[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4093 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4093
To improve the National Oceans and Coastal Security Act, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2019
Mr. Beyer (for himself and Mr. Rooney of Florida) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Science, Space, and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To improve the National Oceans and Coastal Security Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Oceans and Coastal Security
Improvements Act of 2019''.
SEC. 2. IMPROVEMENTS TO THE NATIONAL OCEANS AND COASTAL SECURITY ACT.
(a) Definition of Tidal Shoreline Refined.--Section 902 of the
National Oceans and Coastal Security Act (16 U.S.C. 7501) is amended--
(1) by amending paragraph (7) to read as follows:
``(7) Tidal shoreline.--The term `tidal shoreline' means a
`tidal shoreline' or a `Great Lake shoreline' as such terms are
used in section 923.110(c)(2)(i) of title 15, Code of Federal
Regulations, or a similar successor regulation.''; and
(2) by adding at the end the following:
``(8) 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).''.
(b) Improvements to National Oceans and Coastal Security Fund.--
(1) Establishment of fund required.--Subsection (a) of
section 904 of such Act (16 U.S.C. 7503) is amended by
inserting ``and jointly manage'' after ``establish''.
(2) Deposits.--Paragraph (1) of subsection (b) of section
904 is amended to read as follows:
``(1) In general.--There shall be deposited into the Fund,
which shall constitute the assets of the Fund, amounts as
follows:
``(A) Amounts transferred to the Fund under section
908.
``(B) Such other amounts as may be appropriated or
otherwise made available to carry out this Act.''.
(3) Expenditures.--Strike subsection (d) of section 904 and
insert the following:
``(d) Expenditure.--
``(1) Of the amounts deposited into the Fund for each
fiscal year, if those funds are equal to or greater than
$100,000,000--
``(A) not more than 80 percent may be used for the
award of grants under subsection (b) of section 906;
``(B) not more than 20 percent may be used for the
award of grants under subsection (c) of such section;
and
``(C) no more than 4 percent may be used by the
Administrator and the Foundation for administrative
expenses to carry out this chapter, which amount shall
be divided between the Administrator and the Foundation
pursuant to an agreement reached and documented by both
the Administrator and the Foundation.
``(2) Of the amounts deposited into the Fund for each
fiscal year, if those funds are less than $100,000,000, all
funds shall be used for the award of grants under subsection
(c) of section 906 and no more than 4 percent may be used by
the Administrator and the Foundation for administrative
expenses to carry out this chapter, which amount shall be
divided between the Administrator and the Foundation pursuant
to an agreement reached and documented by both the
Administrator and the Foundation.''.
(c) Eligible Uses of the Fund.--Section 905 of such Act (16 U.S.C.
7504) is amended to read as follows:
``SEC. 905. ELIGIBLE USES.
``(a) In General.--Amounts in the Fund may be allocated by the
Administrator and the Foundation to support programs and activities
intended to protect, conserve, restore, better understand, and utilize
ocean and coastal resources and coastal infrastructure, including
scientific research, resiliency and spatial planning, data-sharing, and
other programs and activities carried out in coordination with Federal
and State departments or agencies, including the following:
``(1) Ocean, coastal, and Great Lakes restoration and
protection, including efforts to address potential impacts of
sea level change, sedimentation, erosion, changes in ocean
chemistry, hurricanes and other extreme weather, flooding, and
changes in ocean temperature to natural resources, communities,
and coastal economies.
``(2) Restoration, protection, or maintenance of living
ocean, coastal, and Great Lakes resources and their habitats.
``(3) Planning for and managing coastal development to
enhance ecosystem and community integrity, or to minimize
impacts from sea level change, hurricanes and other extreme
weather, flooding, and coastal erosion.
``(4) Projects to address management, planning, or
resiliency and readiness issues which are regional or
interstate in scope, such as regional ocean partnerships or
similar bodies.
``(5) Efforts that contribute to the understanding of
ecological, economic, societal, and national security threats
driven by changes to the oceans, coasts, and Great Lakes.
``(6) Efforts to preserve, protect, and collect data,
including but not limited to public ocean and coastal data
portals, that would support sustainable water-dependent
commercial activities including commercial fishing,
recreational fishing businesses, aquaculture, boat building, or
other coastal-related businesses.
``(7) Efforts to assist coastal States in strengthening,
stabilizing, hardening, elevating, modifying, repositioning, or
otherwise enhancing the resiliency of critical coastal
transportation, emergency response, water, electrical, and
other infrastructure, that are already subject to or face
increased future risks of hurricanes, coastal flooding, coastal
erosion, or sea level change to ensure the economic security,
safety, and ecological well-being of the coasts of the United
States.
``(8) Acquiring property or interests in property if--
``(A) the area is located within a coastal county
or adjacent county;
``(B) the funds made available under this subtitle
are used to acquire land or interest in land by
purchase, exchange, or donation from a willing seller;
``(C) the Governor of the State in which the
property or interests in property are acquired approves
of the acquisition; and
``(D) such property or interest is acquired in a
manner that will ensure such property or interest will
be administered to support the purposes of this Act.
``(9) Protection and modification of critical coastal
public infrastructure affected by erosion, hurricanes or other
extreme weather, flooding, or sea level change.
``(10) Assistance for small businesses and communities that
are dependent on coastal tourism as eligible efforts that help
coastal economies minimize impacts from sea level rise and
disasters.
