effect under section 209.
``(2) Requirements.--A proposal for a grant under this
subsection to implement a coral reef emergency plan in effect
under section 209 shall include--
``(A) the name of the entity submitting the proposal;
``(B) a copy of the coral reef emergency plan;
``(C) a description of the qualifications of the
individuals and entities who will implement the plan;
``(D) an estimate of the funds and time required to
complete the implementation of the plan; and
``(E) any other information the Administrator considers to
be necessary for evaluating the eligibility of the proposal
for a grant under this subsection.
``(3) Review.--Not later than 30 days after receiving a
proposal for a grant under this subsection, the Administrator
shall review the proposal and determine if the proposal meets
the requirements of paragraph (2).
``(4) Concurrent review.--An entity seeking a grant under
this subsection may submit a proposal under paragraph (2) to
the Administrator at any time following the submission of a
petition for an emergency declaration under subsection (a)(2)
that is applicable to coral reefs or ecologically significant
components of coral reefs subject to the responsibilities or
jurisdiction of the entity.
``SEC. 212. VESSEL GROUNDING INVENTORY.
``The Administrator, in coordination with the heads of
other Federal agencies, shall establish and maintain an
inventory of all vessel grounding incidents involving United
States coral reefs, including a description of--
``(1) the impacts of each such incident to coral reefs and
related natural resources;
``(2) vessel and ownership information relating to each
such incident, if available;
``(3) the estimated cost of removal of the vessel,
remediation, or restoration relating to each such incident;
``(4) the response actions taken by the owner of the
vessel, the Administrator, the Commandant of the Coast Guard,
or representatives of other Federal or State agencies;
``(5) the status of the response actions, including the
dates of--
``(A) vessel removal;
``(B) remediation or restoration activities, including
whether a coral reef emergency plan was implemented; and
``(C) any actions taken to prevent future grounding
incidents; and
``(6) recommendations for additional navigational aids or
other mechanisms for preventing future grounding incidents.
``SEC. 213. RUTH D. GATES CORAL REEF CONSERVATION GRANT
PROGRAM.
``(a) Grants.--The Administrator shall establish a program
(to be known as the `Ruth D. Gates Coral Reef Conservation
Grant Program') to provide grants for projects for the
conservation and restoration of coral reef ecosystems (in
this section referred to as `coral reef projects') pursuant
to proposals approved by the Administrator in accordance with
this section.
``(b) Eligibility.--
``(1) In general.--An entity described in paragraph (2) may
submit to the Administrator a proposal for a coral reef
project.
``(2) Entities described.--An entity described in this
paragraph is--
``(A) a natural resource management authority of a State or
local government or Tribal organization--
``(i) with responsibility for coral reef management; or
``(ii) the activities of which directly or indirectly
affect coral reefs or coral reef ecosystems;
``(B) a regional fishery management council established
under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.);
``(C) a coral reef stewardship partnership seeking to
implement a coral reef action plan in effect under section
205;
``(D) a coral reef research center designated under section
215(c)(4); or
``(E) another nongovernmental organization or research
institution with demonstrated expertise in the conservation
or restoration of coral reefs in practice or through
significant contributions to the body of existing scientific
research on coral reefs.
``(c) Project Proposals.--Each proposal for a grant under
this section for a coral reef project shall include the
following:
``(1) The name of the individual or entity responsible for
conducting the project.
``(2) A description of the qualifications of the individual
or entity.
[[Page S5431]]
``(3) A succinct statement of the purposes of the project.
``(4) An estimate of the funds and time required to
complete the project.
``(5) Evidence of support for the project by appropriate
representatives of States or other government jurisdictions
in which the project will be conducted.
``(6) Information regarding the source and amount of
matching funding available to the applicant.
``(7) A description of how the project meets one or more of
the criteria under subsection (e)(2).
``(8) In the case of a proposal submitted by a coral reef
stewardship partnership, a description of how the project
aligns with the applicable coral reef action plan in effect
under section 205.
``(9) Any other information the Administrator considers to
be necessary for evaluating the eligibility of the project
for a grant under this subsection.
``(d) Project Review and Approval.--
``(1) In general.--The Administrator shall review each
coral reef project proposal submitted under this section to
determine if the project meets the criteria set forth in
subsection (e).
``(2) Prioritization of conservation projects.--The
Administrator shall prioritize the awarding of grants for
projects that meet the criteria for approval under
subparagraphs (A) through (G) of subsection (e)(2) that are
proposed to be conducted within priority areas identified for
coral reef conservation by the Administrator and consistent
with the national coral reef resilience strategy in effect
under section 204A.
``(3) Prioritization of restoration projects.--The
Administrator shall prioritize the awarding of grants for
projects that meet the criteria for approval under
subparagraphs (E) through (L) of subsection (e)(2) that are
proposed to be conducted within priority areas identified for
coral reef restoration by the Administrator and consistent
with the national coral reef resilience strategy in effect
under section 204A.
``(4) Review; approval or disapproval.--Not later than 180
days after receiving a proposal for a coral reef project
under this section, the Administrator shall--
``(A) request and consider written comments on the proposal
from each Federal agency, State government, Tribal
organization, or other government jurisdiction, including the
relevant regional fishery management councils established
under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), or any National
Marine Sanctuary or Marine National Monument, with
jurisdiction or management authority over coral reef
ecosystems in the area where the project is to be conducted,
including the extent to which the project is consistent with
locally established priorities, unless such entities were
directly involved in the development of the project proposal;
``(B) provide for the merit-based peer review of the
proposal and require standardized documentation of that peer
review;
``(C) after considering any written comments and
recommendations based on the reviews under subparagraphs (A)
and (B), approve or disapprove the proposal; and
``(D) provide written notification of that approval or
disapproval, with summaries of all written comments,
recommendations, and peer-reviews, to the entity that
submitted the proposal, and each of those States, Tribal
organizations, and other government jurisdictions that
provided comments under subparagraph (A).
``(e) Criteria for Approval.--The Administrator may not
approve a proposal for a coral reef project under this
section unless the project--
``(1) is consistent with--
``(A) the national coral reef resilience strategy in effect
under section 204A; and
``(B) any Federal or non-Federal coral reef action plans in
effect under section 205 covering a coral reef or
ecologically significant component of a coral reef to be
affected by the project; and
``(2) will enhance the conservation and restoration of
coral reefs by--
``(A) addressing conflicts arising from the use of
environments near coral reefs or from the use of corals,
species associated with coral reefs, and coral products,
including supporting consensus-driven, community-based
planning and management initiatives for the protection of
coral reef ecosystems;
``(B) improving compliance with laws that prohibit or
regulate the taking of coral products or species associated
with coral reefs or regulate the use and management of coral
reef ecosystems;
``(C) designing and implementing networks of real-time
water quality monitoring along coral reefs, including data
collection related to turbidity, nutrient availability,
harmful algal blooms, and plankton assemblages, with an
emphasis on coral reefs impacted by agriculture and urban
development;
``(D) promoting ecologically sound navigation and
anchorages, including mooring buoy systems to promote
enhanced recreational access, near coral reefs;
``(E) furthering the goals and objectives of coral reef
action plans in effect under section 205 and coral reef
emergency plans in effect under section 209;
``(F) mapping the location and distribution of coral reefs
and potential coral reef habitat;
``(G) stimulating innovation to advance the ability of the
United States to understand, research, or monitor coral reef
ecosystems, or to develop management or adaptation options to
preserve, sustain, and restore coral reef ecosystems;
``(H) implementing research to ensure the population
viability of listed coral species in United States waters as
detailed in the population-based recovery criteria included
in species-specific recovery plans consistent with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(I) developing and implementing cost-effective methods to
restore degraded coral reef ecosystems or to create
geographically appropriate coral reef ecosystems in suitable
waters, including by improving habitat or promoting success
of keystone species, with an emphasis on novel restoration
strategies and techniques to advance coral reef recovery and
growth near population centers threatened by rising sea
levels and storm surge;
``(J) translating and applying coral genetics research to
coral reef ecosystem restoration, including research related
to traits that promote resilience to increasing ocean
temperatures, ocean acidification, coral bleaching, coral
diseases, and invasive species;
``(K) developing and maintaining in situ native coral
propagation sites;
``(L) developing and maintaining ex situ coral propagation
nurseries and land-based coral gene banks to--
``(i) conserve or augment genetic diversity of native coral
populations;
``(ii) support captive breeding of rare coral species; or
``(iii) enhance resilience of native coral populations to
increasing ocean temperatures, ocean acidification, coral
bleaching, and coral diseases through selective breeding,
conditioning, or other approaches that target genes, gene
expression, phenotypic traits, or phenotypic plasticity; or
``(M) maintaining the structure and function of coral
reefs, including the reef matrix itself.
``(f) Funding Requirements.--To the extent practicable
based upon proposals for coral reef projects submitted to the
Administrator, the Administrator shall ensure that funding
for grants awarded under this section during a fiscal year is
distributed as follows:
``(1) Not less than 40 percent of funds available shall be
awarded for projects in the Pacific Ocean within the maritime
areas and zones subject to the jurisdiction or control of the
United States.
``(2) Not less than 40 percent of the funds available shall
be awarded for projects in the Atlantic Ocean, the Gulf of
Mexico, or the Caribbean Sea within the maritime areas and
zones subject to the jurisdiction or control of the United
States.
``(g) Project Reporting.--Each entity receiving a grant
under this section shall submit to the Administrator such
reports at such times and containing such information for
evaluating project performance as the Administrator may
require.
``(h) Task Force.--The Administrator may consult with the
Secretary of the Interior and the Task Force to obtain
guidance in establishing priorities and evaluating proposals
for coral reef projects under this section.
``SEC. 214. REPORTS ON ADMINISTRATION.
``(a) In General.--Not later than 2 years after the date of
the enactment of this section, and every 2 years thereafter,
the Administrator shall submit to the committees specified in
subsection (b) a report on the administration of this title
during the 2-year period preceding submission of the report,
including--
``(1) a description of all activities undertaken to
implement the most recent national coral reef resilience
strategy under section 204A;
``(2) a statement of all funds obligated under the
authorities of this title; and
``(3) a summary, disaggregated by State, of Federal and
non-Federal contributions toward the costs of each project or
activity funded, in full or in part, under the authorities of
this title.
``(b) Committees Specified.--The committees specified in
this subsection are--
``(1) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate; and
``(2) the Committee on Natural Resources and the Committee
on Appropriations of the House of Representatives.
``SEC. 215. AUTHORITY TO ENTER INTO AGREEMENTS.
``(a) In General.--The Administrator may enter into and
perform such contracts, leases, grants, or cooperative
agreements as may be necessary to carry out the purposes of
this title.
``(b) Cooperative Institutes.--
``(1) Designation.--The Administrator shall designate 2
cooperative institutes for the purpose of advancing and
sustaining essential capabilities in coral reef research, to
be known as the `Atlantic Coral Reef Institute' and the
`Pacific Coral Reef Institute'.
``(2) Membership.--Each institute established under
paragraph (1) shall be housed within a single coral reef
research center designated by the Administrator under
paragraph (4) in the Atlantic and Pacific basins,
respectively, and may contract with other coral reef research
centers within the same basin to support each institute's
capacity and reach.
``(3) Functions.--The institutes established under
paragraph (1) shall--
[[Page S5432]]
``(A) conduct federally directed research to fill national
and regional coral reef ecosystem research gaps and improve
understanding of, and responses to, continuing and emerging
threats to the resilience of United States coral reef
ecosystems consistent with the national coral reef resilience
strategy in effect under section 204A;
``(B) support ecological research and monitoring to study
the effects of conservation and restoration activities funded
by this title on promoting more effective coral reef
management and restoration; and
``(C) through agreements--
``(i) collaborate directly with governmental resource
management agencies, coral reef stewardship partnerships,
nonprofit organizations, and other coral reef research
centers designated under paragraph (4);
``(ii) assist in the development and implementation of--
``(I) the national coral reef resilience strategy under
section 204A;
``(II) coral reef action plans under section 205; and
``(III) coral reef emergency plans under section 209;
``(iii) build capacity within governmental resource
management agencies to establish research priorities and
translate and apply research findings to management and
restoration practices; and
``(iv) conduct public education and awareness programs for
policymakers, resource managers, and the general public on--
``(I) coral reefs and coral reef ecosystems;
``(II) best practices for coral reef ecosystem management
and restoration;
``(III) the value of coral reefs; and
``(IV) the threats to the sustainability of coral reef
ecosystems.
``(4) Coral reef research centers.--
``(A) In general.--The Administrator shall periodically
solicit applications and designate all qualifying
institutions in a covered State as coral reef research
centers.
``(B) Criteria.--An institution qualifies for designation
as a coral reef research center under subparagraph (A) if the
Administrator determines that the institution--
``(i) is operated by an institution of higher education;
``(ii) has established management-driven national or
regional coral reef research or restoration programs;
``(iii) has demonstrated abilities to coordinate closely
with appropriate Federal and State agencies, as well as other
academic and nonprofit organizations; and
``(iv) maintains significant local community engagement and
outreach programs related to coral reef ecosystems.
``(c) Use of Resources of Other Agencies.--The
Administrator may use, with consent and with or without
reimbursement, the land, services, equipment, personnel, and
facilities of any agency or instrumentality of--
``(1) the United States;
``(2) any State or local government;
``(3) any Indian Tribe; or
``(4) any foreign government not subject to economic
sanctions imposed by the United States.
``SEC. 216. CORAL REEF PRIZE COMPETITIONS.
``(a) In General.--The head of any Federal agency with a
representative serving on the U.S. Coral Reef Task Force
established by Executive Order No. 13089 (16 U.S.C. 6401
note; relating to coral reef protection), may, individually
or in cooperation with one or more agencies, carry out a
program to award prizes competitively under section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719).
``(b) Purposes.--Any program carried out under this section
shall be for the purpose of stimulating innovation to advance
the ability of the United States to understand, research, or
monitor coral reef ecosystems, or to develop management or
adaptation options to preserve, sustain, and restore coral
reef ecosystems.
``(c) Priority Programs.--Priority shall be given to
establishing programs under this section that address
communities, environments, or industries that are in distress
as a result of the decline or degradation of coral reef
ecosystems, including--
``(1) scientific research and monitoring that furthers the
understanding of causes behind coral reef decline and
degradation and the generally slow recovery following
disturbances;
``(2) the development of monitoring or management options
for communities or industries that are experiencing
significant financial hardship;
``(3) the development of adaptation options to alleviate
economic harm and job loss caused by damage to coral reef
ecosystems;
``(4) the development of measures to help vulnerable
communities or industries, with an emphasis on rural
communities and businesses; and
``(5) the development of adaptation and management options
for impacted tourism industries.
``SEC. 217. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated
to the Administrator $38,000,000 for each of fiscal years
2022 through 2026 to carry out this title, which shall remain
available until expended.
``(b) Administration.--Of the amounts authorized to be
appropriated under subsection (a), not more than the lesser
of $1,500,000 or 10 percent of such amounts is authorized to
be appropriated for program administration or for overhead
costs incurred by the National Oceanic and Atmospheric
Administration or the Department of Commerce and assessed as
an administrative charge.
