[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 729 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
1st Session
H. R. 729
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 12, 2019
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FRONT MATTER.
(a) Short Title.--This Act may be cited as the ``Coastal and Great
Lakes Communities Enhancement Act''.
(b) Determination of Budgetary Effects.--The budgetary effects of
this Act, for the purpose of complying with the Statutory Pay-As-You-Go
Act of 2010, shall be determined by reference to the latest statement
titled ``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the Chairman of
the House Budget Committee, provided that such statement has been
submitted prior to the vote on passage.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Front matter.
TITLE I--COASTAL RESILIENCE AND ECONOMIC ENHANCEMENT
Sec. 101. Grants to further achievement of Tribal coastal zone
objectives.
Sec. 102. Living Shoreline Grant Program.
Sec. 103. Working Waterfronts Grant Program.
Sec. 104. Working Waterfronts Preservation Fund; grants.
Sec. 105. Eligibility of District of Columbia for Federal funding under
the Coastal Zone Management Act of 1972.
Sec. 106. Climate change preparedness in the coastal zone.
Sec. 107. Update to environmental sensitivity index products of
National Oceanic and Atmospheric
Administration for Great Lakes.
Sec. 108. Prize competitions.
Sec. 109. Catalog of research on applicable coastal risk reduction and
resilience measures.
TITLE II--FISHERY RESEARCH AND CONSERVATION
Subtitle A--National Fish Habitat Conservation Through Partnerships
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. National Fish Habitat Board.
Sec. 204. Fish Habitat Partnerships.
Sec. 205. Fish Habitat Conservation Projects.
Sec. 206. Technical and scientific assistance.
Sec. 207. Coordination with States and Indian Tribes.
Sec. 208. Interagency Operational Plan.
Sec. 209. Accountability and reporting.
Sec. 210. Effect of this subtitle.
Sec. 211. Nonapplicability of Federal Advisory Committee Act.
Sec. 212. Funding.
Sec. 213. Prohibition against implementation of regulatory authority by
Federal agencies through Partnerships.
Subtitle B--Great Lakes Fishery Research Authorization
Sec. 221. Definitions.
Sec. 222. Findings.
Sec. 223. Great Lakes monitoring, assessment, science, and research.
Sec. 224. Authorization of appropriations.
Subtitle C--Chesapeake Bay Oyster Research
Sec. 231. Sense of Congress.
Sec. 232. Grants for researching oysters in the Chesapeake Bay.
TITLE III--MEETING 21ST CENTURY OCEAN AND COASTAL DATA NEEDS
Subtitle A--Digital Coast
Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Establishment of the Digital Coast.
Subtitle B--Integrated Coastal and Ocean Observation System
Sec. 311. Staggered terms for National Integrated Coastal and Ocean
Observation System Advisory Committee.
Sec. 312. Integrated coastal and ocean observation system cooperative
agreements.
Sec. 313. Reauthorization of Integrated Coastal and Ocean Observation
System Act of 2009.
Sec. 314. Advanced Research Projects Agency-Oceans.
TITLE IV--NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS
Sec. 401. References to the National Sea Grant College Program Act.
Sec. 402. Modification of Dean John A. Knauss Marine Policy Fellowship.
Sec. 403. Modification of authority of Secretary of Commerce to accept
donations for National Sea Grant College
Program.
Sec. 404. Repeal of requirement for report on coordination of oceans
and coastal research activities.
Sec. 405. Reduction in frequency required for National Sea Grant
Advisory Board report.
Sec. 406. Modification of elements of National Sea Grant College
Program.
Sec. 407. Direct hire authority; Dean John A. Knauss Marine Policy
Fellowship.
Sec. 408. Authorization of appropriations for National Sea Grant
College Program.
Sec. 409. Technical corrections.
TITLE I--COASTAL RESILIENCE AND ECONOMIC ENHANCEMENT
SEC. 101. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
(a) Grants Authorized.--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. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
``(a) Grants Authorized.--The Secretary may award competitive
grants to Indian Tribes to further achievement of the objectives of
such a Tribe for its Tribal coastal zone.
``(b) Cost Share.--
``(1) In general.--The Federal share of the cost of any
activity carried out with a grant under this section shall be--
``(A) in the case of a grant of less than $200,000,
100 percent of such cost; and
``(B) in the case of a grant of $200,000 or more,
95 percent of such cost, except as provided in
paragraph (2).
