[House Report 116-330]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-330
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 729) TO AMEND THE COASTAL
ZONE MANAGEMENT ACT OF 1972 TO AUTHORIZE GRANTS TO INDIAN TRIBES TO
FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE OBJECTIVES, AND FOR OTHER
PURPOSES
_______
December 9, 2019.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Morelle, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 748]
The Committee on Rules, having had under consideration
House Resolution 748, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 729, the
Tribal Coastal Resiliency Act, under a structured rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Natural Resources. The resolution waives all
points of order against consideration of the bill. The
resolution provides that an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 116-
40 shall be considered as adopted and the bill, as amended,
shall be considered as read. The resolution waives all points
of order against provisions in the bill, as amended. The
resolution makes in order only those further amendments printed
in this report and amendments en bloc described in section 3 of
the resolution. Each amendment printed in this report may be
offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The resolution waives
all points of order against the amendments printed in this
report or amendments en bloc described in section 3 of the
resolution. Section 3 of the resolution provides that the chair
of the Committee on Natural Resources or his designee may offer
amendments en bloc consisting of amendments printed in this
report not earlier disposed of. Amendments en bloc shall be
considered as read, shall be debatable for 20 minutes equally
divided and controlled by the chair and ranking minority member
of the Committee Natural Resources or their designees, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question. The resolution provides
one motion to recommit with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes waivers of the following:
Clause 12(a)(1) of rule XXI, which prohibits consideration
of a bill unless there is a searchable electronic comparative
print that shows how the bill proposes to change current law.
Clause 12(b) of rule XXI, which prohibits consideration of
a bill unless there is a searchable electronic comparative
print that shows how the text of the bill as proposed to be
considered differs from the text of the bill as reported.
The waiver of all points of order against provisions in the
bill includes a waiver of clause 4 of rule XXI, which prohibits
reporting a bill carrying an appropriation from a committee not
having jurisdiction to report an appropriation.
Although the resolution waives all points of order against
the amendments printed in this report or amendments en bloc
described in section 3, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
SUMMARY OF THE AMENDMENTS TO H.R. 729 MADE IN ORDER
1. Hastings (FL): Expands the list of eligible activities
for the award of Coastal Climate Change Adaptation Project
Implementation Grants to include projects to address the
immediate and long-term degradation or loss of coral and coral
reefs. (10 minutes)
2. Hastings (FL): Includes coral reefs as eligible under
the National Fish Habitat Conservation Through Partnerships
program. (10 minutes)
3. Morelle (NY): Ensure that up to 5 percent of the funds
appropriated under this section will be used by the Secretary
to provide technical assistance, which will help accelerate
early-stage resources and planning assistance for communities.
(10 minutes)
4. Brown (MD): Authorizes the NOAA Administrator to award
grants to eligible entities for collaborative research projects
on the conservation, restoration, or management of oysters in
the Chesapeake Bay. (10 minutes)
5. McEachin (VA): Includes communities that may not have
the resources necessary to prepare for or respond to coastal
hazards to the list of priority areas the NOAA Administrator
shall consider when determining living shoreline projects to
receive federal grants. These communities include low-income
communities, communities of color, Tribal communities, and
rural communities. (10 minutes)
6. Huizenga (MI): Requires no less than 10 percent of the
funds awarded under the Living Shoreline grant program be
available to projects located within the Great Lakes. (10
minutes)
7. Lipinski (IL): Requires that climate change adaptation
plans for Great Lakes coastal states shall include adaptive
management strategies for Great Lakes ecosystems and resources.
(10 minutes)
8. Katko (NY), Brindisi (NY), Morelle (NY), Stefanik (NY):
Adds research on harmful algal bloom development to U.S.
Geological Survey research conducted under H.R. 729. (10
minutes)
9. Katko (NY), Brindisi (NY), Morelle (NY): Provides grant
eligibility under H.R. 729 to projects that assess the impact
of water level regulating practices on the Great Lakes on
coastal resiliency. (10 minutes)
10. Moore (WI): Amend the Climate Change Adaption program
to add invasive species as a target of the adaptive management
strategies to be included in the plans and to require such
proposals to describe how they will involve and address
concerns regarding the impact of climate change in coastal
communities on nearby tribes and low-income and low-resource
communities. (10 minutes)
11. Moore (WI): Amends the Living Shoreline Grant Program
to require plans to include an education and outreach component
for the community stakeholders most affected by the proposal
and to add tribes and tribal organizations to the list that the
Administrator may consult with in developing program standards.