``(c) Federally Directed Research and Coral Reef
Conservation Program Grants.--From the amounts authorized to
be appropriated under subsection (a), not less than
$8,000,000 is authorized to be appropriated for each of
fiscal years 2022 through 2026 to support purposes consistent
with this title, of which--
``(1) not less than $3,500,000 is authorized to be
appropriated for each such fiscal year for authorized
activities under section 213; and
``(2) not less than $4,500,000 is authorized to be
appropriated for each such fiscal year through cooperative
agreements with the cooperative institutes designated under
section 215(c).
``(d) Block Grants and Cooperative Agreements.--There is
authorized to be appropriated to the Administrator,
$15,000,000 for each of fiscal years 2022 through 2026, which
shall remain available until expended, to carry out section
207.
``SEC. 218. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Natural Resources of the House of
Representatives.
``(3) Conservation.--The term `conservation' means the use
of methods and procedures necessary to preserve or sustain
geographically appropriate corals and associated species as
diverse, viable, and self-perpetuating coral reef ecosystems
with minimal impacts from invasive species, including--
``(A) all activities associated with resource management,
such as monitoring, assessment, protection, restoration,
sustainable use, management of habitat, and maintenance or
augmentation of genetic diversity;
``(B) mapping;
``(C) scientific expertise and technical assistance in the
development and implementation of management strategies for
marine protected areas and marine resources consistent with
the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.)
and the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.);
``(D) law enforcement;
``(E) conflict resolution initiatives;
``(F) community outreach and education; and
``(G) promotion of safe and ecologically sound navigation
and anchoring.
``(4) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft
corals, organ pipe corals, gorgonians), and Helioporacea
(blue coral), of the class Anthozoa; and
``(B) all species of the order Anthoathecata (fire corals
and other hydrocorals) of the class Hydrozoa.
``(5) Coral products.--The term `coral products' means any
living or dead specimens, parts, or derivatives, or any
product containing specimens, parts, or derivatives, of any
species referred to in paragraph (4).
``(6) Coral reef.--The term `coral reef' means calcium
carbonate structures in the form of a reef or shoal, composed
in whole or in part by living coral, skeletal remains of
coral, crustose coralline algae, and other associated sessile
marine plants and animals.
``(7) Coral reef ecosystem.--The term `coral reef
ecosystem' means--
``(A) corals and other geographically and ecologically
associated marine communities of other reef organisms
(including reef plants and animals) associated with coral
reef habitat; and
``(B) the biotic and abiotic factors and processes that
affect coral physiology, coral-algal symbiosis, and
biodiversity in such habitat.
``(8) Coral reef ecosystem services.--The term `coral reef
ecosystem services' means the attributes and benefits
provided by coral reef ecosystems including--
``(A) protection of coastal beaches, structures, and
infrastructure;
``(B) habitat for organisms of economic, ecological,
biomedical, medicinal, and cultural value;
``(C) serving as centers for the promulgation, performance,
and training of cultural practices representative of
traditional ecological knowledge; and
``(D) aesthetic value.
``(9) Covered reef manager.--
``(A) In general.--The term `covered reef manager' means a
management unit of a Federal agency specified in subparagraph
(B) with jurisdiction over a coral reef ecosystem, covered
State, or coral reef stewardship partnership.
``(B) Federal agencies specified.--A Federal agency
specified in this subparagraph is one of the following:
``(i) The National Oceanic and Atmospheric Administration.
``(ii) The National Park Service.
``(iii) The United States Fish and Wildlife Service.
``(iv) The Office of Insular Affairs.
``(10) Covered state.--The term `covered State' means
Florida, Hawaii, and the territories of American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, Puerto
Rico, and the United States Virgin Islands.
[[Page S5433]]
``(11) 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).
``(12) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(13) Interested stakeholder groups.--The term `interested
stakeholder groups' includes community members such as
businesses, commercial and recreational fishermen, other
recreationalists, Federal, State, Tribal, and local
government units with related jurisdiction, institutions of
higher education, and nongovernmental organizations.
``(14) Nonprofit organization.--The term `nonprofit
organization' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
``(15) Restoration.--The term `restoration' means the use
of methods and procedures necessary to enhance, rehabilitate,
recreate, or create a functioning coral reef or coral reef
ecosystem, in whole or in part, within suitable waters of the
historical geographic range of such ecosystems, to provide
ecological, economic, cultural, or coastal resiliency
services associated with healthy coral reefs and benefit
native populations of coral reef organisms.
``(16) Resilience.--The term `resilience' means the
capacity for corals within their native range, coral reefs,
or coral reef ecosystems to resist and recover from natural
and human disturbances, and maintain structure and function
to provide coral reef ecosystem services as determined by
clearly identifiable, measurable, and science-based
standards.
``(17) State.--The term `State' means--
``(A) any State of the United States that contains a coral
reef ecosystem within its seaward boundaries;
``(B) American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, or the United States
Virgin Islands; or
``(C) any other territory of the United States or separate
sovereign in free association with the United States that
contains a coral reef ecosystem within its seaward
boundaries.
``(18) Stewardship.--The term `stewardship', with respect
to a coral reef, includes conservation, restoration, and
public outreach and education.
``(19) Task force.--The term `Task Force' means the United
States Coral Reef Task Force.
``(20) Tribal organization.--The term `Tribal organization'
has the meaning given the term `tribal organization' in
section 3765 of title 38, United States Code.''.
(c) Conforming Amendment to National Oceans and Coastal
Security Act.--Section 905(a) of the National Oceans and
Coastal Security Act (16 U.S.C. 7504(a)) is amended by
striking ``and coastal infrastructure'' and inserting ``,
coastal infrastructure, and ecosystem services provided by
natural systems such as coral reefs''.
SEC. __14A. MODIFICATION TO SECTION 204 OF THE CORAL REEF
CONSERVATION ACT OF 2000.
Section 204 of the Coral Reef Conservation Act of 2000 (16
U.S.C. 6403) is amended--
(1) in subsection (a), by striking ``this section'' and
inserting ``section 213''; and
(2) by striking subsections (c) through (j).
Subtitle E--United States Coral Reef Task Force
SEC. __15. ESTABLISHMENT.
There is established a task force to lead, coordinate, and
strengthen Federal Government actions to better preserve,
conserve, and restore coral reef ecosystems, to be known as
the ``United States Coral Reef Task Force'' (in this subtitle
referred to as the ``Task Force'').
SEC. __15A. DUTIES.
The duties of the Task Force shall be--
(1) to coordinate, in cooperation with State, Tribal, and
local government partners, coral reef research centers
designated under section 215(c) of the Coral Reef
Conservation Act of 2000 (as amended by subtitle D), and
other nongovernmental and academic partners as appropriate,
activities regarding the mapping, monitoring, research,
conservation, mitigation, and restoration of coral reefs and
coral reef ecosystems;
(2) to monitor and advise regarding implementation of the
policy and Federal agency responsibilities set forth in--
(A) Executive Order No. 13089 (63 Fed. Reg. 32701; relating
to coral reef protection); and
(B) the national coral reef resilience strategy developed
under section 204A of the Coral Reef Conservation Act of
2000, as amended by subtitle D;
(3) to work with the Secretary of State and the
Administrator of the United States Agency for International
Development, and in coordination with the other members of
the Task Force--
(A) to assess the United States role in international trade
and protection of coral species;
(B) to encourage implementation of appropriate strategies
and actions to promote conservation and sustainable use of
coral reef resources worldwide; and
(C) to collaborate with international communities
successful in managing coral reefs;
(4) to provide technical assistance for the development and
implementation, as appropriate, of--
(A) the national coral reef resilience strategy under
section 204A of the Coral Reef Conservation Act of 2000, as
amended by subtitle D;
(B) coral reef action plans under section 205 of that Act;
and
(C) coral reef emergency plans under section 209 of that
Act; and
(5) to produce a report each year, for submission to the
appropriate congressional committees and publication on a
publicly available internet website of the Task Force,
highlighting the status of the coral reef equities of a
covered State on a rotating basis, including--
(A) a summary of recent coral reef management and
restoration activities undertaken in that State; and
(B) updated estimates of the direct and indirect economic
activity supported by, and other benefits associated with,
those coral reef equities.
SEC. __15B. MEMBERSHIP.
(a) Voting Membership.--The Task Force shall have the
following voting members:
(1) The Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, and the Secretary of the Interior, who shall
be co-chairs of the Task Force.
(2) The Administrator of the United States Agency for
International Development.
(3) The Secretary of Agriculture.
(4) The Secretary of Defense.
(5) The Secretary of the Army, acting through the Assistant
Secretary of the Army for Civil Works.
(6) The Secretary of Homeland Security, acting through the
Administrator of the Federal Emergency Management Agency.
(7) The Commandant of the Coast Guard.
(8) The Attorney General.
(9) The Secretary of State.
(10) The Secretary of Transportation.
(11) The Administrator of the Environmental Protection
Agency.
(12) The Ambassador of the United States Trade
Representative.
(13) The Administrator of the National Aeronautics and
Space Administration.
(14) The Director of the National Science Foundation.
(15) The Governor, or a representative of the Governor, of
each covered State.
(b) Nonvoting Members.--The Task Force shall have the
following nonvoting members:
(1) A member appointed by the President of the Federated
States of Micronesia.
(2) A member appointed by the President of the Republic of
the Marshall Islands.
(3) A member appointed by the President of the Republic of
Palau.
SEC. __15C. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.
(a) In General.--A member of the Task Force specified in
paragraphs (1) through (15) of section __15B(a) shall--
(1) identify the actions of the agency that member
represents that may affect coral reef ecosystems;
(2) utilize the programs and authorities of that agency to
protect and enhance the conditions of such ecosystems,
including through the promotion of basic and applied
scientific research;
(3) collaborate with the Task Force to appropriately
reflect budgetary needs for coral reef conservation and
restoration activities in all agency budget planning and
justification documents and processes; and
(4) engage in any other coordinated efforts approved by the
Task Force.
(b) Co-Chairs.--In addition to their responsibilities under
subsection (a), the co-chairs of the Task Force shall
administer performance of the functions of the Task Force and
facilitate the coordination of the members of the Task Force
specified in paragraphs (1) through (15) of section __15B(a).
SEC. __15D. WORKING GROUPS.
(a) In General.--The co-chairs of the Task Force may
establish working groups as necessary to meet the goals and
carry out the duties of the Task Force.
(b) Requests From Members.--The members of the Task Force
may request that the co-chairs establish a working group
under subsection (a).
(c) Participation by Nongovernmental Organizations.--The
co-chairs may allow nongovernmental organizations as
appropriate, including academic institutions, conservation
groups, and commercial and recreational fishing associations,
to participate in a working group established under
subsection (a).
(d) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to working groups established under this section.
SEC. __15E. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Natural Resources of the House of
Representatives.
(2) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral'', ``coral reef'', ``coral reef
ecosystem'', ``covered State'', ``restoration'',
``resilience'', and ``State'' have the meaning given those
terms in section 218 of the Coral Reef Conservation Act of
2000, as amended by subtitle D.
Subtitle F--Department of the Interior Coral Reef Authorities
SEC. __16. CORAL REEF CONSERVATION AND RESTORATION
ASSISTANCE.
(a) In General.--The Secretary of the Interior, in addition
to activities authorized
[[Page S5434]]
under section 203 of the Coral Reef Conservation Act of 2000,
as amended by this title, may provide scientific expertise,
technical assistance, and financial assistance for the
conservation and restoration of coral reefs consistent with
all applicable laws governing resource management in Federal,
State, and Tribal waters, including--
(1) the national coral reef resilience strategy in effect
under section 204A of the Coral Reef Conservation Act of
2000, as amended by this title;
(2) coral reef action plans in effect under section 205 of
that Act, as applicable; and
(3) coral reef emergency plans in effect under section 209
of that Act, as applicable.
(b) Office of Insular Affairs Coral Reef Initiative.--The
Secretary of the Interior may establish within the Office of
Insular Affairs a Coral Reef Initiative Program--
(1) to provide grant funding to support local management,
conservation, and protection of coral reef ecosystems in--
(A) insular areas of covered States; and
(B) Freely Associated States;
(2) to complement the other conservation and assistance
activities conducted under this subtitle; and
(3) to provide other technical, scientific, and financial
assistance and conduct conservation activities that advance
the purpose of this subtitle.
(c) Consultation With the Department of Commerce.--The
Secretary of the Interior may consult with the Secretary of
Commerce regarding the conduct of any activities to conserve
and restore coral reefs and coral reef ecosystems in waters
managed under the jurisdiction of the Federal agencies
specified in paragraphs (2) and (3) of section 203(c) of the
Coral Reef Conservation Act of 2000, as amended by this
title.
(d) Cooperative Agreements.--The Secretary of the Interior
may enter into cooperative agreements with covered reef
managers to fund coral reef conservation and restoration
activities in waters managed under the jurisdiction of such
managers that--
(1) are consistent with the national coral reef resilience
strategy in effect under section 204A of the Coral Reef
Conservation Act of 2000, as amended by this title; and
(2) support and enhance the success of--
(A) coral reef action plans in effect under section 205 of
that Act; and
(B) coral reef emergency plans in effect under section 209
of that Act.
(e) Definitions.--In this section, the terms
``conservation'', ``coral reef'', ``covered reef manager'',
``covered State'', ``restoration'', and ``State'' have the
meaning given those terms in section 218 of the Coral Reef
Conservation Act of 2000, as amended by this title.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Interior to carry
out this subtitle for each of fiscal years 2023 to 2027,
$4,000,000.
Subtitle G--Susan L. Williams National Coral Reef Management Fellowship
SEC. __17. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Fellow.--The term ``fellow'' means a National Coral
Reef Management Fellow.
(3) Fellowship.--The term ``fellowship'' means the National
Coral Reef Management Fellowship established in section
__17A.
(4) Indian tribe; tribal organization.--The terms ``Indian
Tribe'' and ``Tribal organization'' have the meanings given
those terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
SEC. __17A. ESTABLISHMENT OF FELLOWSHIP PROGRAM.
(a) In General.--There is established a National Coral Reef
Management Fellowship Program.
(b) Purposes.--The purposes of the fellowship are--
(1) to encourage future leaders of the United States to
develop additional coral reef management capacity in States
and local communities with coral reefs;
(2) to provide management agencies of States, Tribal
organizations, and Freely Associated States with highly
qualified candidates whose education and work experience meet
the specific needs of each State, Indian Tribe, and Freely
Associated State; and
(3) to provide fellows with professional experience in
management of coastal and coral reef resources.
SEC. __17B. FELLOWSHIP AWARDS.
(a) In General.--The Administrator, in coordination with
the Secretary of the Interior, shall award the fellowship in
accordance with this section.
(b) Term of Fellowship.--A fellowship awarded under this
section shall be for a term of not more than 24 months.