``(2) Waiver.--The Secretary may waive the application of
paragraph (1)(B) with respect to a grant to an Indian Tribe, or
otherwise reduce the portion of the share of the cost of an
activity required to be paid by an Indian Tribe under such
paragraph, if the Secretary determines that the Tribe does not
have sufficient funds to pay such portion.
``(c) Compatibility.--The Secretary may not award a grant under
this section unless the Secretary determines that the activities to be
carried out with the grant are compatible with this title and that the
grantee has consulted with the affected coastal state regarding the
grant objectives and purposes.
``(d) Authorized Objectives and Purposes.--Amounts awarded as a
grant under this section shall be used for one or more of the
objectives and purposes authorized under subsections (b) and (c),
respectively, of section 306A.
``(e) Funding.--Of amounts appropriated to carry out this Act,
$5,000,000 is authorized to carry out this section for each fiscal
year.
``(f) Definitions.--In this section:
``(1) Indian land.--The term `Indian land' has the meaning
that term has under section 2601 of the Energy Policy Act of
1992 (25 U.S.C. 3501).
``(2) Indian tribe.--The term `Indian Tribe' means an
Indian tribe, as that term is defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(3) Tribal coastal zone.--The term `Tribal coastal zone'
means any Indian land of an Indian Tribe that is within the
coastal zone.
``(4) Tribal coastal zone objective.--The term `Tribal
coastal zone objective' means, with respect to an Indian Tribe,
any of the following objectives:
``(A) Protection, restoration, or preservation of
areas in the Tribal coastal zone of such Tribe that
hold--
``(i) important ecological, cultural, or
sacred significance for such Tribe; or
``(ii) traditional, historic, and esthetic
values essential to such Tribe.
``(B) Preparing and implementing a special area
management plan and technical planning for important
coastal areas.
``(C) Any coastal or shoreline stabilization
measure, including any mitigation measure, for the
purpose of public safety, public access, or cultural or
historical preservation.''.
(b) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce shall issue guidance
for the program established under the amendment made by subsection (a),
including the criteria for awarding grants under such program based on
consultation with Indian Tribes (as that term is defined in that
amendment).
(c) Use of State Grants To Fulfill Tribal Objectives.--Section
306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455a(c)(2)) is amended by striking ``and'' after the semicolon at the
end of subparagraph (D), by striking the period at the end of
subparagraph (E) and inserting ``; and'', and by adding at the end the
following:
``(F) fulfilling any Tribal coastal zone objective
(as that term is defined in section 320).''.
(d) Other Programs Not Affected.--Nothing in this section shall be
construed to affect the ability of an Indian Tribe to apply for,
receive assistance under, or participate in any program authorized by
the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or
other related Federal laws.
SEC. 102. LIVING SHORELINE GRANT PROGRAM.
(a) Establishment.--The Administrator shall make grants to eligible
entities for purposes of--
(1) designing and implementing large- and small-scale,
climate-resilient living shoreline projects; and
(2) applying innovative uses of natural materials and
systems to protect coastal communities, habitats, and natural
system functions.
(b) Project Proposals.--To be eligible to receive a grant under
this section, an eligible entity shall--
(1) submit to the Administrator a proposal for a living
shoreline project, including monitoring, data collection, and
measurable performance criteria with respect to the project;
(2) demonstrate to the Administrator that the entity has
any permits or other authorizations from local, State, and
Federal government agencies necessary to carry out the living
shoreline project or provide evidence demonstrating general
support from such agencies; 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.
(c) Project Selection.--
(1) Development of criteria.--The Administrator shall
select eligible entities to receive grants under this section
based on criteria developed by the Administrator, in
consultation with relevant offices of the National Oceanic and
Atmospheric Administration, such as the Office of Habitat
Conservation, the Office for Coastal Management, and the
Restoration Center.
(2) Considerations.--In developing criteria under paragraph
(1) to evaluate a proposed living shoreline project, the
Administrator shall take into account--
(A) the potential of the project to protect the
community and maintain the viability of the
environment, such as through protection of ecosystem
functions, environmental benefits, or habitat types, in
the area where the project is to be carried out;
(B) the historic and future environmental
conditions of the project site, particularly those
environmental conditions affected by climate change;
(C) the ecological benefits of the project;
(D) the ability of the entity proposing the project
to demonstrate the potential of the project to protect
the coastal community where the project is to be
carried out, including through--
(i) mitigating the effects of erosion;
(ii) attenuating the impact of coastal
storms and storm surge;
(iii) mitigating shoreline flooding;
(iv) mitigating the effects of sea level
rise, accelerated land loss, and extreme tides;
(v) sustaining, protecting, or restoring
the functions and habitats of coastal
ecosystems; or
(vi) such other forms of coastal protection
as the Administrator considers appropriate; and
(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).