(10 minutes)
12. Crist (FL), Rooney (FL), Bonamici (OR), Kaptur (OH),
Hastings (FL): Clarifies that Section 323, the Climate Change
Adaptation Preparedness and Response Program, includes projects
to address harmful algal blooms. (10 minutes)
13. Higgins, Brian (NY): Directs USGS research to include
the impacts of harmful algal blooms, nutrient pollution, and
dead zones on Great Lakes fisheries. (10 minutes)
14. Panetta (CA), Waltz (FL): Adds a finding that
collaborations and partnerships between institutions of higher
education and Federal agencies help ensure digital data focused
on coastal management issues are communicated effectively
between such entities. (10 minutes)
15. Speier (CA), Huffman (CA): Specifies that ``built and
natural environments'' in terms of infrastructure would include
sea walls and living shorelines. (10 minutes)
16. Bonamici (OR), Crist (FL): Adds studying coastal
acidification and hypoxia as allowable activities through the
Coastal Climate Change Adaptation Project Implementation Grant
program. (10 minutes)
17. Bonamici (OR): Directs NOAA to enter into an agreement
with the National Academy of Sciences to assess the need for
and feasibility of establishing an Advanced Research Projects
Agency-Oceans (ARPA-O). (10 minutes)
18. Kildee (MI): Requires NOAA to update the Environmental
Sensitivity Index for the Great Lakes every seven years. (10
minutes)
19. Plaskett (VI): Permits a waiver of certain non-Federal
contribution requirements for a fish habitat conservation
project at the discretion of the Secretary. (10 minutes)
20. Jayapal (WA), Haaland (NM): Amends the legislation to
increase the membership of the Fish Habitat Board by one seat
to provide an additional seat for tribal representation. (10
minutes)
21. Jayapal (WA): Amends the legislation to ensure that
grant funds awarded through the Living Shoreline Grant Program
may be used to incentivize landowners to engage in living
shoreline projects. (10 minutes)
22. Jayapal (WA): Amends the legislation to ensure that in
developing minimum standards to be used in selecting eligible
entities to receive grants under the Living Shoreline Grant
Program, the Administrator considers entities with systems to
disburse funding from a single grant to support multiple small-
scale projects. (10 minutes)
23. Mucarsel-Powell (FL): Ensures that corals are included
as a natural element eligible for grants provided for by the
Living Shoreline Grant Program. (10 minutes)
24. Levin, Andy (MI): Specifies avian habitat protection
and restoration projects as eligible activities to be
considered for the Coastal Climate Change Adaptation Project
Implementation grants in this bill. (10 minutes)
25. Levin, Andy (MI): Adds research into the effects of
PFAS chemicals, mercury, and other contaminants on fisheries
and fishery ecosystems to the list of research activities that
may be conducted in the Great Lakes Basin by the U.S. Fish and
Wildlife Service. (10 minutes)
26. Luria (VA): Directs NOAA to consider the potential of a
living shoreline project to support the resiliency of military
communities when developing criteria for grant applications.
(10 minutes)
27. Rouda (CA): Adds a new section to the bill for a prize
competition to stimulate innovation to advance coastal risk and
resilience measures. (10 minutes)
28. Rouda (CA): Adds a new section to the bill that would
require the development of a catalog of research on applicable
coastal risk reduction and resilience measures. (10 minutes)
29. Johnson, Mike (LA): Amends the Marine Mammal Protection
Act of 1972 to limit the scope of the moratorium on taking and
importing marine mammals and marine mammal products, and
revises the requirements for obtaining an authorization for
incidentally taking by harassment marine mammals. (10 minutes)
TEXT OF AMENDMENTS TO H.R. 729 MADE IN ORDER
1. An Amendment To Be Offered by Representative Hastings of Florida or
His Designee, Debatable for 10 Minutes
Page 49, after line 24, insert the following:
(G) Activities or projects to address the
immediate and long-term degradation or loss of
coral and coral reefs in response to bacteria,
fungi, viruses, increased sea surface
temperatures, ultraviolet radiation, and
pollutants.
----------
2. An Amendment To Be Offered by Representative Hastings of Florida or
His Designee, Debatable for 10 Minutes
Page 66, line 4, insert ``coral reefs,'' after
``environments,''.