(c) Qualifications.--The Administrator, in coordination
with the Secretary of the Interior, shall award the
fellowship to individuals who have demonstrated--
(1) an intent to pursue a career in marine services and
outstanding potential for such a career;
(2) leadership potential, actual leadership experience, or
both;
(3) a college or graduate degree in biological science,
experience that correlates with aptitude and interest for
marine management, or both;
(4) proficient writing and speaking skills; and
(5) such other attributes as the Administrator, in
coordination with the Secretary of the Interior, consider
appropriate.
SEC. __17C. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Administrator to carry out this subtitle for each of fiscal
years 2022 through 2026, $1,500,000, to remain available
until expended.
Subtitle H--Buy American Seafood
SEC. __18. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) American wild-caught seafood is integral to the
Nation's food supply and to American food security;
(2) the seafood supply chain is often long and complex;
(3) American caught and American-processed seafood
especially from small-scale fishery operations, can be a
sustainable healthy source of protein and micronutrients;
(4) fresh, frozen, dried, and canned domestic seafood can
be produced, processed, packaged, and transported in a manner
that has a low carbon footprint;
(5) marine species that are small, at lower trophic levels,
and pelagic typically have the smallest carbon footprint; and
(6) therefore, any executive agency that purchases seafood
products should, to the extent practicable, buy local
American-caught or American-harvested and American-processed
seafood products from fisheries that are not overfished or
experiencing overfishing, in order to support sustainable
local seafood businesses, reduce greenhouse gas emissions
associated with the seafood product supply chain, and reduce
dependence on imported seafood products.
SEC. __18A. CAUGHT IN THE USA.
Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C.
713c-3(c)(1)) is amended to read as follows:
``(1) The Secretary shall make grants from the fund
established under subsection (b) to--
``(A) assist persons in carrying out research and
development projects addressed to any aspect of United States
marine fisheries, including harvesting, processing,
packaging, marketing, and associated infrastructures; or
``(B) assist persons to market and promote the consumption
of--
``(i) local or domestic marine fishery products;
``(ii) environmentally and climate-friendly marine fishery
products that minimize and employ efforts to avoid bycatch
and impacts on marine mammals;
``(iii) invasive species; or
``(iv) well-managed but less known species.''.
Subtitle I--Insular Affairs
SEC. __19. OCEAN AND COASTAL MAPPING INTEGRATION ACT.
Section 12204 of the Ocean and Coastal Mapping Integration
Act (33 U.S.C. 3503) is amended--
(1) in paragraph (12) by striking ``and'';
(2) in paragraph (13) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(14) the study of insular areas and the effects of
climate change.''.
Subtitle J--Studies and Reports
SEC. __20. DEEP SEA MINING.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, shall seek to enter into an agreement with
the National Academies of Science, Engineering, and Medicine
to conduct a comprehensive assessment of the environmental
impacts of deep seabed mining, including--
(1) characterization of deep seabed ecosystems;
(2) assessment of potential impacts to deep seabed habitat
and species from exploratory or extractive activities;
(3) assessment of the potential impacts of sediment plumes
from disturbance of the deep seabed on the pelagic food
chain; and
(4) approximate quantification of the greenhouse gas
emissions associated with deep seabed mining, including
emissions possibly from the release of greenhouse gases
sequestered in the seabed.
SEC. __20A. NATIONAL ACADEMIES ASSESSMENT OF OCEANIC BLUE
CARBON.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration shall seek to enter into an agreement with the
National Academies of Science, Engineering, and Medicine to
conduct a comprehensive assessment of oceanic blue carbon,
including--
(1) the impacts of marine species decline on carbon
sequestration potential in ocean ecosystems, an estimate of
the global carbon dioxide mitigation potential of protecting
or recovering populations of fish and marine mammals, and the
ecological considerations of such conservation strategies;
(2) an analysis of the geologic stores of carbon and deep
sea storage of dissolved carbon in the deep seafloor
environment, including current and potential natural long-
term carbon storage, identification of gaps in scientific
understanding, observations, and data regarding such geologic
and deep sea carbon storage; and
(3) the potential impacts to oceanic blue carbon storage by
human activities including energy development activities,
deep sea
[[Page S5435]]
mining, deep sea carbon capture technology, and other
disturbances to the sea floor and gas hydrate disruption atop
the seabed.
SEC. __20B. NATIONAL ACADEMIES ASSESSMENT OF OIL SPILLS AND
PLASTIC INGESTION ON SEA LIFE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, shall seek to enter into an agreement with
the National Academies of Science, Engineering, and Medicine
to conduct a comprehensive assessment of the environmental
impacts of plastic ingestion and oil and other fossil fuel
spills on sea life, including--
(1) assessment of the potential health and ecological
impacts of plastic ingestion on marine life;
(2) assessment of the types of plastics most commonly
ingested by marine life and the types that have the most
damaging health and ecosystem impacts, and recommendations
for preventing and eliminating these plastics from the
environment;
(3) quantification of the economic impacts of plastic
pollution including the costs of cleanup, impacts on lost
tourism, impacts on aquaculture and fishing, and other
economic impacts identified by the Academy;
(4) assessment and quantification of the health and
ecological impacts oil and other fossil fuel spills, flares,
pipeline leaks, and extraction, including greenhouse gas
emissions, have on marine life;
(5) quantification of the cost and effectiveness of
cleaning up oil and other fossil fuel spills, flares, and
pipeline leaks, and repairing damage to marine life, coasts,
and businesses;
(6) quantification of the number of people employed in
fossil fuel extraction on Federal waters with breakdown by
State;
(7) quantification of the number of people employed in
marine tourism and the blue economy, including the fishing
and seafood industries, impacted by plastic, oil, and other
fossil fuel pollution; and
(8) assessment and quantification of riverine sources of
coastal plastic pollution in the United States, including a
breakdown by sources that includes but is not limited to the
Mississippi River.
SEC. __20C. OFFSHORE AQUACULTURE.
Not later than 24 months after the date of enactment of
this Act, the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, shall enter into an agreement with the Board
of Ocean Studies and Board Science, Technology, and Economic
Policy of the National Academies of Sciences, Engineering,
and Medicine to conduct a comprehensive assessment on the
development of offshore aquaculture in the exclusive economic
zone including--
(1) assessment of the potential environmental impacts of
offshore aquaculture operations, including an evaluation on
the risks of siting, water pollution, habitat impact, escape
of farmed species on wild population stocks, waste treatment
and disposal, feed operations, and the cumulative risks of
multiple aquaculture operations in shared ecosystems;
(2) evaluation of the potential for offshore aquaculture to
serve as a tool for environmental management, including
connections to water quality, watershed management, and
fishery conservation and management;
(3) identification of existing control technologies,
management practices and regulatory strategies to minimize
the environmental impact of offshore aquaculture operations,
including from traditional aquaculture methods and practices
of Native Americans, Alaska Natives, and Native Hawaiians;
(4) recommending best management practices related to
sustainable feed for the offshore aquaculture industry,
including best practices for sourcing from sustainably
managed fisheries and traceability of source fish meal
ingredients;
(5) evaluation of the potential impact of offshore
aquaculture on the economies of coastal communities,
particularly those dependent on traditional fishery
resources; and
(6) assessment of the impacts of growing international
offshore aquaculture operations on the United States seafood
market and domestic seafood producers, including dependence
of the United States on foreign-sourced seafood.
SEC. __20D. EXPANDING OPPORTUNITIES TO INCREASE THE
DIVERSITY, EQUITY, AND INCLUSION OF HIGHLY
SKILLED SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS (``STEM'') PROFESSIONALS IN OCEAN
RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary of Commerce shall expand
opportunities to increase the number and the diversity,
equity, and inclusion of highly skilled science, technology,
engineering, and mathematics (``STEM'') professionals working
in National Oceanic and Atmospheric Administration mission-
relevant disciplines and broaden the recruitment pool to
increase diversity, including expanded partnerships with
minority-serving institutions, historically Black colleges
and universities, Tribal colleges and universities, non-
research universities, two-year technical degrees, and
scientific societies.
(b) Authorization of Independent Organization.--The
Secretary shall authorize a nonpartisan and independent
501(c)(3) organization to build the public-private
partnerships necessary to achieve these priorities.
(c) Definitions.--In this section:
(1) Minority-serving institution.--The term ``minority-
serving institution'' includes the entities described in
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(2) Historically black colleges and universities.--The term
``historically Black colleges and universities'' has the
meaning given the term ``part B institution'' in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061).
(3) Tribal colleges and universities.--The term ``Tribal
college or university'' has the meaning given such term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
SEC. __20E. STUDY ON EFFECTS OF 6PPD-QUINONE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, shall seek to enter into an agreement with
the National Academies of Science, Engineering, and Medicine
to conduct a study on the effects of 6PPD-quinone on
salmonids, aquatic species, and watersheds, including an
economic analysis of declining salmon populations in the
United States and the effect of such declining populations
have on importation of salmon from other countries.
Subtitle K--Shark Fin Sales Elimination
SEC. __21. SHARK FIN SALES ELIMINATION.
(a) Prohibition on Sale of Shark Fins.--
(1) Prohibition.--Except as provided in subsection (c), no
person shall possess, acquire, receive, transport, offer for
sale, sell, or purchase shark fins or products containing
shark fins.
(2) Penalty.--A violation of paragraph (1) shall be treated
as an act prohibited by section 307 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1857) and
shall be penalized pursuant to section 308 of that Act (16
U.S.C. 1858).
(b) Exceptions.--A person may possess a shark fin that was
taken lawfully under a State, territorial, or Federal license
or permit to take or land sharks, if the shark fin was
separated after the first point of landing in a manner
consistent with the license or permit and is--
(1) destroyed or disposed of immediately upon separation
from the carcass;
(2) used for noncommercial subsistence purposes in
accordance with State or territorial law; or
(3) used solely for display or research purposes by a
museum, college, or university, or other person under a State
or Federal permit to conduct noncommercial scientific
research.
(c) Dogfish.--
(1) In general.--It shall not be a violation of subsection
(b) for any person to possess, acquire, receive, transport,
offer for sale, sell, or purchase any fresh or frozen
unprocessed fin or tail from any stock of the species
Mustelus canis (smooth dogfish) or Squalus acanthias (spiny
dogfish).
(2) Report.--By not later than January 1, 2027, the
Secretary of Commerce shall review the exemption contained in
paragraph (1) and shall prepare and submit to Congress a
report that includes a recommendation on whether the
exemption contained in paragraph (1) should continue or be
terminated. In preparing such report and making such
recommendation, the Secretary shall analyze factors
including--
(A) the economic viability of dogfish fisheries with and
without the continuation of the exemption;
(B) the impact to ocean ecosystems of continuing or
terminating the exemption;
(C) the impact on enforcement of the ban contained in
subsection (b) caused by the exemption; and
(D) the impact of the exemption on shark conservation.
(d) Definition of Shark Fin.--In this section, the term
``shark fin'' means--
(1) the unprocessed or dried or otherwise processed
detached fin of a shark; or
(2) the unprocessed or dried or otherwise processed
detached tail of a shark.
(e) Enforcement.--The provisions of this section, and any
regulations issued pursuant thereto, shall be enforced by the
Secretary of Commerce. The Secretary may use by agreement,
with or without reimbursement, the personnel, services,
equipment, and facilities of any other Federal agency or any
State agency or Indian Tribe for purposes of enforcing this
section.
(f) State Authority.--Nothing in this section may be
construed to preclude, deny, or limit any right of a State or
territory to adopt or enforce any regulation or standard that
is more stringent than a regulation or standard in effect
under this section.
(g) Severability.--If any provision of this section or its
application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or
applications of this section which can be given effect
without the invalid provision or application, and to this end
the provisions of this section are severable.
Subtitle L--Bolstering Long-term Understanding and Exploration of the
Great Lakes, Oceans, Bays, and Estuaries
SEC. __22. PURPOSE.
The purpose of this subtitle is to promote and support--
(1) the monitoring, understanding, and exploration of the
Great Lakes, oceans, bays, estuaries, and coasts; and
[[Page S5436]]
(2) the collection, analysis, synthesis, and sharing of
data related to the Great Lakes, oceans, bays, estuaries, and
coasts to facilitate science and operational decision making.
SEC. __22A. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) agencies should optimize data collection, management,
and dissemination, to the extent practicable, to maximize
their impact for research, commercial, regulatory, and
educational benefits and to foster innovation, scientific
discoveries, the development of commercial products, and the
development of sound policy with respect to the Great Lakes,
oceans, bays, estuaries, and coasts;
(2) agencies should consider current and future needs
relating to supercomputing capacity, data storage capacity,
and public access, address gaps in those areas, and
coordinate across agencies as needed;
(3) the United States is a leading member of the
Intergovernmental Oceanographic Commission of the United
Nations Educational, Scientific and Cultural Organization, a
founding member of the Atlantic Ocean Research Alliance, and
a key partner in developing the United Nations Decade of
Ocean Science for Sustainable Development;
(4) the Integrated Ocean Observing System and the Global
Ocean Observing System are key assets and networks that
bolster understanding of the marine environment;
(5) the National Oceanographic Partnership Program is a
meaningful venue for collaboration and coordination among
Federal agencies, scientists, and ocean users;
(6) the National Centers for Environmental Information of
the National Oceanic and Atmospheric Administration should be
looked to by other Federal agencies as a primary, centralized
repository for Federal ocean data;
(7) the Marine Cadastre, a joint effort of the National
Oceanic and Atmospheric Administration and the Bureau of
Ocean Energy Management, provides access to data and
information for specific issues and activities in ocean
resources management to meet the needs of offshore energy and
planning efforts;
(8) the regional associations of the Integrated Ocean
Observing System, certified by the National Oceanic and
Atmospheric Administration for the quality and reliability of
their data, are important sources of observation information
for the Great Lakes, oceans, bays, estuaries, and coasts; and
(9) the Regional Ocean Partnerships and regional data
portals, which provide publicly available tools such as maps,
data, and other information to inform decisions and enhance
marine development, should be supported by and viewed as
collaborators with Federal agencies and ocean users.
SEC. __22B. DEFINITION OF ADMINISTRATOR.
In this subtitle, the term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
Under Secretary's capacity as Administrator of the National
Oceanic and Atmospheric Administration.
SEC. __22C. INCREASED COORDINATION AMONG AGENCIES WITH
RESPECT TO DATA AND MONITORING.
(a) Interagency Ocean Observation Committee.--In addition
to its responsibilities as of the date of the enactment of
this Act, and in consultation with the associated advisory
committee authorized by section 12304(d) of the Integrated
Coastal and Ocean Observation System Act of 2009 (33 U.S.C.
3603(d)), the Interagency Ocean Observation Committee shall--
(1) work with international coordinating bodies, as
necessary, to ensure robust, direct measurements of the Great
Lakes, oceans, bays, estuaries, and coasts, including
oceanographic data; and
(2) support cross-agency and multi-platform synergy, by
coordinating overlapping data collection by satellites,
buoys, submarines, gliders, vessels, and other data
collection vehicles and technologies.