``(11) Projects that reinforce wastewater and stormwater
infrastructure as eligible critical infrastructure projects (as
compared to just general water infrastructure, which can also
include drinking water systems).
``(12) Technical assistance to help develop comprehensive
resilience and mitigation plans as an eligible funding effort.
``(b) Matching Requirement.--The Administrator and the Foundation
shall require a non-Federal match for all awards made under section
906(c) from the Fund.
``(c) Prohibition on Use of Funds for Litigation.--No funds made
available under this Act may be used to fund litigation against the
Federal Government.''.
(d) Grants.--
(1) Administration.--Subsection (a)(1) of section 906 of
such Act (16 U.S.C. 7505) is amended--
(A) by amending subparagraph (B) to read as
follows:
``(B) Selection procedures and criteria for the
awarding of grants under this section that require
consultation with the Administrator and the Secretary
of the Interior.'';
(B) by amending subparagraph (C)(ii) to read as
follows:
``(ii) under subsection (c) to entities
including States, local governments, regional
and interstate collaboratives, associations,
nonprofit and for-profit private entities,
public-private partnerships, academic
institutions, and Indian Tribes.'';
(C) in subparagraph (F), by striking ``year if
grants have been awarded in that year'' and inserting
``five years''.
(2) Grants to coastal states.--Subsection (b) of section
906 is amended to read as follows:
``(b) Grants to Coastal States.--
``(1) In general.--Subject to section 904(d)(1) and
paragraphs (3) and (4) of this subsection, the Administrator
and the Foundation shall award grants to eligible coastal
States based on the following formula:
``(A) Fifty percent of the funds are allocated
equally among such coastal States.
``(B) Twenty-five percent of the funds are
allocated on the basis of the ratio of tidal shoreline
miles in a coastal State to the tidal shoreline miles
of all coastal States.
``(C) Twenty-five percent of the funds are
allocated on the basis of the ratio of population
density of the coastal counties of a coastal State to
the average population density of all coastal counties
based on the most recent data available by the U.S.
Census Bureau.
``(2) Eligible coastal states.--For purposes of this
subsection, an eligible coastal State is any coastal State as
defined in section 1453 of this title.
``(3) Maximum allocation to states.--Notwithstanding
paragraph (1), not more than 5 percent of the total funds
distributed under this subsection may be allocated to any
single State. Any amount exceeding this limit shall be
redistributed equally among the remaining eligible coastal
States.
``(4) Requirement to submit plans.--
``(A) In general.--To be eligible to receive a
grant under this subsection, an eligible coastal State
shall submit to the Administrator for review and
approval, a 5-year plan, which shall include the
following:
``(i) Criteria to determine eligibility for
entities which may receive grants under this
subsection.
``(ii) A description of the competitive
process the coastal State will use in
allocating funds received from the Fund, except
in the case of allocating funds under paragraph
(7), which shall include--
``(I) a description of the relative
roles in the State competitive process
of the State coastal zone management
program approved under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451
et seq.), if the coastal State has such
a plan, and any State Sea Grant
Program, if the state has such program;
and
``(II) a demonstration that such
competitive process is consistent with
the application and review procedures
established by the Administrator and
Foundation under subsection (a)(1).
``(iii) A process to certify that the
project or program and the awarding of a
contract for the expenditure of amounts
received under this paragraph are consistent
with the standard procurement rules and
regulations governing a comparable project or
program in that State, including all applicable
competitive bidding and audit requirements.
``(iv) Procedures to make publicly
available on the internet a list of all
projects supported by the Fund, that includes
at a minimum the grant recipient, grant amount,
project description, and project status.
``(B) Updates.--As a condition of receiving a grant
under this subsection, a coastal State shall submit to
the Administrator, not less frequently than once every
5 years, an update to the plan submitted by the coastal
State under subparagraph (A) for the 5-year period
immediately following the most recent submittal under
this paragraph.
``(5) Opportunity for public comment.--In determining
whether to approve a plan or an update to a plan described in
subparagraph (A) or (B) of paragraph (5), the Administrator or
the Foundation shall provide the opportunity for, and take into
consideration, public input and comment on the plan.
``(6) Indian tribes.--As a condition on receipt of a grant
under this subsection, a State that receives a grant under this
subsection shall ensure that Indian Tribes in the State are
eligible to participate in the competitive process described in
the State's plan under paragraph (5)(A)(ii).
``(7) Nonparticipation by a state.--In any year, if an
eligible coastal State or geographic area described in
paragraph (4)(B) does not submit the plan required by paragraph
(5) or declines the funds distributed under this subsection,
the funds that would have been allocated to the State or area
shall be redistributed equally among the remaining eligible
coastal States and geographic areas.''.
(3) National grants for oceans, coasts, and great lakes.--
Subsection (c)(2) of such section is amended--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating clause (iii) as
clause (iv); and
(iii) by inserting after clause (ii) the
following:
``(iii) nongovernmental organizations;
and''; and
(B) by adding at the end the following:
``(C) Cap on state funding.--The amount of a grant
awarded under this subsection shall not count toward
the cap on funding to States through grants awarded
under subsection (b).''.
(e) Funding.--Section 908 of such Act (16 U.S.C. 7507) is amended
to read as follows:
``SEC. 908. FUNDING.
``There is authorized to be appropriated $100,000,000 for this
title for fiscal year 2020 and each fiscal year thereafter.''.
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