----------
3. An Amendment To Be Offered by Representative Morelle of New York or
His Designee, Debatable for 10 Minutes
Page 35, line 4, strike ``may'' and insert ``shall''.
----------
4. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
Page 92, after line 7, insert the following:
Subtitle C--Chesapeake Bay Oyster Research
SEC. 218. SENSE OF CONGRESS.
It is the sense of Congress that the Chesapeake Bay Office of
the National Oceanic and Atmospheric Administration shall be
the primary representative of the Administration in the
Chesapeake Bay.
SEC. 219. GRANTS FOR RESEARCHING OYSTERS IN THE CHESAPEAKE BAY.
(a) Establishment.--The Secretary of the Commerce, acting
through the Administrator of the National Oceanic and
Atmospheric Administration, shall establish a grant program (in
this section referred to as the ``Program'') under which the
Secretary shall award grants to eligible entities for the
purpose of conducting research on the conservation,
restoration, or management of oysters in the Chesapeake Bay.
(b) Application.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
(c) Allocation of Grant Funds.--
(1) In general.--The Secretary shall award a grant
under the Program to eligible entities that submit an
application under subsection (b).
(2) Matching requirement.--
(A) In general.--Except as provided in
subparagraph (B), the total amount of Federal
funding received under the Program by an
eligible entity may not exceed 85 percent of
the total cost of the research project for
which the funding was awarded. For the purposes
of this subparagraph, the non-Federal share of
project costs may be provided by in-kind
contributions and other noncash support.
(B) Waiver.--The Secretary may waive all or
part of the requirement in subparagraph (A) if
the Secretary determines that no reasonable
means are available through which an eligible
entity applying for a grant under this section
can meet such requirement and the probable
benefit of such research project outweighs the
public interest in such requirement.
(d) Definitions.--In this section, the following definitions
apply:
(1) Academic community.--The term ``academic
community'' means faculty, researchers, professors, and
representatives of State-accredited colleges and
universities.
(2) Eligible entity.--The term ``eligible entity''
means a member of the academic community, the seafood
industry, a relevant nonprofit organization, or a
relevant State agency, that is proposing or conducting
a research project on the conservation, restoration, or
management of oysters in the Chesapeake Bay developed
through consultation with a member of the academic
community, a member of the seafood industry, a relevant
nonprofit organization, or a relevant State agency.
(3) 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 tax under section 501(a) of such Code.
(4) Seafood industry.--The term ``seafood industry''
means shellfish growers, shellfish harvesters,
commercial fishermen, and recreational fishermen.
(5) Secretary.--The term ``Secretary'' means the
Secretary of the Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration.
(e) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary $2,000,000 for each of the
fiscal years 2020 through 2025 to carry out this section.
----------
5. An Amendment To Be Offered by Representative McEachin of Virginia or
His Designee, Debatable for 10 Minutes
Page 10, line 5, strike ``or''.
page 10, line 8, strike the period and insert ``; or''
(C) which include communities that may not
have adequate resources to prepare for or
respond to coastal hazards, including low
income communities, communities of color,
Tribal communities, and rural communities.
----------
6. An Amendment To Be Offered by Representative Huizenga of Michigan or
His Designee, Debatable for 10 Minutes
Page 16, after line 2, insert the following:
(h) Minimum Required Funds for Shoreline Projects Located
Within the Great Lakes.--The Secretary shall make not less than
10 percent of the funds awarded under this section to projects
located in the Great Lakes.
----------
7. An Amendment To Be Offered by Representative Lipinski of Illinois or
His Designee, Debatable for 10 Minutes
Page 45, line 25, insert after subparagraph (C) the
following:
(C) Adaptive management strategies for Great
Lakes ecosystems and resources, including
strategies to support freshwater fisheries,
monitor ice cover, manage phosphorous and
nitrogen chemical loads, minimize invasive
species and harmful blooms of algae, and create
protected areas to maintain Great Lakes
ecosystems.
Page 46, lines 1 and 7, redesignate subparagraphs (D) and (E)
as subparagraphs (E) and (F), respectively.
----------
8. An Amendment To Be Offered by Representative Katko of New York or
His Designee, Debatable for 10 Minutes
Page 91, after line 14, insert the following:
(7) harmful algal bloom development research;
----------
9. An Amendment To Be Offered by Representative Katko of New York or
His Designee, Debatable for 10 Minutes
Page 49, after line 24, insert the following:
(G) Projects to assess the impact on coastal
resiliency of water level regulating practices
on the Great Lakes.