(b) Federal Geographic Data Committee.--In addition to its
responsibilities as of the date of the enactment of this Act,
and in consultation with the National Geospatial Advisory
Committee, the Federal Geographic Data Committee shall--
(1) work with international coordinating bodies, as
necessary, to ensure robust, continuous measurements of the
Great Lakes, oceans, bays, estuaries, and coasts, including
satellite and geospatial data; and
(2) support new and old data and metadata certification,
quality assurance, quality control, integration, and
archiving.
(c) Interagency Committee on Ocean and Coastal Mapping.--In
addition to its responsibilities as of the date of the
enactment of this Act, and in consultation with its
associated advisory panel authorized by section 12203(g) of
the Ocean and Coastal Mapping Integration Act (33 U.S.C.
3502(g)), the Interagency Committee on Ocean and Coastal
Mapping shall--
(1) work with international coordinating bodies, as
necessary, to ensure robust, continuous satellite and direct
measurements of the Great Lakes, oceans, bays, estuaries, and
coasts, including bathymetric data; and
(2) make recommendations on how to make data, metadata, and
model output accessible to a broader public audience,
including through geographic information system layers,
graphics, and other visuals.
SEC. __22D. TECHNOLOGY INNOVATION TO COMBAT ILLEGAL,
UNREPORTED, AND UNREGULATED FISHING.
(a) Definitions.--Section 3532 of the Maritime Security and
Fisheries Enforcement Act (16 U.S.C. 8001) is amended--
(1) by redesignating paragraphs (6) through (13) as
paragraphs (7) through (14), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) Innovative technologies.--The term `innovative
technologies' includes the following:
``(A) Improved satellite imagery and tracking.
``(B) Advanced electronic monitoring equipment.
``(C) Vessel location data.
``(D) Improved genetic, molecular, or other biological
methods of tracking sources of seafood.
``(E) Electronic catch documentation and traceability.
``(F) Such other technologies as the Administrator of the
National Oceanic and Atmospheric Administration considers
appropriate.''.
(b) Technology Programs.--Section 3546 of the Maritime
Security and Fisheries Enforcement Act (16 U.S.C. 8016) is
amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) coordinating the application of existing innovative
technologies and the development of emerging innovative
technologies.''.
SEC. __22E. WORKFORCE STUDY.
(a) In General.--Section 303(a) of the America COMPETES
Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Secretary of Commerce'' and inserting ``Under Secretary of
Commerce for Oceans and Atmosphere'';
(2) in paragraph (2), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(3) in paragraph (3), by inserting ``or highly qualified
technical professionals and tradespeople'' after
``atmospheric scientists'';
(4) in paragraph (4), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(5) in paragraph (5)--
(A) by striking ``scientist''; and
(B) by striking ``; and'' and inserting ``, observations,
and monitoring;''
(6) in paragraph (6), by striking ``into Federal'' and all
that follows and inserting ``, technical professionals, and
tradespeople into Federal career positions;''
(7) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(8) by inserting after paragraph (1) the following:
``(2) whether there is a shortage in the number of
individuals with technical or trade-based skillsets or
credentials suited to a career in oceanic and atmospheric
data collection, processing, satellite production, or
satellite operations;''; and
(9) by adding at the end the following:
``(8) workforce diversity and actions the Federal
Government can take to increase diversity in the scientific
workforce; and
``(9) actions the Federal Government can take to shorten
the hiring backlog for such workforce.''.
(b) Coordination.--Section 303(b) of the America COMPETES
Reauthorization Act of 2010 (33 U.S.C. 893c(b)) is amended by
striking ``Secretary of Commerce'' and inserting ``Under
Secretary of Commerce for Oceans and Atmosphere''.
(c) Report.--Section 303(c) of the America COMPETES
Reauthorization Act of 2010 (33 U.S.C. 893c(c)) is amended--
(1) by striking ``the date of enactment of this Act'' and
inserting ``the date of the enactment of the Coast Guard
Authorization Act of 2022'';
(2) by striking ``Secretary of Commerce'' and inserting
``Under Secretary of Commerce for Oceans and Atmosphere'';
and
(3) by striking ``to each committee'' and all that follows
through ``section 302 of this Act'' and inserting ``to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources and the
Committee on Science, Space, and Technology of the House of
Representatives''.
(d) Program and Plan.--Section 303(d) of the America
COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(d)) is
amended--
(1) by striking ``Administrator of the National Oceanic and
Atmospheric Administration'' and inserting ``Under Secretary
of Commerce for Oceans and Atmosphere''; and
(2) by striking ``academic partners'' and all that follows
and inserting ``academic partners.''.
SEC. __22F. ACCELERATING INNOVATION AT COOPERATIVE
INSTITUTES.
(a) Focus on Emerging Technologies.--The Administrator of
the National Oceanic and Atmospheric Administration shall
ensure that the goals of the Cooperative Institutes of the
National Oceanic and Atmospheric Administration include
focusing on advancing or applying emerging technologies,
which may include--
(1) applied uses and development of real-time and other
advanced genetic technologies and applications, including
such technologies and applications that derive genetic
material directly from environmental samples without any
obvious signs of biological source material;
(2) deployment of, and improvements to, the durability,
maintenance, and other
[[Page S5437]]
lifecycle concerns of advanced unmanned vehicles, regional
small research vessels, and other research vessels that
support and launch unmanned vehicles and sensors; and
(3) supercomputing and big data management, including data
collected through electronic monitoring and remote sensing.
(b) Data Sharing.--Each Cooperative Institute shall ensure
that data collected from the work of the institute, other
than classified, confidential, or proprietary data, are
archived and made publicly accessible.
(c) Coordination With Other Programs.--The Cooperative
Institutes shall work with the Interagency Ocean Observation
Committee, the regional associations of the Integrated Ocean
Observing System, and other ocean observing programs to
coordinate technology needs and the transition of new
technologies from research to operations.
SEC. __22G. OCEAN INNOVATION PRIZE AND PRIORITIZATION.
(a) Ocean Innovative Prizes.--Not later than 4 years after
the date of the enactment of this Act, and under the
authority provided by section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719), the
Administrator of the National Oceanic and Atmospheric
Administration, in consultation with the heads of relevant
Federal agencies, including the Secretary of Defense, and in
conjunction with nongovernmental partners, as appropriate and
at the discretion of the Administrator, shall establish at
least one Ocean Innovation Prize to catalyze the rapid
development and deployment of data collection and monitoring
technology related to the Great Lakes, oceans, bays,
estuaries, and coasts in at least one of the areas specified
in subsection (b).
(b) Areas.--The areas specified in this subsection are the
following:
(1) Improved eDNA analytics and deployment with autonomous
vehicles.
(2) Plastic pollution detection, quantification, and
mitigation, including with respect to used fishing gear and
tracking technologies to reduce or eliminate bycatch.
(3) Advanced satellite data and other advanced technology
for improving scientific assessment.
(4) New stock assessment methods using satellite data or
other advanced technologies.
(5) Advanced electronic fisheries monitoring equipment and
data analysis tools, including improved fish species
recognition software, confidential data management, data
analysis and visualization, and storage of electronic
reports, imagery, location information, and other data.
(6) Autonomous and other advanced surface vehicles,
underwater vehicles, or airborne platforms for data
collection and monitoring.
(7) Artificial intelligence and machine learning
applications for data collection and monitoring related to
the Great Lakes, oceans, bays, estuaries, and coasts.
(8) Coral reef ecosystem monitoring.
(9) Electronic equipment, chemical or biological sensors,
data analysis tools, and platforms to identify and fill gaps
in robust and shared continuous data related to the Great
Lakes, oceans, bays, estuaries, and coasts to inform global
earth system models.
(10) Means for protecting aquatic life from injury or other
ill effects caused, in whole or in part, by monitoring or
exploration activities.
(11) Discovery and dissemination of data related to the
Great Lakes, oceans, bays, estuaries, and coasts.
(12) Water quality monitoring, including improved detection
and prediction of harmful algal blooms and pollution.
(13) Enhancing blue carbon sequestration and other ocean
acidification mitigation opportunities.
(14) Such other areas as may be identified by the
Administrator.
(c) Prioritization of Proposals.--In selecting recipients
of Small Business Innovation Research (SBIR) and Small
Business Technology Transfer (STTR) solicitations and
interagency grants for ocean innovation, including the
National Oceanographic Partnership Program, the Administrator
shall prioritize proposals for fiscal years 2023 and 2024
that address at least one of the areas specified in
subsection (b).
SEC. __22H. REAUTHORIZATION OF NOAA PROGRAMS.
Section 306 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892d) is amended--
(1) in paragraph (1), by striking ``$70,814,000 for each of
fiscal years 2019 through 2023'' and inserting ``$71,000,000
for each of fiscal years 2023 through 2026'';
(2) in paragraph (2), by striking ``$25,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$34,000,000
for each of fiscal years 2023 through 2026'';
(3) in paragraph (3), by striking ``$29,932,000 for each of
fiscal years 2019 through 2023'' and inserting ``$38,000,000
for each of fiscal years 2023 through 2026'';
(4) in paragraph (4), by striking ``$26,800,000 for each of
fiscal years 2019 through 2023'' and inserting ``$45,000,000
for each of fiscal years 2023 through 2026''; and
(5) in paragraph (5), by striking ``$30,564,000 for each of
fiscal years 2019 through 2023'' and inserting ``$35,000,000
for each of fiscal years 2023 through 2026''.
SEC. __22I. BLUE ECONOMY VALUATION.
(a) Measurement of Blue Economy Industries.--The
Administrator of the National Oceanic and Atmospheric
Administration, the Director of the Bureau of Economic
Analysis, the Commissioner of the Bureau of Labor Statistics,
the Secretary of the Treasury, and the heads of other
relevant Federal agencies, shall prioritize the collection,
aggregation, and analysis of data to measure the value and
impact of industries related to the Great Lakes, oceans,
bays, estuaries, and coasts on the economy of the United
States, including living resources, marine construction,
marine transportation, offshore mineral extraction, ship and
boat building, tourism, recreation, subsistence, and such
other industries the Administrator considers appropriate
(known as ``Blue Economy'' industries).
(b) Collaboration.--In carrying out subsection (a), the
Administrator shall--
(1) work with the Director of the Bureau of Economic
Analysis and the heads of other relevant Federal agencies to
develop a Coastal and Ocean Economy Satellite Account that
includes national and State-level statistics to measure the
contribution of the Great Lakes, oceans, bays, estuaries, and
coasts to the overall economy of the United States; and
(2) collaborate with national and international
organizations and governments to promote consistency of
methods, measurements, and definitions to ensure
comparability of results between countries.
(c) Report.--Not less frequently than once every 2 years,
the Administrator, in consultation with the Director of the
Bureau of Economic Analysis, the Commissioner of the Bureau
of Labor Statistics, the Secretary of the Treasury, and the
heads of other relevant Federal agencies, shall publish a
report that--
(1) defines the Blue Economy, in coordination with Tribal
governments, academia, industry, nongovernmental
organizations, and other relevant experts;
(2) makes recommendations for updating North American
Industry Classification System (NAICS) reporting codes to
reflect the Blue Economy; and
(3) provides a comprehensive estimate of the value and
impact of the Blue Economy with respect to each State and
territory of the United States, including--
(A) the value and impact of--
(i) economic activities that are dependent upon the
resources of the Great Lakes, oceans, bays, estuaries, and
coasts;
(ii) the population and demographic characteristics of the
population along the coasts;
(iii) port and shoreline infrastructure;
(iv) the volume and value of cargo shipped by sea or across
the Great Lakes; and
(v) data collected from the Great Lakes, oceans, bays,
estuaries, and coasts, including such data collected by
businesses that purchase and commodify the data, including
weather prediction and seasonal agricultural forecasting; and
(B) to the extent possible, the qualified value and impact
of the natural capital of the Great Lakes, oceans, bays,
estuaries, and coasts with respect to tourism, recreation,
natural resources, and cultural heritage, including other
indirect values.
SEC. __22J. ADVANCED RESEARCH PROJECTS AGENCY-OCEANS.
(a) Agreement.--Not later than 45 days after the date of
the enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration shall seek to enter
into an agreement with the National Academy of Sciences to
conduct the comprehensive assessment under subsection (b).
(b) Comprehensive Assessment.--
(1) In general.--Under an agreement between the
Administrator and the National Academy of Sciences under this
section, the National Academy of Sciences shall conduct a
comprehensive assessment of the need for and feasibility of
establishing an Advanced Research Projects Agency-Oceans
(ARPA-O) that operates in coordination with and with
nonduplication of existing Federal oceanic research programs,
including programs of the Office of Oceanic and Atmospheric
Research of the National Oceanic and Atmospheric
Administration.
(2) Elements.--The comprehensive assessment carried out
pursuant to paragraph (1) shall include--
(A) an assessment of how an ARPA-O could help overcome the
long-term and high-risk technological barriers in the
development of ocean technologies, with the goal of enhancing
the economic, ecological, and national security of the United
States through the rapid development of technologies that
result in--
(i) improved data collection, monitoring, and prediction of
the ocean environment, including sea ice conditions;
(ii) overcoming barriers to the application of new and
improved technologies, such as high costs and scale of
operational missions;
(iii) improved management practices for protecting
ecological sustainability;
(iv) improved national security capacity;
(v) improved technology for fishery population assessments;
(vi) expedited processes between and among Federal agencies
to successfully identify, transition, and coordinate research
and development output to operations, applications,
commercialization, and other uses; and
(vii) ensuring that the United States maintains a
technological lead in developing and deploying advanced ocean
technologies;
(B) an evaluation of the organizational structures under
which an ARPA-O could be organized, which takes into
account--
(i) best practices for new research programs;
[[Page S5438]]
(ii) consolidation and reorganization of existing Federal
oceanic programs to effectuate coordination and
nonduplication of such programs;
(iii) metrics and approaches for periodic program
evaluation;
(iv) capacity to fund and manage external research awards;
and
(v) options for oversight of the activity through a Federal
agency, an interagency organization, nongovernmental
organization, or other institutional arrangement; and
(C) an estimation of the scale of investment necessary to
pursue high priority ocean technology projects.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Administrator shall submit to
Congress a report on the comprehensive assessment conducted
under subsection (b).
Subtitle M--Climate Change Education
SEC. __23. FINDINGS.
Congress makes the following findings:
(1) The evidence for human-induced climate change is
overwhelming and undeniable.
(2) Atmospheric carbon can be significantly reduced through
conservation, by shifting to renewable energy sources such as
solar, wind, tidal, and geothermal, and by increasing the
efficiency of buildings, including domiciles, and
transportation.
(3) Providing clear information about climate change, in a
variety of forms, can remove the fear and the sense of
helplessness, and encourage individuals and communities to
take action.
(4) Implementation of measures that promote energy
efficiency, conservation, and renewable energy will greatly
reduce human impact on the environment.
(5) Informing people of new technologies and programs as
they become available will ensure maximum understanding and
maximum effect of those measures.
(6) More than 3,000,000 students graduate from high schools
and colleges in the United States each year, armed with
attitudes, skills, and knowledge about the climate that
inform their actions.
(7) The effect on the climate, positive or negative, of
each of those 3,000,000 students lasts beyond a lifetime.