(3) Priority.--In selecting living shoreline projects to
receive grants under this section, the Administrator shall give
priority consideration to a proposed project to be conducted in
an area--
(A) for which the President has declared, during
the 10-year period preceding the submission of the
proposal for the project under subsection (b), that a
major disaster exists pursuant to section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) because of a hurricane,
tropical storm, coastal storm, or flooding;
(B) that has a documented history of coastal
erosion or frequent coastal inundation during that 10-
year period; 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.
(4) Minimum standards.--
(A) In general.--The Administrator shall develop
minimum standards to be used in selecting eligible
entities to receive grants under this section, taking
into account--
(i) the considerations described in
paragraph (2);
(ii) the need for such standards to be
general enough to accommodate concerns relating
to specific project sites; and
(iii) the consideration of an established
eligible entity program with systems to
disburse funding from a single grant to support
multiple small-scale projects.
(B) Consultations.--In developing standards under
subparagraph (A), the Administrator--
(i) shall consult with relevant offices of
the National Oceanic and Atmospheric
Administration, such as the Office of Habitat
Conservation, the Office for Coastal
Management, and the Restoration Center; and
(ii) may consult with--
(I) relevant interagency councils,
such as the Estuary Habitat Restoration
Council;
(II) Tribes and Tribal
organizations;
(III) State coastal management
agencies; and
(IV) relevant nongovernmental
organizations.
(d) Use of Funds.--A grant awarded under this section to an
eligible entity to carry out a living shoreline project may be used by
the eligible entity only--
(1) to carry out the project, including administration,
design, permitting, entry into negotiated indirect cost rate
agreements, and construction;
(2) to monitor, collect, and report data on the performance
(including performance over time) of the project, in accordance
with standards issued by the Administrator under subsection
(f)(2); and
(3) to incentivize landowners to engage in living shoreline
projects.
(e) Cost-Sharing.--
(1) In general.--Except as provided in paragraph (2), an
eligible entity that receives a grant under this section to
carry out a living shoreline project shall provide, from non-
Federal sources, funds or other resources (such as land or
conservation easements or in-kind matching from private
entities) valued at not less than 50 percent of the total cost,
including administrative costs, of the project.
(2) Reduced matching requirement for certain communities.--
The Administrator may reduce or waive the matching requirement
under paragraph (1) for an eligible entity representing a
community or nonprofit organization if--
(A) the eligible entity submits to the
Administrator in writing--
(i) a request for such a reduction and the
amount of the reduction; and
(ii) a justification for why the entity
cannot meet the matching requirement; and
(B) the Administrator agrees with the
justification.
(f) Monitoring and Reporting.--
(1) In general.--The Administrator shall require each
eligible entity receiving a grant under this section (or a
representative of the entity) to carry out a living shoreline
project--
(A) to transmit to the Administrator data collected
under the project;
(B) to monitor the project and to collect data on--
(i) the ecological benefits of the project
and the protection provided by the project for
the coastal community where the project is
carried out, including through--
(I) mitigating the effects of
erosion;
(II) attenuating the impact of
coastal storms and storm surge;
(III) mitigating shoreline
flooding;
(IV) mitigating the effects of sea
level rise, accelerated land loss, and
extreme tides;
(V) sustaining, protecting, or
restoring the functions and habitats of
coastal ecosystems; or
(VI) such other forms of coastal
protection as the Administrator
considers appropriate; and
(ii) the performance of the project in
providing such protection;
(C) to make data collected under the project
available on a publicly accessible internet website of
the National Oceanic and Atmospheric Administration;
and
(D) not later than 1 year after the entity receives
the grant, and annually thereafter until the completion
of the project, to submit to the Administrator a report
on--
(i) the measures described in subparagraph
(B); and
(ii) the effectiveness of the project in
increasing protection of the coastal community
where the project is carried out through living
shorelines techniques, including--
(I) a description of--
(aa) the project;
(bb) the activities carried
out under the project; and
(cc) the techniques and
materials used in carrying out
the project; and
(II) data on the performance of the
project in providing protection to that
coastal community.