----------
10. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
Page 45, line 15, insert ``combat invasive species,'' after
``strategies to''.
Page 46, after line 6, insert the following:
(E) A description of how the plan will
address the impact of climate change affecting
coastal communities will have on nearby Tribes,
Tribal communities, and low-income or low-
resource communities and how those stakeholders
will be included in and informed about the
development of the plan.
----------
11. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
Page 7, line 17, strike ``and''.
Page 7, line 23, strike the period and insert ``; and''
(3) include an outreach or education component that
seeks and solicits feedback from the local or regional
community most directly affected by the proposal.
Page 11, after line 6, insert the following:
(II) Tribes and Tribal
organizations;
----------
12. An Amendment To Be Offered by Representative Crist of Florida or
His Designee, Debatable for 10 Minutes
Page 48, lines 19-20, insert ``harmful algal blooms,'' after
``ocean acidification,''.
----------
13. An Amendment To Be Offered by Representative Higgins of New York or
His Designee, Debatable for 10 Minutes
Page 91, after line 14, insert the following:
(7) research on the impacts of harmful algal blooms,
nutrient pollution, and dead zones on Great Lakes
fisheries;
----------
14. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
Page 92, after line 23, insert the following:
(3) Collaborations and partnerships between
institutions of higher education and Federal agencies
help ensure digital data focused on coastal management
issues are communicated effectively between such
entities.
----------
15. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
Page 49, line 19, insert ``, such as sea walls and living
shorelines'' after ``environment''.
----------
16. An Amendment To Be Offered by Representative Bonamici of Oregon or
Her Designee, Debatable for 10 Minutes
Page 48, line 19, insert ``coastal acidification, hypoxia,''
after ``acidification,''.
----------
17. An Amendment To Be Offered by Representative Bonamici of Oregon or
Her Designee, Debatable for 10 Minutes
At the end of title III, insert the following:
SEC. 307. ADVANCED RESEARCH PROJECTS AGENCY-OCEANS.
(a) Agreement.--Not later than 45 days after the date of the
enactment of this section, the Administrator 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).
(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;
(ii) metrics and approaches for
periodic program evaluation;
(iii) capacity to fund and manage
external research awards; and
(iv) 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 section, the Administrator shall submit to
Congress a report on the comprehensive assessment conducted
under subsection (b).
(d) Definitions.--In this section, 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.
----------
18. An Amendment To Be Offered by Representative Kildee of Michigan or
His Designee, Debatable for 10 Minutes
At the end of title I, insert the following:
SEC. 108. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS OF
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR
GREAT LAKES.
(a) Update Required Environmental Sensitivity Index Products
for Great Lakes.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary for Oceans and
Atmosphere shall commence updating the environmental
sensitivity index products of the National Oceanic and
Atmospheric Administration for each coastal area of the Great
Lakes.
(b) Periodic Updates for Environmental Sensitivity Index
Products Generally.--Subject to the availability of
appropriations and the priorities set forth in subsection (c),
the Under Secretary shall--
(1) periodically update the environmental sensitivity
index products of the Administration; and
(2) endeavor to do so not less frequently than once
every 7 years.
(c) Priorities.--When prioritizing geographic areas to update
environmental sensitivity index products, the Under Secretary
shall consider--
(1) the age of existing environmental sensitivity
index products for the areas;
(2) the occurrence of extreme events, be it natural
or man-made, which have significantly altered the
shoreline or ecosystem since the last update;
(3) the natural variability of shoreline and coastal
environment; and
(4) the volume of vessel traffic and general
vulnerability to spilled pollutants.
(d) Environmental Sensitivity Index Product Defined.--In this
subsection, the term ``environmental sensitivity index
product'' means a map or similar tool that is utilized to
identify sensitive shoreline, coastal or offshore, resources
prior to an oil spill event in order to set baseline priorities
for protection and plan cleanup strategies, typically including
information relating to shoreline type, biological resources,
and human use resources.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Under Secretary $7,500,000 to carry
out subsection (a).
(2) Availability.--Amounts appropriated or otherwise
made available pursuant to paragraph (1) shall be
available to the Under Secretary for the purposes set
forth in such paragraph until expended.