(8) Those students need to be prepared to implement changes
in professional and personal practices, to support and help
develop new technology and policy, and to address the coming
social and economic challenges and opportunities arising from
a changing climate.
(9) It has been demonstrated that the people of the United
States overwhelmingly support teaching students about the
causes, consequences, and potential solutions to climate
change in all 50 States and more than 3,000 counties across
the United States.
(10) Only 30 percent of middle school and 45 percent of
high school science teachers understand the extent of the
scientific consensus on climate change.
SEC. __23A. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Climate change education.--The term ``climate change
education'' means nonformal and formal interdisciplinary
learning at all age levels about--
(A) climate change, climate adaptation and mitigation,
climate resilience, and climate justice; and
(B) the effects of climate change, climate adaptation and
mitigation, climate resilience, and climate justice on the
environmental, energy, social, and economic systems of the
United States.
(3) Climate literacy.--The term ``climate literacy'' means
competence or knowledge of climate change, its causes and
impacts, and the technical, scientific, economic, and social
dynamics of promising solutions.
(4) Climate justice.--The term ``climate justice'' means
the fair treatment and meaningful involvement of all people,
regardless of race, color, culture, national origin, or
income, with respect to the development, implementation, and
enforcement of policies and projects to ensure that each
person enjoys the same degree of protection from the adverse
effects of climate change.
(5) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people, regardless of race, color, culture, national
origin, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that each person enjoys--
(A) the same degree of protection from environmental and
health hazards; and
(B) equal access to any Federal agency action on
environmental justice issues in order to have a healthy
environment in which to live, learn, work, and recreate.
(6) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-
income communities, or Tribal and indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects as compared to
other communities.
(7) Green economy.--The term ``green economy'' means an
economy that results in improved human and economic well-
being and social equity by significantly reducing
environmental risks and ecological scarcities.
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(9) Local educational agency; state educational agency.--
The terms ``local educational agency'' and ``State
educational agency'' have the meanings given those terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(10) Nonformal.--The term ``nonformal'' means, with respect
to learning, out-of-school educational programming carried
out by nonprofit organizations and public agencies.
(11) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under 501(a) of that Code.
SEC. __23B. CLIMATE CHANGE EDUCATION PROGRAM.
The Administrator shall establish a Climate Change
Education Program to--
(1) increase the climate literacy of the United States by
broadening the understanding of climate change, including
possible long-term and short-term consequences,
disproportionate impacts of those consequences, and potential
solutions;
(2) apply the latest scientific and technological
discoveries, including through the use of the scientific
assets of the Administration, to provide formal and nonformal
learning opportunities to individuals of all ages, including
individuals of diverse cultural and linguistic backgrounds;
and
(3) emphasize actionable information to help people
understand and promote implementation of new technologies,
programs, and incentives related to climate change, climate
adaptation and mitigation, climate resilience, climate
justice, and environmental justice.
SEC. __23C. GRANT PROGRAM.
(a) In General.--As part of the Climate Change Education
Program established under section __23B, the Administrator
shall establish a program to make grants to the following:
(1) State educational agencies, in partnership with local
educational agencies and local nonprofit organizations, for
the implementation of aspects of State climate literacy plans
for grades 4 through 12 formal and informal climate change
education that--
(A) are aligned with State education standards;
(B) ensure that students graduate from high school with
climate literacy; and
(C) include at least 1 of the following:
(i) Relevant teacher training and professional development.
(ii) Creation of applied learning project-based models,
such as models making optimum use of green features
improvements to school facilities, such as energy systems,
lighting systems, water management, waste management, and
school grounds improvements.
(iii) Incorporation of climate change mitigation and green
technologies into new and existing career and technical
education career tracks and work-based learning experiences,
including development of partnerships with labor
organizations, trade organizations, and apprenticeship
programs.
(2) Institutions of higher education and networks or
partnerships of such institutions to engage teams of faculty
and students to develop applied climate research and deliver
to local communities direct services related to local climate
mitigation and adaptation issues, with priority given to
projects that--
(A) foster long-term campus-community partnerships;
(B) show potential to scale work beyond the grant term;
(C) are inclusive for all segments of the population; and
(D) promote equitable and just outcomes.
(3) Professional associations and academic disciplinary
societies for projects that build capacity at the State and
national levels for continuing education by practicing
professionals and the general public in green economy fields.
(4) Youth corps organizations to engage in community-based
climate mitigation and adaptation work that includes a
substantive educational component.
(b) Consultation.--The Administrator shall annually consult
with other relevant agencies of the Federal Government to
determine ways in which grant making under subsection (a) can
enhance and support other national climate education and
training and environmental justice goals.
(c) Environmental Justice Communities.--The Administrator
shall ensure that 40 percent of all funds appropriated for
grants under paragraphs (2) and (4) of subsection (a) are
directed into environmental justice communities.
(d) Communities of Practice.--The Administrator shall
establish communities of practice with respect to each of
paragraphs (1) through (4) of subsection (a) in order to
accelerate learning.
SEC. __23D. REPORT.
Not later than 2 years after the date of the enactment of
this Act, and annually thereafter, the Administrator shall
submit to Congress a report that evaluates the scientific
merits, educational effectiveness, and broader effects of
activities carried out under this subtitle.
[[Page S5439]]
SEC. __23E. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the National Oceanic and Atmospheric Administration to carry
out this subtitle $50,000,000 for each of fiscal years 2022
through 2027.
(b) Allocation of Amounts for Grant Program.--
(1) In general.--Amounts appropriated to carry out the
grant program required by section __23C(a) shall be allocated
as follows:
(A) Not less than 40 percent and not more than 60 percent
for grants made under paragraph (1) of such section.
(B) Not less than 20 percent and not more than 40 percent
for grants made under paragraph (2) of such section.
(C) Not less than 5 percent and not more than 20 percent
for grants made under paragraph (3) of such section.
(D) Not less than 5 percent and not more than 20 percent
for grants made under paragraph (4) of such section.
(E) Such amount as the Administrator determines appropriate
for the administration of this subtitle.
(2) Exception.--If amounts appropriated to carry out the
grant program required by section __23C(a) do not exceed
$10,000,000 in any fiscal year, the National Oceanic and
Atmospheric Administration may prioritize grants made under
subparagraphs (A) and (B) of paragraph (1) of such section.
Subtitle N--Office of Education Technology to Support the Bureau of
Indian Education
SEC. __24. UPDATING BUREAU OF INDIAN AFFAIRS PROGRAMS.
Part B of title XI of the Education Amendments of 1978 (25
U.S.C. 2000 et seq.) is amended by striking ``Office of
Indian Education Programs'' each place it appears (in any
font) and inserting ``Bureau of Indian Education'' (in the
corresponding font).
SEC. __24A. ESTABLISHMENT FOR THE OFFICE OF EDUCATION
TECHNOLOGY TO SUPPORT THE BUREAU OF INDIAN
EDUCATION.
Section 1133 of the Education Amendments of 1978 (25 U.S.C.
2013) is amended by adding at the end the following:
``(c) Bureau of Indian Education Office of Education
Technology.--
``(1) Establishment.--
``(A) In general.--Not later than 24 months after the date
of the enactment of this subsection, the Secretary shall
establish the Office of Education Technology under the
Assistant Secretary for Indian Affairs to be administered by
the Deputy Assistant Secretary of Indian Affairs
(Management).
``(B) Capacity and coordination.--Not later than 36 months
after the date of the enactment of this subsection, the
Office of the Assistant Secretary of Indian Affairs shall
coordinate with the Bureau of Indian Education Director to
ensure consistent and timely coordination for the Office of
Education Technology to be at full capacity.
``(C) Transfer.--Not later than 37 months after the date of
the enactment of this subsection, the Deputy Assistant
Secretary of Indian Affairs (Management), the Secretary (in
consultation with the Chief Information Officer for the
Department of the Interior), the Assistant Secretary for
Indian Affairs, and the Director of the Bureau of Indian
Education shall transfer the Office of Educational Technology
to the Bureau of Indian Education.
``(2) Purpose.--The Office of Education Technology shall
ensure that the Bureau of Indian Education has the necessary
education technology support to improve educational outcomes.
``(3) Duties.--The Office of Education Technology shall--
``(A) manage the procurement, distribution, and updates for
information technology and related equipment;
``(B) plan, coordinate, and implement policies related to
information technology and related equipment;
``(C) provide technical assistance for the agency school
boards, Bureau of Indian Education Funded Schools, and early
childhood services; and
``(D) coordinate education technology programs and
activities for the Bureau of Indian Education.
``(d) Implementation of Education Technology Modernization
Systems.--
``(1) Needs assessment.--Not later than 2 years after the
date of the enactment of this subsection, the Office of the
Assistant Secretary for Indian Affairs and the Bureau of
Indian Education shall complete a needs assessment of
education technology for Bureau of Indian Education Funded
Schools.
``(2) Implementation.--Not later than 3 years after the
date of the enactment of this subsection, the Secretary shall
complete the implementation of a long-term modernization plan
and report progress updates for Bureau of Indian Education
Funded Schools.
``(e) Reporting.--Not later than 3 years after the date of
the enactment of this subsection, and each fiscal year
thereafter, the Secretary shall submit to the Committee on
Natural Resources and Committee on Education and Labor of the
House of Representatives and the Committee on Indian Affairs
of the Senate, a report that contains--
``(1) a yearly evaluation of the implementation of this
Act, including a description of the progress of the Office of
Information Technology in carrying out the activities
described in subsection (c)(3); and
``(2) such other information the Director of the Bureau of
Indian Education, in coordination with the Assistant
Secretary for Indian Affairs deems necessary.
``(f) Definitions.--In this section:
``(1) Bureau of indian education funded schools.--The term
`Bureau of Indian Education Funded Schools' means Bureau of
Indian Education operated schools, schools operated pursuant
to a grant under the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2501 et seq.), and schools operated pursuant to a
contract under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.).
``(2) Office of education technology.--The term `Office of
Education Technology' means the Office of Education
Technology supporting the Bureau of Indian Education
established under this subsection.''.
Subtitle O--Public Land Renewable Energy Development Act
SEC. __25. DEFINITIONS.
In this subtitle:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) Federal land administered by the Secretary; and
(B) not excluded from the development of geothermal, solar,
or wind energy under--
(i) a land use plan; or
(ii) other Federal law.
(2) Exclusion area.--The term ``exclusion area'' means
covered land that is identified by the Bureau of Land
Management as not suitable for development of renewable
energy projects.
(3) Federal land.--The term ``Federal land'' means--
(A) public lands; and
(B) lands of the National Forest System as described in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)).
(4) Fund.--The term ``Fund'' means the Renewable Energy
Resource Conservation Fund established by section
__25C(c)(1).
(5) Land use plan.--The term ``land use plan'' means--
(A) in regard to Federal land, a land use plan established
under the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(B) in regard to National Forest System lands, a land
management plan approved, amended, or revised under section 6
of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604).
(6) Priority area.--The term ``priority area'' means
covered land identified by the land use planning process of
the Bureau of Land Management as being a preferred location
for a renewable energy project, including a designated
leasing area (as defined in section 2801.5(b) of title 43,
Code of Federal Regulations (or a successor regulation)) that
is identified under the rule of the Bureau of Land Management
entitled ``Competitive Processes, Terms, and Conditions for
Leasing Public Lands for Solar and Wind Energy Development
and Technical Changes and Corrections'' (81 Fed. Reg. 92122
(December 19, 2016)) (or a successor regulation).
(7) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702).
(8) Renewable energy project.--The term ``renewable energy
project'' means a project carried out on covered land that
uses wind, solar, or geothermal energy to generate energy.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) Variance area.--The term ``variance area'' means
covered land that is--
(A) not an exclusion area;
(B) not a priority area; and
(C) identified by the Secretary as potentially available
for renewable energy development and could be approved
without a plan amendment, consistent with the principles of
multiple use (as defined in the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.)).
SEC. __25A. LAND USE PLANNING; UPDATES TO PROGRAMMATIC
ENVIRONMENTAL IMPACT STATEMENTS.
(a) Priority Areas.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy, shall establish priority areas on
covered land for geothermal, solar, and wind energy projects,
consistent with the principles of multiple use (as defined in
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.)) and the renewable energy permitting goal
enacted by the Consolidated Appropriations Act of 2021
(Public Law 116-260). Among applications for a given
renewable energy source, proposed projects located in
priority areas for that renewable energy source shall--
(A) be given the highest priority for incentivizing
deployment thereon; and
(B) be offered the opportunity to participate in any
regional mitigation plan developed for the relevant priority
areas.
(2) Establishing priority areas.--
(A) Geothermal energy.--For geothermal energy, the
Secretary shall establish priority areas as soon as
practicable, but not later than 5 years, after the date of
enactment of this Act.
(B) Solar energy.--For solar energy--
(i) solar designated leasing areas (including the solar
energy zones established by Bureau of Land Management Solar
Energy Program, established in October 2012), and any
subsequent land use plan amendments, shall be considered to
be priority areas for solar energy projects; and
(ii) the Secretary shall complete a process to consider
establishing additional solar priority areas as soon as
practicable, but not
[[Page S5440]]
later than 3 years, after the date of enactment of this Act.
(C) Wind energy.--For wind energy, the Secretary shall
complete a process to consider establishing additional wind
priority areas as soon as practicable, but not later than 3
years, after the date of enactment of this Act.
(b) Variance Areas.--Variance areas shall be considered for
renewable energy project development, consistent with the
principles of multiple use (as defined in the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.))
and the renewable energy permitting goal enacted by the
Consolidated Appropriations Act of 2021 (Public Law 116-260),
and applications for a given renewable energy source located
in those variance areas shall be timely processed in order to
assist in meeting that goal.
(c) Review and Modification.--
(1) In general.--Not less than once every 10 years, the
Secretary shall--
(A) review the adequacy of land allocations for geothermal,
solar, and wind energy priority, exclusion, and variance
areas for the purpose of encouraging and facilitating new
renewable energy development opportunities; and
(B) based on the review carried out under subparagraph (A),
add, modify, or eliminate priority, variance, and exclusion
areas.
(2) Exception.--Paragraph (1) shall not apply to the
renewable energy land use planning published in the Desert
Renewable Energy Conservation Plan developed by the
California Energy Commission, the California Department of
Fish and Wildlife, the Bureau of Land Management, and the
United States Fish and Wildlife Service until January 1,
2031.
(d) Compliance With the National Environmental Policy
Act.--For purposes of this section, compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) shall be accomplished--
(1) for geothermal energy, by updating the document
entitled ``Final Programmatic Environmental Impact Statement
for Geothermal Leasing in the Western United States'', dated
October 2008, and incorporating any additional regional
analyses that have been completed by Federal agencies since
that programmatic environmental impact statement was
finalized;
(2) for solar energy, by updating the document entitled
``Final Programmatic Environmental Impact Statement (PEIS)
for Solar Energy Development in Six Southwestern States'',
dated July 2012, and incorporating any additional regional
analyses that have been completed by Federal agencies since
that programmatic environmental impact statement was
finalized; and
(3) for wind energy, by updating the document entitled
``Final Programmatic Environmental Impact Statement on Wind
Energy Development on BLM-Administered Lands in the Western
United States'', dated July 2005, and incorporating any
additional regional analyses that have been completed by
Federal agencies since the programmatic environmental impact
statement was finalized.