(2) Guidelines.--In developing guidelines relating to
paragraph (1)(C), the Administrator shall consider how
additional data could safely be collected before and after
major disasters or severe weather events to measure project
performance and project recovery.
(3) Standards.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Administrator
shall, in consultation with relevant offices of the
National Oceanic and Atmospheric Administration,
relevant interagency councils, and relevant
nongovernmental organizations, issue standards for the
monitoring, collection, and reporting under subsection
(d)(2) of data regarding the performance of living
shoreline projects for which grants are awarded under
this section.
(B) Reporting.--The standards issued under
subparagraph (A) shall require an eligible entity
receiving a grant under this section to report the data
described in that subparagraph to the Administrator on
a regular basis.
(g) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 to the Administrator for each of fiscal years
2020 through 2025 for purposes of carrying out this section.
(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.
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A unit of a State or local government.
(B) An organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 that is exempt
from taxation under section 501(a) of such Code.
(C) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)).
(3) Living shoreline project.--The term ``living shoreline
project''--
(A) means a project that--
(i) restores or stabilizes a shoreline,
including marshes, wetlands, and other
vegetated areas that are part of the shoreline
ecosystem, by using natural materials and
systems to create buffers to attenuate the
impact of coastal storms, currents, flooding,
and wave energy and to prevent or minimize
shoreline erosion while supporting coastal
ecosystems and habitats;
(ii) incorporates as many natural elements
as possible, such as native wetlands, submerged
aquatic plants, corals, oyster shells, native
grasses, shrubs, or trees;
(iii) utilizes techniques that incorporate
ecological and coastal engineering principles
in shoreline stabilization; and
(iv) to the extent possible, maintains or
restores existing natural slopes and
connections between uplands and adjacent
wetlands or surface waters;
(B) may include the use of--
(i) natural elements, such as sand, wetland
plants, logs, oysters or other shellfish,
submerged aquatic vegetation, corals, native
grasses, shrubs, trees, or coir fiber logs;
(ii) project elements that provide
ecological benefits to coastal ecosystems and
habitats in addition to shoreline protection;
and
(iii) structural materials, such as stone,
concrete, wood, vinyl, oyster domes, or other
approved engineered structures in combination
with natural materials; and
(C) may include a project that expands upon or
restores natural living shorelines or existing living
shoreline projects.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
SEC. 103. 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. 321. 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, 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--
``(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 shall 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) Reports.--
``(1) The Secretary shall--
``(A) develop performance measures to evaluate and
report on the effectiveness of 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.
``(l) 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.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated to the Grant Program $12,000,000 for each of fiscal years
2020 through 2024.''.
SEC. 104. WORKING WATERFRONTS PRESERVATION FUND; GRANTS.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
further amended by adding at the end the following:
``SEC. 322. WORKING WATERFRONTS PRESERVATION LOAN FUND.
``(a) Fund.--There is established in the Treasury a separate
account that shall be known as the `Working Waterfronts Preservation
Loan Fund' (in this section referred to as the `Fund').
``(b) Use.--
``(1) Subject to the availability of appropriations,
amounts in the Fund may be used by the Secretary to make loans
to coastal States for the purpose of implementing a working
waterfront plan approved by the Secretary under section 321(c)
through preservation, improvement, restoration, rehabilitation,
acquisition of working waterfront properties under criteria
established by the Secretary.
``(2) Upon enactment of this section, the Secretary of
Commerce shall conduct a feasibility study on the
administration of the development and management of a Working
Waterfronts Preservation Loan Fund.
``(3) Upon the completion of the study under paragraph (2),
the Secretary shall establish a fund in accordance with the
results of that study, and establish such criteria as
referenced in subsection (c) in consultation with States that
have a management program approved by the Secretary of Commerce
pursuant to section 306 and local government coastal management
programs.
``(c) Award Criteria.--The Secretary shall award loans under this
section through a regionally equitable, competitive funding process,
and in accordance with the following:
``(1) 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 an application for a loan is
consistent with the State's approved coastal zone plan,
program, and policies prior to submission to the Secretary.
``(2) 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.
``(3) Coastal States may allocate amounts loaned under this
section to local governments, agencies, or nongovernmental
organizations eligible for loans under this section.
``(4) In awarding a loan for activities in a coastal State,
the Secretary shall consider--
``(A) the economic and cultural 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 section
321(c), and the value of the proposed loan for the
implementation of such plan;
``(C) the ability to successfully leverage loan
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;
``(E) the impact of the loan on the coastal
ecosystem and the users of the coastal ecosystem; and
``(F) the extent of the historic connection between
working waterfronts for which the loan will be used and
the local communities within the coastal State.