----------
19. An Amendment To Be Offered by Representative Plaskett of Virgin
Islands or Her Designee, Debatable for 10 Minutes
Page 75, lines 7-8, strike ``paragraph (2)'' and insert
``paragraphs (2) and (4)''.
Page 75, after line 25, insert the following:
(4) Waiver authority.--The Secretary, in consultation
with the Secretary of Commerce with respect to marine
or estuarine projects, may waive the application of
paragraph (2)(A) with respect to a State or an Indian
Tribe, or otherwise reduce the portion of the non-
Federal share of the cost of an activity required to be
paid by a State or an Indian Tribe under paragraph (1),
if the Secretary determines that the State or Indian
Tribe does not have sufficient funds not derived from
another Federal grant program to pay such non-Federal
share, or portion of the non-Federal share, without the
use of loans.
----------
20. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Page 55, line 25, strike ``25'' and insert ``26''.
Page 56, line 16, strike ``1 shall be a representative'' and
insert ``2 shall be representatives''.
----------
21. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Page 11, line 16, strike ``and''.
Page 11, line 20, strike the period and insert ``; and''
(3) to incentivize landowners to engage in living
shoreline projects.
----------
22. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Page 10, line 15, strike ``and''.
Page 10, line 18, strike the period and insert ``; and''.
Page 10, after line 19, insert the following:
(iii) the consideration of an
established eligible entity program
with systems to disburse funding from a
single grant to support multiple small-
scale projects.
----------
23. An Amendment To Be Offered by Representative Mucarsel-Powell of
Florida or Her Designee, Debatable for 10 Minutes
Page 17, line 6, insert ``corals,'' after ``submerged aquatic
plants,''.
Page 17, line 18, insert ``corals,'' after ``submerged
aquatic vegetation,''
----------
24. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
Page 49, line 1, insert ``, avian,'' after ``marine''.
Page 49, line 5, insert ``, avian,'' after ``fish''.
----------
25. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
Page 91, after line 14, insert the following:
(7) research into the affects of per- and
polyfluoroalkyl substances, mercury, and other
contaminants on fisheries and fishery ecosystems;
----------
26. An Amendment To Be Offered by Representative Luria of Virginia or
Her Designee, Debatable for 10 Minutes
Page 8, line 24, strike ``and''.
Page 9, line 18, strike the period and insert ``; and''.
Page 9, line 19, insert ``(E) the potential of the project to
support resiliency at a military installation or community
infrastructure supportive of a military installation (as such
terms are defined in section 2391 of title 10, United States
Code).''
----------
27. An Amendment To Be Offered by Representative Rouda of California or
His Designee, Debatable for 10 Minutes
Page 50, after line 24, insert the following:
SEC. 107. PRIZE COMPETITIONS.
(a) In General.--The Secretary may 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), for
the purpose described in subsection (b).
(b) Purpose.--The purpose described in this subsection is to
stimulate innovation to advance the following coastal risk
reduction and resilience measures:
(1) Natural features, including dunes, reefs, and
wetlands.
(2) Nature-based features, including beach
nourishment, dune restoration, wetland and other
coastal habitat restoration, and living shoreline
construction.
(3) Nonstructural measures, including flood proofing
of structures, flood warning systems, and elevated
development.
----------
28. An Amendment To Be Offered by Representative Rouda of California or
His Designee, Debatable for 10 Minutes
Page 50, after line 24, insert the following:
SEC. 107 CATALOG OF RESEARCH ON APPLICABLE COASTAL RISK REDUCTION AND
RESILIENCE MEASURES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Commerce, acting
through the Administrator, shall--
(1) identify all Department of Commerce research
activities regarding applicable coastal risk reduction
and resilience measures;
(2) consult with the heads of other Federal agencies
to identify what activities, if any, those Federal
agencies are conducting regarding applicable coastal
risk reduction and resilience measures;
(3) evaluate the effectiveness of the activities
identified under paragraphs (1) and (2); and
(4) appoint one or more officers or employees of the
National Oceanic and Atmospheric Administration to
liaise with non-Federal entities conducting research
related to applicable coastal risk reduction and
resilience measures in order to eliminate redundancies,
cooperate for common climate research goals, and to
make research findings readily available to the public.
(b) Definition Of Applicable Coastal Risk Reduction And
Resilience Measures.--In this section, the term ``applicable
coastal risk reduction and resilience measures'' means natural
features, nature-based features, or nonstructural measures.