(e) No Effect on Processing Site Specific Applications.--
Site specific environmental review and processing of permits
for proposed projects shall proceed during preparation of an
updated programmatic environmental impact statement, resource
management plan, or resource management plan amendment.
(f) Coordination.--In developing updates required by this
section, the Secretary shall coordinate, on an ongoing basis,
with appropriate State, Tribal, and local governments,
transmission infrastructure owners and operators, developers,
and other appropriate entities to ensure that priority areas
identified by the Secretary are--
(1) economically viable (including having access to
existing and planned transmission lines);
(2) likely to avoid or minimize impacts to habitat for
animals and plants, recreation, cultural resources, and other
uses of covered land; and
(3) consistent with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712), including
subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).
SEC. __25B. LIMITED GRANDFATHERING.
(a) Definition of Project.--In this section, the term
``project'' means a system described in section 2801.9(a)(4)
of title 43, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(b) Requirement To Pay Rents and Fees.--Unless otherwise
agreed to by the owner of a project, the owner of a project
that applied for a right-of-way under section 501 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1761) on or before December 19, 2017, shall be obligated to
pay with respect to the right-of-way all rents and fees in
effect before the effective date of the rule of the Bureau of
Land Management entitled ``Competitive Processes, Terms, and
Conditions for Leasing Public Lands for Solar and Wind Energy
Development and Technical Changes and Corrections'' (81 Fed.
Reg. 92122 (December 19, 2016)).
SEC. __25C. DISPOSITION OF REVENUES.
(a) Disposition of Revenues.--
(1) Availability.--Subject to future appropriations, and
except as provided in paragraph (2), beginning on January 1,
2023, amounts collected from a wind or solar project as bonus
bids, rentals, fees, or other payments under a right-of-way,
permit, lease, or other authorization, are authorized to be
made available as follows:
(A) Twenty-five percent shall be paid by the Secretary of
the Treasury to the State within the boundaries of which the
revenue is derived.
(B) Twenty-five percent shall be paid by the Secretary of
the Treasury to the one or more counties within the
boundaries of which the revenue is derived, to be allocated
among the counties based on the percentage of land from which
the revenue is derived.
(C) Twenty-five percent shall be deposited in the Treasury
and be made available to the Secretary to carry out the
program established under this subtitle, including the
transfer of the funds by the Bureau of Land Management to
other Federal agencies and State agencies to facilitate the
processing of renewable energy permits on Federal land, with
priority given to using the amounts, to the maximum extent
practicable without detrimental impacts to emerging markets,
to expediting the issuance of permits required for the
development of renewable energy projects in the States from
which the revenues are derived.
(D) Twenty-five percent shall be deposited in the Renewable
Energy Resource Conservation Fund established by subsection
(c).
(2) Exceptions.--Paragraph (1) shall not apply to the
following:
(A) Amounts collected under section 504(g) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)).
(B) Amounts deposited into the National Parks and Public
Land Legacy Restoration Fund under section 200402(b) of title
54, United States Code.
(b) Payments to States and Counties.--
(1) In general.--Amounts paid to States and counties under
subsection (a)(1) shall be used consistent with section 35 of
the Mineral Leasing Act (30 U.S.C. 191).
(2) Payments in lieu of taxes.--A payment to a county under
paragraph (1) shall be in addition to a payment in lieu of
taxes received by the county under chapter 69 of title 31,
United States Code.
(c) Renewable Energy Resource Conservation Fund.--
(1) In general.--There is established in the Treasury a
fund to be known as the ``Renewable Energy Resource
Conservation Fund'', which shall be administered by the
Secretary, in consultation with the Secretary of Agriculture.
(2) Use of funds.--The Secretary may make amounts in the
Fund available to Federal, State, local, and Tribal agencies
to be distributed in regions in which renewable energy
projects are located on Federal land. Such amounts may be
used to--
(A) restore and protect--
(i) fish and wildlife habitat for affected species;
(ii) fish and wildlife corridors for affected species; and
(iii) wetlands, streams, rivers, and other natural water
bodies in areas affected by wind, geothermal, or solar energy
development; and
(B) preserve and improve recreational access to Federal
land and water in an affected region through an easement,
right-of-way, or other instrument from willing landowners for
the purpose of enhancing public access to existing Federal
land and water that is inaccessible or restricted.
(3) Partnerships.--The Secretary may enter into cooperative
agreements with State and Tribal agencies, nonprofit
organizations, and other appropriate entities to carry out
the activities described in paragraph (2).
(4) Investment of fund.--
(A) In general.--Amounts deposited in the Fund shall earn
interest in an amount determined by the Secretary of the
Treasury on the basis of the current average market yield on
outstanding marketable obligations of the United States of
comparable maturities.
(B) Use.--Interest earned under subparagraph (A) may be
expended in accordance with this subsection.
(5) Report to congress.--At the end of each fiscal year,
the Secretary shall submit a report to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate that
includes a description of--
(A) the amount collected as described in subsection (a), by
source, during that fiscal year;
(B) the amount and purpose of payments during that fiscal
year to each Federal, State, local, and Tribal agency under
paragraph (2); and
(C) the amount remaining in the Fund at the end of the
fiscal year.
(6) Intent of congress.--It is the intent of Congress that
the revenues deposited and used in the Fund shall supplement
(and not supplant) annual appropriations for activities
described in paragraph (2).
SEC. __25D. SAVINGS.
Notwithstanding any other provision of this subtitle, the
Secretary shall continue to manage public lands under the
principles of multiple use and sustained yield in accordance
with title I of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland
Renewable Resources Planning Act of 1974 (43 U.S.C. 1701 et
seq.), as applicable, including due consideration of mineral
and nonrenewable energy-related projects and other
nonrenewable energy uses, for the purposes of land use
planning, permit processing, and conducting environmental
reviews.
[[Page S5441]]
Subtitle P--Increasing Community Access to Resiliency Grants
SEC. __26. CENTRALIZED WEBSITE FOR RESILIENCY GRANTS.
(a) In General.--Not later than 180 days after the date of
enactment of this subsection, the Administrator shall
establish and regularly update a publicly available website
that includes--
(1) hyperlinks to all grants administered by the National
Oceanic and Atmospheric Administration and hyperlinks to
other Federal agencies that offer similar grants to assist
State, Tribal, and local governments with resiliency,
adaptation, and mitigation of climate change and sea level
rise; and
(2) with respect to each such grant, the contact
information for an individual who can offer assistance to
State, Tribal, and local governments.
(b) Outreach.--The Administrator shall conduct outreach
activities to inform State, Tribal, and local governments of
the resiliency, adaptation, and mitigation grants.
(c) Administrator.--In this section, the term
``Administrator'' means the Secretary of Commerce acting
through the Administrator of the National Oceanic and
Atmospheric Administration.
Subtitle Q--Keep America's Waterfronts Working
SEC. __27. WORKING WATERFRONTS GRANT PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.) is amended by adding at the end the following:
``SEC. 320. WORKING WATERFRONTS GRANT PROGRAM.
``(a) Working Waterfront Task Force.--
``(1) Establishment and functions.--The Secretary of
Commerce shall establish a task force to work directly with
coastal States, user groups, and coastal stakeholders to
identify and address critical needs with respect to working
waterfronts.
``(2) Membership.--The members of the task force shall be
appointed by the Secretary of Commerce, and shall include--
``(A) experts in the unique economic, social, cultural,
ecological, geographic, and resource concerns of working
waterfronts; and
``(B) representatives from the National Oceanic and
Atmospheric Administration's Office of Coastal Management,
the United States Fish and Wildlife Service, the Department
of Agriculture, the Environmental Protection Agency, the
United States Geological Survey, the Navy, the National
Marine Fisheries Service, the Economic Development Agency,
and such other Federal agencies as the Secretary considers
appropriate.
``(3) Functions.--The task force shall--
``(A) identify and prioritize critical needs with respect
to working waterfronts in States that have a management
program approved by the Secretary of Commerce pursuant to
section 306, in the areas of--
``(i) economic and cultural importance of working
waterfronts to communities;
``(ii) changing environments and threats working
waterfronts face from environment changes, trade barriers,
sea level rise, extreme weather events, ocean acidification,
and harmful algal blooms; and
``(iii) identifying working waterfronts and highlighting
them within communities;
``(B) outline options, in coordination with coastal States
and local stakeholders, to address such critical needs,
including adaptation and mitigation where applicable;
``(C) identify Federal agencies that are responsible under
existing law for addressing such critical needs; and
``(D) recommend Federal agencies best suited to address any
critical needs for which no agency is responsible under
existing law.
``(4) Information to be considered.--In identifying and
prioritizing policy gaps pursuant to paragraph (3), the task
force shall consider the findings and recommendations
contained in section VI of the report entitled `The
Sustainable Working Waterfronts Toolkit: Final Report', dated
March 2013.
``(5) Report.--Not later than 18 months after the date of
the enactment of this section, the task force shall submit a
report to Congress on its findings.
``(6) Implementation.--The head of each Federal agency
identified in the report pursuant to paragraph (3)(C) shall
take such action as is necessary to implement the
recommendations contained in the report by not later than 1
year after the date of the issuance of the report.
``(b) Working Waterfront Grant Program.--
``(1) The Secretary shall establish a Working Waterfront
Grant Program, in cooperation with appropriate State,
regional, and other units of government, under which the
Secretary may make a grant to any coastal State for the
purpose of implementing a working waterfront plan approved by
the Secretary under subsection (c).
``(2) Subject to the availability of appropriations, the
Secretary shall award matching grants under the Working
Waterfronts Grant Program to coastal States with approved
working waterfront plans through a regionally equitable,
competitive funding process in accordance with the following:
``(A) The Governor, or the lead agency designated by the
Governor for coordinating the implementation of this section,
where appropriate in consultation with the appropriate local
government, shall determine that the application is
consistent with the State's or territory's approved coastal
zone plan, program, and policies prior to submission to the
Secretary.
``(B) In developing guidelines under this section, the
Secretary shall consult with coastal States, other Federal
agencies, and other interested stakeholders with expertise in
working waterfront planning.
``(C) Coastal States may allocate grants to local
governments, Indian Tribes, agencies, or nongovernmental
organizations eligible for assistance under this section.
``(3) In awarding a grant to a coastal State, the Secretary
shall consider--
``(A) the economic, cultural, and historical significance
of working waterfront to the coastal State;
``(B) the demonstrated working waterfront needs of the
coastal State as outlined by a working waterfront plan
approved for the coastal State under subsection (c), and the
value of the proposed project for the implementation of such
plan;
``(C) the ability to successfully leverage funds among
participating entities, including Federal programs, regional
organizations, State and other government units, landowners,
corporations, or private organizations;
``(D) the potential for rapid turnover in the ownership of
working waterfront in the coastal State, and where applicable
the need for coastal States to respond quickly when
properties in existing or potential working waterfront areas
or public access areas as identified in the working
waterfront plan submitted by the coastal State come under
threat or become available; and
``(E) the impact of the working waterfront plan approved
for the coastal State under subsection (c) on the coastal
ecosystem and the users of the coastal ecosystem.
``(4) The Secretary shall approve or reject an application
for such a grant within 60 days after receiving an
application for the grant.
``(c) Working Waterfront Plans.--
``(1) To be eligible for a grant under subsection (b), a
coastal State must submit and have approved by the Secretary
a comprehensive working waterfront plan in accordance with
this subsection, or be in the process of developing such a
plan and have an established working waterfront program at
the State or local level, or the Secretary determines that an
existing coastal land use plan for that State is in
accordance with this subsection.
``(2) Such plan--
``(A) must provide for preservation and expansion of access
to coastal waters to persons engaged in commercial fishing,
recreational fishing and boating businesses, aquaculture,
boatbuilding, or other water-dependent, coastal-related
business;
``(B) shall include one or more of--
``(i) an assessment of the economic, social, cultural, and
historic value of working waterfront to the coastal State;
``(ii) a description of relevant State and local laws and
regulations affecting working waterfront in the geographic
areas identified in the working waterfront plan;
``(iii) identification of geographic areas where working
waterfronts are currently under threat of conversion to uses
incompatible with commercial and recreational fishing,
recreational fishing and boating businesses, aquaculture,
boatbuilding, or other water-dependent, coastal-related
business, and the level of that threat;
``(iv) identification of geographic areas with a historic
connection to working waterfronts where working waterfronts
are not currently available, and, where appropriate, an
assessment of the environmental impacts of any expansion or
new development of working waterfronts on the coastal
ecosystem;
``(v) identification of other working waterfront needs
including improvements to existing working waterfronts and
working waterfront areas;
``(vi) a strategic and prioritized plan for the
preservation, expansion, and improvement of working
waterfronts in the coastal State;
``(vii) for areas identified under clauses (iii), (iv),
(v), and (vi), identification of current availability and
potential for expansion of public access to coastal waters;
``(viii) a description of the degree of community support
for such strategic plan; and
``(ix) a contingency plan for properties that revert to the
coastal State pursuant to determinations made by the coastal
State under subsection (g)(4)(C);
``(C) may include detailed environmental impacts on working
waterfronts, including hazards, sea level rise, inundation
exposure, and other resiliency issues;
``(D) may be part of the management program approved under
section 306;
``(E) shall utilize to the maximum extent practicable
existing information contained in relevant surveys, plans, or
other strategies to fulfill the information requirements
under this paragraph; and
``(F) shall incorporate the policies and regulations
adopted by communities under local working waterfront plans
or strategies in existence before the date of the enactment
of this section.
``(3) A working waterfront plan--
``(A) shall be effective for purposes of this section for
the 5-year period beginning on the date it is approved by the
Secretary;
``(B) must be updated and re-approved by the Secretary
before the end of such period; and
``(C) shall be complimentary to and incorporate the
policies and objectives of regional or local working
waterfront plans as in effect before the date of enactment of
this section or as subsequently revised.
``(4) The Secretary may--
[[Page S5442]]
``(A) award planning grants to coastal States for the
purpose of developing or revising comprehensive working
waterfront plans; and
``(B) award grants consistent with the purposes of this
section to States undertaking the working waterfront planning
process under this section, for the purpose of preserving and
protecting working waterfronts during such process.
``(5) Any coastal State applying for a working waterfront
grant under this title shall--
``(A) develop a working waterfront plan, using a process
that involves the public and those with an interest in the
coastal zone;
``(B) coordinate development and implementation of such a
plan with other coastal management programs, regulations, and
activities of the coastal State; and
``(C) if the coastal State allows qualified holders (other
than the coastal State) to enter into working waterfront
covenants, provide as part of the working waterfront plan
under this subsection a mechanism or procedure to ensure that
the qualified holders are complying their duties to enforce
the working waterfront covenant.
``(d) Uses, Terms, and Conditions.--
``(1) Each grant made by the Secretary under this section
shall be subject to such terms and conditions as may be
appropriate to ensure that the grant is used for purposes
consistent with this section.