``(d) Loan Amount and Terms.--
``(1) The amount of a loan under this section--
``(A) shall be not less than $100,000; and
``(B) shall not exceed 15 percent of the amount in
the Fund as of July 1 of the fiscal year in which the
loan is made.
``(2) The interest rate for a loan under this section shall
not exceed 4 percent.
``(3) The repayment term for a loan under this section
shall not exceed 20 years.
``(e) Deadline for Approval.--The Secretary shall approve or reject
an application for a loan under this section within 60 days after
receiving an application for the loan.
``(f) 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.
``(g) Definitions.--The definitions in section 321(l) shall apply
to this section.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund $12,000,000 for each of fiscal years 2020
through 2024.''.
SEC. 105. ELIGIBILITY OF DISTRICT OF COLUMBIA FOR FEDERAL FUNDING UNDER
THE COASTAL ZONE MANAGEMENT ACT OF 1972.
Section 304(4) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453(4)) is amended by inserting ``the District of Columbia,''
after ``the term also includes''.
SEC. 106. CLIMATE CHANGE PREPAREDNESS IN THE COASTAL ZONE.
(a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C.
1451 et seq.) is amended by adding at the end the following:
``SEC. 323. CLIMATE CHANGE ADAPTATION PREPAREDNESS AND RESPONSE
PROGRAM.
``(a) In General.--The Secretary shall establish, consistent with
the national policies set forth in section 303, a coastal climate
change adaptation preparedness and response program to--
``(1) provide assistance to coastal States to voluntarily
develop coastal climate change adaptation plans, pursuant to
approved management programs approved under section 306, to
minimize contributions to climate change and to prepare for and
reduce the negative consequences that may result from climate
change in the coastal zone; and
``(2) provide financial and technical assistance and
training to enable coastal States to implement plans developed
pursuant to this section through coastal States' enforceable
policies.
``(b) Coastal Climate Change Adaptation Planning and Preparedness
Grants.--
``(1) In general.--The Secretary, subject to the
availability of appropriations, may make a grant to any coastal
State for the purpose of developing climate change adaptation
plans pursuant to guidelines issued by the Secretary under
paragraph (8).
``(2) Plan content.--A plan developed with a grant under
this subsection shall include the following:
``(A) Identification of public facilities and
public services, working waterfronts, coastal resources
of national significance, coastal waters, energy
facilities, or other land and water uses located in the
coastal zone that are likely to be impacted by climate
change.
``(B) Adaptive management strategies for land use
to respond or adapt to changing environmental
conditions, including strategies to combat invasive
species, protect biodiversity, protect water quality,
and establish habitat buffer zones, migration
corridors, and climate refugia.
``(C) Adaptive management strategies for ocean-
based ecosystems and resources, including strategies to
plan for and respond to geographic or temporal shifts
in marine resources, to create protected areas that
will provide climate refugia, and to maintain and
restore ocean ecosystem function.
``(D) 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.
``(E) Requirements to initiate and maintain long-
term monitoring of environmental change to assess
coastal zone adaptation and to adjust when necessary
adaptive management strategies and new planning
guidelines to attain the policies under section 303.
``(F) 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.
``(G) Other information considered necessary by the
Secretary to identify the full range of climate change
impacts affecting coastal communities.
``(3) State hazard mitigation plans.--Plans developed with
a grant under this subsection shall be consistent with State
hazard mitigation plans and natural disaster response and
recovery programs developed under State or Federal law.
``(4) Allocation.--Grants under this subsection shall be
available only to coastal States with management programs
approved by the Secretary under section 306 and shall be
allocated among such coastal States in a manner consistent with
regulations promulgated pursuant to section 306(c).
``(5) Priority.--In the awarding of grants under this
subsection, the Secretary may give priority to any coastal
State that has received grant funding to develop program
changes pursuant to paragraphs (1), (2), (3), (5), (6), (7),
and (8) of section 309(a).
``(6) Technical assistance.--The Secretary may provide
technical assistance to a coastal State consistent with section
310 to ensure the timely development of plans supported by
grants awarded under this subsection.
``(7) Federal approval.--In order to be eligible for a
grant under subsection (c), a coastal State must have its plan
developed under this subsection approved by the Secretary.
``(8) Guidelines.--Within 180 days after the date of
enactment of this section, the Secretary, in consultation with
the coastal States, shall issue guidelines for the
implementation of the grant program established under this
subsection.