----------
29. An Amendment To Be Offered by Representative Johnson of Louisiana
or His Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE V--STREAMLINING ENVIRONMENTAL APPROVALS
SEC. 501. ADDRESSING PERMITS FOR TAKING OF MARINE MAMMALS.
Section 101(a)(5)(D) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371(a)(5)(D)) is amended as follows:
(1) In clause (i)--
(A) by striking ``citizens of the United
States'' and inserting ``persons'';
(B) by striking ``within a specific
geographic region'';
(C) by striking ``of small numbers'';
(D) by striking ``such citizens'' and
inserting ``such persons''; and
(E) by striking ``within that region''.
(2) In clause (ii)--
(A) in subclause (I), by striking ``, and
other means of effecting the least practicable
impact on such species or stock and its
habitat'';
(B) in subclause (III), by striking
``requirements pertaining to the monitoring and
reporting of such taking by harassment,
including'' and inserting ``efficient and
practical requirements pertaining to the
monitoring of such taking by harassment while
the activity is being conducted and the
reporting of such taking, including, as the
Secretary determines necessary,''; and
(C) by adding at the end the following:
``Any condition imposed pursuant to subclause (I), (II), or
(III) may not result in more than a minor change to the
specified activity and may not alter the basic design,
location, scope, duration, or timing of the specified
activity.''.
(3) In clause (iii), by striking ``receiving an
application under this subparagraph'' and inserting
``an application is accepted or required to be
considered complete under subclause (I)(aa), (II)(aa),
or (IV) of clause (viii), as applicable,''.
(4) In clause (vi), by striking ``a determination of
`least practicable adverse impact on such species or
stock' under clause (i)(I)'' and inserting ``conditions
imposed under subclause (I), (II), or (III) of clause
(ii)''.
(5) By adding at the end the following:
``(viii)(I) The Secretary shall--
``(aa) accept as complete a written request for
authorization under this subparagraph for incidental
taking described in clause (i), by not later than 45
days after the date of submission of the request; or
``(bb) provide to the requester, by not later than 15
days after the date of submission of the request, a
written notice describing any additional information
required to complete the request.
``(II) If the Secretary provides notice under subclause
(I)(bb), the Secretary shall, by not later than 30 days after
the date of submission of the additional information described
in the notice--
``(aa) accept the written request for authorization
under this subparagraph for incidental taking described
in clause (i); or
``(bb) deny the request and provide the requester a
written explanation of the reasons for the denial.
``(III) The Secretary may not make a second request for
information, request that the requester withdraw and resubmit
the request, or otherwise delay a decision on the request.
``(IV) If the Secretary fails to respond to a request for
authorization under this subparagraph in the manner provided in
subclause (I) or (II), the request shall be considered to be
complete.
``(ix)(I) At least 90 days before the expiration of any
authorization issued under this subparagraph, the holder of
such authorization may apply for a one-year extension of such
authorization. The Secretary shall grant such extension within
14 days after the date of such request on the same terms and
without further review if there has been no substantial change
in the activity carried out under such authorization nor in the
status of the marine mammal species or stock, as applicable, as
reported in the final annual stock assessment reports for such
species or stock.
``(II) In subclause (I) the term `substantial change' means a
change that prevents the Secretary from making the required
findings to issue an authorization under clause (i) with
respect to such species or stock.
``(III) The Secretary shall notify the applicant of such
substantial changes with specificity and in writing within 14
days after the applicant's submittal of the extension request.
``(x) If the Secretary fails to make the required findings
and, as appropriate, issue the authorization within 120 days
after the application is accepted or required to be considered
complete under subclause (I)(aa), (II)(aa), or (III) of clause
(viii), as applicable, the authorization is deemed to have been
issued on the terms stated in the application and without
further process or restrictions under this Act.''.
SEC. 502. REMOVING DUPLICATIONS.
Section 101(a)(5)(D) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371(a)(5)(D)), as amended, is further amended
by adding at the end the following:
``(xi) Any taking of a marine mammal in compliance with an
authorization under this subparagraph is exempt from the
prohibition on taking in section 9 of the Endangered Species
Act of 1973 (16 U.S.C. 1538). Any Federal agency authorizing,
funding, or carrying out an action that results in such taking,
and any agency action authorizing such taking, is exempt from
the requirement to consult regarding potential impacts to
marine mammal species or designated critical habitat under
section 7(a)(2) of such Act (16 U.S.C. 1536(a)(2)).''.
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