``(2) A grant under this section may be used--
``(A) to acquire a working waterfront, or an interest in a
working waterfront;
``(B) to make improvements to a working waterfront,
including the construction or repair of wharfs, boat ramps,
or related facilities; or
``(C) for necessary climate adaptation mitigation.
``(e) Public Access Requirement.--A working waterfront
project funded by grants made under this section must provide
for expansion, improvement, or preservation of reasonable and
appropriate public access to coastal waters at or in the
vicinity of a working waterfront, except for commercial
fishing or other industrial access points where the coastal
State determines that public access would be unsafe.
``(f) Limitations.--
``(1) Except as provided in paragraph (2), a grant awarded
under this section may be used to purchase working waterfront
or an interest in working waterfront, including an easement,
only from a willing seller and at fair market value.
``(2) A grant awarded under this section may be used to
acquire working waterfront or an interest in working
waterfront at less than fair market value only if the owner
certifies to the Secretary that the sale is being entered
into willingly and without coercion.
``(3) No Federal, State, or local entity may exercise the
power of eminent domain to secure title to any property or
facilities in connection with a project carried out under
this section.
``(g) Allocation of Grants to Local Governments and Other
Entities.--
``(1) The Secretary shall encourage coastal States to
broadly allocate amounts received as grants under this
section among working waterfronts identified in working
waterfront plans approved under subsection (c).
``(2) Subject to the approval of the Secretary, a coastal
State may, as part of an approved working waterfront plan,
designate as a qualified holder any unit of State or local
government or nongovernmental organization, if the coastal
State is ultimately responsible for ensuring that the
property will be managed in a manner that is consistent with
the purposes for which the land entered into the program.
``(3) A coastal State or a qualified holder designated by a
coastal State may allocate to a unit of local government,
nongovernmental organization, fishing cooperative, or other
entity, a portion of any grant made under this section for
the purpose of carrying out this section, except that such an
allocation shall not relieve the coastal State of the
responsibility for ensuring that any funds so allocated are
applied in furtherance of the coastal State's approved
working waterfront plan.
``(4) A qualified holder may hold title to or interest in
property acquired under this section, except that--
``(A) all persons holding title to or interest in working
waterfront affected by a grant under this section, including
a qualified holder, private citizen, private business,
nonprofit organization, fishing cooperative, or other entity,
shall enter into a working waterfront covenant;
``(B) such covenant shall be held by the coastal State or a
qualified holder designated under paragraph (2);
``(C) if the coastal State determines, on the record after
an opportunity for a hearing, that the working waterfront
covenant has been violated--
``(i) all right, title, and interest in and to the working
waterfront covered by such covenant shall, except as provided
in subparagraph (D), revert to the coastal State; and
``(ii) the coastal State shall have the right of immediate
entry onto the working waterfront;
``(D) if a coastal State makes a determination under
subparagraph (C), the coastal State may convey or authorize
the qualified holder to convey the working waterfront or
interest in working waterfront to another qualified holder;
and
``(E) nothing in this subsection waives any legal
requirement under any Federal or State law.
``(h) Matching Contributions.--
``(1) Except as provided in paragraph (2), the Secretary
shall require that each coastal State that receives a grant
under this section, or a qualified holder designated by that
coastal State under subsection (g), shall provide matching
funds in an amount equal to at least 25 percent of the total
cost of the project carried out with the grant.
``(2) The Secretary may waive the application of paragraph
(1) for any qualified holder that is an underserved
community, a community that has an inability to draw on other
sources of funding because of the small population or low
income of the community, or for other reasons the Secretary
considers appropriate.
``(3) A local community designated as a qualified holder
under subsection (g) may utilize funds or other in-kind
contributions donated by a nongovernmental partner to satisfy
the matching funds requirement under this subsection.
``(4) As a condition of receipt of a grant under this
section, the Secretary shall require that a coastal State
provide to the Secretary such assurances as the Secretary
determines are sufficient to demonstrate that the share of
the cost of each eligible project that is not funded by the
grant awarded under this section has been secured.
``(5) If financial assistance under this section represents
only a portion of the total cost of a project, funding from
other Federal sources may be applied to the cost of the
project. Each portion shall be subject to match requirements
under the applicable provision of law.
``(6) The Secretary shall treat as non-Federal match the
value of a working waterfront or interest in a working
waterfront, including conservation and other easements, that
is held in perpetuity by a qualified holder, if the working
waterfront or interest is identified in the application for
the grant and acquired by the qualified holder within 3 years
of the grant award date, or within 3 years after the
submission of the application and before the end of the grant
award period. Such value shall be determined by an appraisal
performed at such time before the award of the grant as the
Secretary considers appropriate.
``(7) The Secretary shall treat as non-Federal match the
costs associated with acquisition of a working waterfront or
an interest in a working waterfront, and the costs of
restoration, enhancement, or other improvement to a working
waterfront, if the activities are identified in the project
application and the costs are incurred within the period of
the grant award, or, for working waterfront described in
paragraph (6), within the same time limits described in that
paragraph. These costs may include either cash or in-kind
contributions.
``(i) Limit on Administrative Costs.--No more than 5
percent of the funds made available to the Secretary under
this section may be used by the Secretary for planning or
administration of the program under this section.
``(j) Other Technical and Financial Assistance.--
``(1) Up to 5 percent of the funds appropriated under this
section may be used by the Secretary for purposes of
providing technical assistance as described in this
subsection.
``(2) The Secretary shall--
``(A) provide technical assistance to coastal States and
local governments in identifying and obtaining other sources
of available Federal technical and financial assistance for
the development and revision of a working waterfront plan and
the implementation of an approved working waterfront plan;
``(B) provide technical assistance to States and local
governments for the development, implementation, and revision
of comprehensive working waterfront plans, which may include,
subject to the availability of appropriations, planning
grants and assistance, pilot projects, feasibility studies,
research, and other projects necessary to further the
purposes of this section;
``(C) assist States in developing other tools to protect
working waterfronts;
``(D) collect and disseminate to States guidance for best
storm water management practices in regards to working
waterfronts;
``(E) provide technical assistance to States and local
governments on integrating resilience planning into working
waterfront preservation efforts; and
``(F) collect and disseminate best practices on working
waterfronts and resilience planning.
``(k) Other Requirements.-- All laborers and mechanics
employed by contractors or subcontractors in the performance
of construction, alteration or repair work carried out, in
whole or in part, with financial assistance made available
under this section shall be paid wages at rates not less than
those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40,
United States Code. With respect to the labor standards
specified in this section, the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code.
``(l) Reports.--
``(1) The Secretary shall--
``(A) develop performance measures to evaluate and report
on the effectiveness of
[[Page S5443]]
the program under this section in accomplishing the purpose
of this section; and
``(B) submit to Congress a biennial report that includes
such evaluations, an account of all expenditures, and
descriptions of all projects carried out using grants awarded
under this section.
``(2) The Secretary may submit the biennial report under
paragraph (1)(B) by including it in the biennial report
required under section 316.
``(m) Definitions.--In this section:
``(1) The term `qualified holder' means a coastal State or
a unit of local or coastal State government or a non-State
organization designated by a coastal State under subsection
(g).
``(2) The term `Secretary' means the Secretary, acting
through the National Oceanic and Atmospheric Administration.
``(3) The term `working waterfront' means real property
(including support structures over water and other
facilities) that provides access to coastal waters to persons
engaged in commercial and recreational fishing, recreational
fishing and boating businesses, boatbuilding, aquaculture, or
other water-dependent, coastal-related business and is used
for, or that supports, commercial and recreational fishing,
recreational fishing and boating businesses, boatbuilding,
aquaculture, or other water-dependent, coastal-related
business.
``(4) The term `working waterfront covenant' means an
agreement in recordable form between the owner of working
waterfront and one or more qualified holders, that provides
such assurances as the Secretary may require that--
``(A) the title to or interest in the working waterfront
will be held by a grant recipient or qualified holder in
perpetuity, except as provided in subparagraph (C);
``(B) the working waterfront will be managed in a manner
that is consistent with the purposes for which the property
is acquired pursuant to this section, and the property will
not be converted to any use that is inconsistent with the
purpose of this section;
``(C) if the title to or interest in the working waterfront
is sold or otherwise exchanged--
``(i) all working waterfront owners and qualified holders
involved in such sale or exchange shall accede to such
agreement; and
``(ii) funds equal to the fair market value of the working
waterfront or interest in working waterfront shall be paid to
the Secretary by parties to the sale or exchange, and such
funds shall, at the discretion of the Secretary, be paid to
the coastal State in which the working waterfront is located
for use in the implementation of the working waterfront plan
of the State approved by the Secretary under this section;
and
``(D) such covenant is subject to enforcement and oversight
by the coastal State or by another person as determined
appropriate by the Secretary.
``(n) Authorization of Appropriations.--There is authorized
to be appropriated to the Grant Program $15,000,000.''.
Subtitle R--Blue Carbon for Our Planet
SEC. __28. INTERAGENCY WORKING GROUP.
(a) Establishment.--The National Science and Technology
Council Subcommittee on Ocean Science and Technology shall
establish an Interagency Working Group on Coastal Blue
Carbon.
(b) Purposes.--The Interagency Working Group on Coastal
Blue Carbon shall oversee the development of a national map
of coastal blue carbon ecosystems, establish national coastal
blue carbon ecosystem protection and restoration priorities,
assess the biophysical, social, and economic impediments to
coastal blue carbon ecosystem restoration, study the effects
of climate change, environmental stressors, and human
stressors on carbon sequestration rates, and preserve the
continuity of coastal blue carbon data.
(c) Membership.--The Interagency Working Group on Coastal
Blue Carbon shall be comprised of senior representatives from
the National Oceanic and Atmospheric Administration, the
Environmental Protection Agency, the National Science
Foundation, the National Aeronautics and Space
Administration, the United States Geological Survey, the
United States Fish and Wildlife Service, the National Park
Service, the Bureau of Indian Affairs, the Smithsonian
Institution, the Army Corps of Engineers, the Department of
Agriculture, the Department of Energy, the Department of
Defense, the Department of Transportation, the Department of
State, the Federal Emergency Management Agency, and the
Council on Environmental Quality.
(d) Chair.--The Interagency Working Group shall be chaired
by the Administrator.
(e) Responsibilities.--The Interagency Working Group
shall--
(1) oversee the development, update, 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 protection planning and
restoration;
(2) develop a strategic assessment of the biophysical,
chemical, social, statutory, regulatory, and economic
impediments to protection and restoration of coastal blue
carbon ecosystems;
(3) develop a national strategy for foundational science
necessary to study, synthesize, and evaluate the effects of
climate change, environmental, and human stressors on
sequestration rates and capabilities of coastal blue carbon
ecosystems protection;
(4) establish national coastal blue carbon ecosystem
protection and restoration priorities, including an
assessment of current Federal funding being used for
restoration efforts;
(5) ensure the continuity, use, and interoperability of
data assets through the Smithsonian Environmental Research
Center's Coastal Carbon Data Clearinghouse; and
(6) assess current legal authorities to protect and restore
blue carbon ecosystems.
(f) Reports to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Interagency Working Group
shall provide to the Committee on Science, Space, and
Technology of the House of Representatives, the Committee on
Natural Resources of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing the following:
(A) A summary of federally funded coastal blue carbon
ecosystem research, monitoring, preservation, and restoration
activities, including the budget for each of these activities
and describe the progress in advancing the national
priorities established in section __28B(a)(4)(A).
(B) An assessment of biophysical, social, and economic
impediments to coastal blue carbon ecosystem restoration,
including the vulnerability of coastal blue carbon ecosystems
to climate impacts, such as sea-level rise, 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 at the start of the
first fiscal year after the date on which the budget
assessment is submitted under paragraph (1). The plan shall
include an assessment of the use of existing Federal programs
to protect and preserve coastal blue carbon ecosystems and
identify the need for any additional authorities or programs.
(B) Timing.--The Interagency Working Group shall--
(i) submit the strategic plan under paragraph (A) to the
Committee on Science, Space, and Technology of the House of
Representatives, the Committee on Natural Resources of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate on a date that is
not later than one year after the enactment of this Act and
not earlier than the date on which the report under paragraph
(1) is submitted to such committees of Congress; and
(ii) submit a revised version of such plan not less than
quinquennially thereafter.
(C) Federal register.--Not later than 90 days before the
strategic plan under this paragraph, or any revision thereof,
is submitted under subparagraph (B), the Interagency Working
Group shall publish such plan in the Federal Register and
provide an opportunity for submission of public comments for
a period of not less than 60 days.
SEC. __28A. NATIONAL MAP OF COASTAL BLUE CARBON ECOSYSTEMS.
(a) National Map.--The Interagency Working Group shall--
(1) produce, update at least once every five years, and
maintain a national level map and inventory of coastal blue
carbon ecosystems, including--
(A) the species and types of habitats and species in the
ecosystem;
(B) the condition of such habitats including whether a
habitat is degraded, drained, eutrophic, or tidally
restricted;
(C) type of public or private ownership and any protected
status;
(D) the size of the ecosystem;
(E) the salinity boundaries;
(F) the tidal boundaries;
(G) an assessment of carbon sequestration potential,
methane production, and net greenhouse gas reductions
including consideration of--
(i) quantification;
(ii) verifiability;
(iii) comparison to a historical baseline, as available;
and
(iv) permanence of those benefits;
(H) an assessment of cobenefits of ecosystem and carbon
sequestration;
(I) the potential for landward migration as a result of sea
level rise;
(J) any upstream restrictions detrimental to the watershed
process and conditions such as dams, dikes, and levees;
(K) the conversion of coastal blue carbon ecosystems to
other land uses and the cause of such conversion; and
(L) 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
coastal blue carbon ecosystems; and
(2) in carrying out paragraph (1)--
(A) incorporate, to the extent possible, existing data
collected through federally funded research and by a Federal
agency, State agency, local agency, Tribe, including data
collected from the National Oceanic and Atmospheric
Administration Coastal Change Analysis Program, U.S. Fish and
Wildlife Service National Wetlands Inventory, United States
Geological Survey LandCarbon program, Federal Emergency
Management Agency LiDAR information coordination and
knowledge program, Department of Energy
[[Page S5444]]
Biological and Environmental Research program, and Department
of Agriculture National Coastal Blue Carbon Assessment; and
(B) engage regional technical experts in order to
accurately account for regional differences in coastal blue
carbon ecosystems.
(b) Use.--The Interagency Working Group shall use the
national map and inventory--
(1) to assess the carbon sequestration potential of
different coastal blue carbon habitats, 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 and to provide
technical assistance to regional, State, Tribal, and local
government agencies, and regional information coordination
entities as defined in section 123030(6) of the Integrated
Coastal and Ocean Observation System Act (33 U.S.C. 3602);
(4) to assess degraded coastal blue carbon ecosystems and
their potential for restoration, including developing
scenario modeling to identify vulnerable areas where
management, protection, and restoration efforts should be
focused;
(5) produce future predictions of coastal blue carbon
ecosystems and carbon sequestration rates in the context of
climate change, environmental stressors, and human stressors;
and
(6) use such map to inform the Administrator of the
Environmental Protection Agency's creation of the annual
Inventory of U.S. Greenhouse Gas Emissions and Sinks.
SEC. __28B. RESTORATION AND PROTECTIONS FOR EXISTING COASTAL
BLUE CARBON ECOSYSTEMS.
(a) In General.--The Administrator shall--
(1) lead the Interagency Working Group in implementing the
strategic plan under section __28(f)(2);
(2) coordinate monitoring and research efforts among
Federal agencies in cooperation with State, local, and Tribal
government and international partners and nongovernmental
organizations;
(3) establish a national goal for conserving ocean and
coastal blue carbon ecosystems within the territory of the
United States, and as appropriate setting targets for
restoration of degraded coastal blue carbon ecosystems;
(4) in coordination with the Interagency Working Group and
as informed by the report under section __28(f) on current
Federal expenditures on coastal blue carbon ecosystem
restoration, identify--
(A) national coastal blue carbon ecosystem protection and
restoration priorities 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
(5) in coordination with State, local, and Tribal
governments and coastal stakeholders, develop integrated
pilot programs to restore degraded coastal blue carbon
ecosystems in accordance with subsection (b).
(b) Integrated Pilot Programs To Restore and Protect
Degraded Coastal Blue Carbon Ecosystems.--In carrying out
subsection (a)(5), the Administrator shall--
(1) establish integrated pilot programs that develop best
management practices, including design criteria and
performance functions for coastal blue carbon ecosystem
restoration and protection, nature-based adaptation
strategies, restoration areas that intersect with the built
environments as green-gray infrastructure projects,
management practices for landward progression or migration of
coastal blue carbon ecosystems, and identify potential
barriers to restoration efforts, and increase long-term
carbon sequestration and storage;
(2) ensure that the pilot programs cover geographically and
ecologically diverse locations with 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 maximum potential for greenhouse gas emission
reduction;
(3) establish a procedure for reviewing applications for
the pilot program, taking into account--
(A) quantification;
(B) verifiability;
(C) additionality as compared to a historical baseline,
when feasible; and
(D) permanence of those benefits;
(4) ensure, through consultation with the Interagency
Working Group, that the goals and metrics for the pilot
programs are communicated to the appropriate State, Tribe,
and local governments, and to the general public;
(5) coordinate with relevant Federal agencies on the
Interagency Working Group to prevent unnecessary duplication
of effort among Federal agencies and departments with respect
to restoration and protection programs;
(6) give priority to proposed eligible restoration
activities that would--
(A) result in long-term protection and sequestration of
carbon stored in coastal and marine environments;
(B) protect key habitats for fish, wildlife, and the
maintenance of biodiversity;
(C) provide coastal protection from development, storms,
flooding, and land-based pollution;
(D) protect coastal resources of national, historical, and
cultural significance; and
(E) benefit communities of color, low-income communities,
Tribal or Indigenous communities, or rural communities; and
(7) report to the Interagency Working Group, and Committee
on Science, Space, and Technology of the House of
Representatives, the Committee on Natural Resources of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate on the total number
of acres of land or water protected or restored through the
program, the status of restoration projects, and the blue
carbon sequestration potential of each restoration pilot
project.
SEC. __28C. NAS ASSESSMENT OF CONTAINMENT OF CARBON DIOXIDE
IN DEEP SEAFLOOR ENVIRONMENT.
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 a
comprehensive assessment on the long-term effects of geologic
stores of carbon dioxide in a deep seafloor environment,
including impacts on marine species and ecosystems.
SEC. __28D. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration to carry out this
subtitle $15,000,000 for each of the fiscal years 2023
through 2027.
SEC. __28E. DEFINITIONS.
In this subtitle:
(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 ecosystem.--The term ``coastal blue
carbon ecosystem'' refers to vegetated coastal habitats
including mangroves, tidal marshes, seagrasses, kelp forests,
and other tidal, freshwater, or salt-water wetlands, and
their ability to sequester carbon from the atmosphere,
accumulate it in biomass for years to decades, and store it
in soils for centuries to millennia. Coastal blue carbon
ecosystems include both autochthonous carbon and
allochthonous carbon.
(3) 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 of the United States.
Subtitle S--Eliminate, Neutralize, and Disrupt Wildlife Trafficking
Reauthorization and Improvements
SEC. __29. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should continue to work
with international partners, including nations,
nongovernmental organizations, and the private sector, to
identify long-standing and emerging areas of concern in
wildlife poaching and trafficking related to global supply
and demand; and
(2) the activities and required reporting of the
Presidential Task Force on Wildlife Trafficking, established
by Executive Order No. 13648 (78 Fed. Reg. 40621), and
modified by sections 201 and 301 of the Eliminate,
Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16
U.S.C. 7621 and 7631) should be reauthorized to minimize the
disruption of the work of such Task Force.
SEC. __29A. DEFINITIONS.
Section 2 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is
amended--
(1) in paragraph (3), by inserting ``involving local
communities'' after ``approach to conservation'';
(2) by amending paragraph (4) to read as follows:
``(4) Country of concern.--The term `country of concern'
means a foreign country specially designated by the Secretary
of State pursuant to section 201(b) as a major source of
wildlife trafficking products or their derivatives, a major
transit point of wildlife trafficking products or their
derivatives, or a major consumer of wildlife trafficking
products, in which--
``(A) the government has actively engaged in, or knowingly
profited from, the trafficking of protected species; or
``(B) the government facilitates such trafficking through
conduct that may include a persistent failure to make serious
and sustained efforts to prevent and prosecute such
trafficking.''; and
(3) in paragraph (11), by striking ``section 201'' and
inserting ``section 301''.
SEC. __29B. FRAMEWORK FOR INTERAGENCY RESPONSE AND REPORTING.
(a) Reauthorization of Report on Major Wildlife Trafficking
Countries.--Section 201 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is
amended--
(1) in subsection (a), by striking ``annually thereafter''
and inserting ``biennially thereafter by June 1 of each year
in which a report is required''; and
(2) by amending subsection (c) to read as follows:
[[Page S5445]]
``(c) Designation.--A country may be designated as a
country of concern under subsection (b) regardless of such
country's status as a focus country.''.
(b) Presidential Task Force on Wildlife Trafficking
Responsibilities.--Section 301(a) of the Eliminate,
Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16
U.S.C. 7631(a)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (10); and
(3) by inserting after paragraph (4) the following:
``(5) pursue programs and develop a strategy--
``(A) to expand the role of technology for anti-poaching
and anti-trafficking efforts, in partnership with the private
sector, foreign governments, academia, and nongovernmental
organizations (including technology companies and the
transportation and logistics sectors); and
``(B) to enable local governments to develop and use such
technologies;
``(6) consider programs and initiatives that address the
expansion of the illegal wildlife trade to digital platforms,
including the use of digital currency and payment platforms
for transactions by collaborating with the private sector,
academia, and nongovernmental organizations, including social
media, e-commerce, and search engine companies, as
appropriate;
``(7)(A) establish and publish a procedure for removing
from the list in the biennial report any country of concern
that no longer meets the definition of country of concern
under section 2(4);
``(B) include details about such procedure in the next
report required under section 201;
``(8)(A) implement interventions to address the drivers of
poaching, trafficking, and demand for illegal wildlife and
wildlife products in focus countries and countries of
concern;
``(B) set benchmarks for measuring the effectiveness of
such interventions; and
``(C) consider alignment and coordination with indicators
developed by the Task Force;
``(9) consider additional opportunities to increase
coordination between law enforcement and financial
institutions to identify trafficking activity; and''.
(c) Presidential Task Force on Wildlife Trafficking
Strategic Review.--Section 301 of the Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C.
7631), as amended by subsection (b), is further amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``annually'' and inserting ``biennially'';
(B) in paragraph (4), by striking ``and'' at the end;
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) an analysis of the indicators developed by the Task
Force, and recommended by the Government Accountability
Office, to track and measure inputs, outputs, law enforcement
outcomes, and the market for wildlife products for each focus
country listed in the report, including baseline measures, as
appropriate, for each indicator in each focus country to
determine the effectiveness and appropriateness of such
indicators to assess progress and whether additional or
separate indicators, or adjustments to indicators, may be
necessary for focus countries.''; and
(2) by striking subsection (e).
SEC. __29C. FUNDING SAFEGUARDS.
(a) Procedures for Obtaining Credible Information.--Section
620M(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2378d(d)) is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) routinely request and obtain such information from
the United States Agency for International Development, the
United States Fish and Wildlife Service, and other relevant
Federal agencies that partner with international
nongovernmental conservation groups;''.
(b) Required Implementation.--The Secretary of State shall
implement the procedures established pursuant to section
620M(d) of the Foreign Assistance Act of 1961, as amended by
subsection (a), including vetting individuals and units,
whenever the United States Agency for International
Development, the United States Fish and Wildlife Service, or
any other relevant Federal agency that partners with
international nongovernmental conservation groups provides
assistance to any unit of the security forces of a foreign
country.
SEC. __29D. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAFFICKING
CIVIL PENALTY ENFORCEMENT ACTIONS.
(a) Endangered Species Act of 1973.--Section 11(e) of the
Endangered Species Act of 1973 (16 U.S.C. 1540(e)) is amended
by adding at the end the following:
``(7) Issuance of subpoenas.--
``(A) In general.--For the purposes of any inspection or
investigation relating to the import into, or the export
from, the United States of any fish or wildlife or plants
covered under this Act or relating to the delivery, receipt,
carrying, transport, shipment, sale, or offer for sale in
interstate or foreign commerce of any such fish or wildlife
or plants imported into, or exported from, the United States,
the Secretary may issue subpoenas for the attendance and
testimony of witnesses and the production of any papers,
books, or other records relevant to the subject matter under
investigation.
``(B) Fees and mileage for witnesses.--A witness summoned
under subparagraph (A) shall be paid the same fees and
mileage that are paid to witnesses in the courts of the
United States.
``(C) Refusal to obey subpoenas.--
``(i) In general.--In the case of a contumacy or refusal to
obey a subpoena served on any person pursuant to this
paragraph, the district court of the United States for any
judicial district in which the person is found, resides, or
transacts business, on application by the United States and
after notice to that person, shall have jurisdiction to issue
an order requiring that person to appear and give testimony
before the Secretary, to appear and produce documents before
the Secretary, or both.
``(ii) Failure to obey.--Any failure to obey an order
issued by a district court of the United States under clause
(i) may be punished by that court as a contempt of that
court.''.
(b) Lacey Act Amendments of 1981.--Section 6 of the Lacey
Act Amendments of 1981 (16 U.S.C. 3375) is amended by adding
at the end the following:
``(e) Issuance of Subpoenas.--
``(1) In general.--For the purposes of any inspection or
investigation relating to the import into, or the export
from, the United States of any fish or wildlife or plants
covered under this Act or relating to the transport, sale,
receipt, acquisition, or purchase in interstate or foreign
commerce of any such fish or wildlife or plants imported into
or exported from the United States, the Secretary may issue
subpoenas for the attendance and testimony of witnesses and
the production of any papers, books, or other records
relevant to the subject matter under investigation.
``(2) Fees and mileage for witnesses.--A witness summoned
under paragraph (1) shall be paid the same fees and mileage
that are paid to witnesses in the courts of the United
States.
``(3) Refusal to obey subpoenas.--
``(A) In general.--In the case of a contumacy or refusal to
obey a subpoena served on any person pursuant to this
subsection, the district court of the United States for any
judicial district in which the person is found, resides, or
transacts business, on application by the United States and
after notice to that person, shall have jurisdiction to issue
an order requiring that person to appear and give testimony
before the Secretary, to appear and produce documents before
the Secretary, or both.
``(B) Failure to obey.--Any failure to obey an order issued
by a district court of the United States under subparagraph
(A) may be punished by that court as a contempt of that
court.''.
(c) Bald and Golden Eagle Protection Act.--
(1) Civil penalties.--Subsection (b) of the first section
of the Act of June 8, 1940 (commonly known as the ``Bald and
Golden Eagle Protection Act'') (16 U.S.C. 668(b)), is
amended--
(A) by striking ``(b) Whoever, within the'' and inserting
the following:
``(b) Civil Penalties.--
``(1) In general.--Whoever, within the'';
(B) in paragraph (1) (as so designated), in the first
sentence, by striking ``Secretary'' and inserting ``Secretary
of the Interior (referred to in this subsection as the
`Secretary')''; and
(C) by adding at the end the following:
``(2) Hearings; issuance of subpoenas.--
``(A) Hearings.--Hearings held during proceedings for the
assessment of civil penalties under paragraph (1) shall be
conducted in accordance with section 554 of title 5, United
States Code.
``(B) Issuance of subpoenas.--
``(i) In general.--For purposes of any hearing held during
proceedings for the assessment of civil penalties under
paragraph (1), the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, and documents, and may administer
oaths.
``(ii) Fees and mileage for witnesses.--A witness summoned
pursuant to clause (i) shall be paid the same fees and
mileage that are paid to witnesses in the courts of the
United States.
``(iii) Refusal to obey subpoenas.--
``(I) In general.--In the case of a contumacy or refusal to
obey a subpoena served on any person pursuant to this
subparagraph, the district court of the United States for any
judicial district in which the person is found, resides, or
transacts business, on application by the United States and
after notice to that person, shall have jurisdiction to issue
an order requiring that person to appear and give testimony
before the Secretary, to appear and produce documents before
the Secretary, or both.
``(II) Failure to obey.--Any failure to obey an order
issued by a court of the United States under subclause (I)
may be punished by that court as a contempt of that court.''.
(2) Investigatory subpoenas.--Section 3 of the Act of June
8, 1940 (commonly known as the ``Bald and Golden Eagle
Protection Act'') (16 U.S.C. 668b), is amended by adding at
the end the following:
``(d) Issuance of Subpoenas.--
``(1) In general.--For the purposes of any inspection or
investigation relating to the import into or the export from
the United
[[Page S5446]]
States of any bald or golden eagles covered under this Act,
or any parts, nests, or eggs of any such bald or golden
eagles, the Secretary of the Interior may issue subpoenas for
the attendance and testimony of witnesses and the production
of any papers, books, or other records relevant to the
subject matter under investigation.
``(2) Fees and mileage for witnesses.--A witness summoned
under paragraph (1) shall be paid the same fees and mileage
that are paid to witnesses in the courts of the United
States.
``(3) Refusal to obey subpoenas.--
``(A) In general.--In the case of a contumacy or refusal to
obey a subpoena served on any person pursuant to this
subsection, the district court of the United States for any
judicial district in which the person is found, resides, or
transacts business, on application by the United States and
after notice to that person, shall have jurisdiction to issue
an order requiring that person to appear and give testimony
before the Secretary of the Interior, to appear and produce
documents before the Secretary of the Interior, or both.
``(B) Failure to obey.--Any failure to obey an order issued
by a court of the United States under subparagraph (A) may be
punished by that court as a contempt of that court.''.
______