``(c) Coastal Climate Change Adaptation Project Implementation
Grants.--
``(1) In general.--The Secretary, subject to the
availability of appropriations, may make grants to any coastal
State that has a climate change adaptation plan approved under
subsection (b)(7), in order to support projects that implement
strategies contained within such plans.
``(2) Program requirements.--The Secretary, within 90 days
after approval of the first plan approved under subsection
(b)(7), shall publish in the Federal Register requirements
regarding applications, allocations, eligible activities, and
all terms and conditions for grants awarded under this
subsection. No less than 30 percent, and no more than 50
percent, of the funds appropriated in any fiscal year for
grants under this subsection shall be awarded through a merit-
based competitive process.
``(3) Eligible activities.--The Secretary may award grants
to coastal States to implement projects in the coastal zone to
address stress factors in order to improve coastal climate
change adaptation, including the following:
``(A) Activities to address physical disturbances
within the coastal zone, especially activities related
to public facilities and public services, tourism,
sedimentation, ocean acidification, coastal
acidification, hypoxia, harmful algal blooms, and other
factors negatively impacting coastal waters.
``(B) Monitoring, control, or eradication of
disease organisms and invasive species.
``(C) Activities to address the loss, degradation,
or fragmentation of wildlife habitat through projects
to establish or protect marine, avian, and terrestrial
habitat buffers, wildlife refugia, other wildlife
refuges, or networks thereof, preservation of migratory
wildlife corridors and other transition zones, and
restoration of fish, avian, and wildlife habitat.
``(D) Projects to reduce, mitigate, or otherwise
address likely impacts caused by natural hazards in the
coastal zone, including sea level rise, coastal
inundation, storm water management, coastal erosion and
subsidence, severe weather events such as cyclonic
storms, tsunamis and other seismic threats, and
fluctuating Great Lakes water levels. The Secretary
shall give priority to projects that utilize green
infrastructure solutions.
``(E) Projects to adapt existing infrastructure,
including enhancements to both built and natural
environments, such as sea walls and living shorelines.
``(F) Provision of technical training and
assistance to local coastal policy makers to increase
awareness of science, management, and technology
information related to climate change and adaptation
strategies.
``(G) Projects to assess the impact on coastal
resiliency of water level regulating practices on the
Great Lakes.
``(H) 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.
``(4) Promotion and use of national estuarine research
reserves.--The Secretary shall promote and encourage the use of
National Estuarine Research Reserves as sites for pilot or
demonstration projects carried out with grants awarded under
this section.''.
(b) Authorization of Appropriations.--Section 318(a) of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1464(a)) is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) for grants under section 323, such sums as are
necessary.''.
(c) Intent of Congress.--Nothing in this section shall be construed
to require any coastal State to amend or modify its approved management
program pursuant to section 306(e) of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1455(e)) or to extend the enforceable policies of a
coastal State beyond the coastal zone as identified in the coastal
State's approved management program.
SEC. 107. 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.
SEC. 108. 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.
SEC. 109. 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.
TITLE II--FISHERY RESEARCH AND CONSERVATION
Subtitle A--National Fish Habitat Conservation Through Partnerships
SEC. 201. PURPOSE.
The purpose of this subtitle is to encourage partnerships among
public agencies and other interested persons to promote fish
conservation--
(1) to achieve measurable habitat conservation results
through strategic actions of Fish Habitat Partnerships that
lead to better fish habitat conditions and increased fishing
opportunities by--
(A) improving ecological conditions;
(B) restoring natural processes; or
(C) preventing the decline of intact and healthy
systems;
(2) to establish a consensus set of national conservation
strategies as a framework to guide future actions and
investment by Fish Habitat Partnerships;
(3) to broaden the community of support for fish habitat
conservation by--
(A) increasing fishing opportunities;
(B) fostering the participation of local
communities, especially young people in local
communities, in conservation activities; and
(C) raising public awareness of the role healthy
fish habitat play in the quality of life and economic
well-being of local communities;
(4) to fill gaps in the National Fish Habitat Assessment
and the associated database of the National Fish Habitat
Assessment--
(A) to empower strategic conservation actions
supported by broadly available scientific information;
and
(B) to integrate socioeconomic data in the analysis
to improve the lives of humans in a manner consistent
with fish habitat conservation goals; and
(5) to communicate to the public and conservation
partners--
(A) the conservation outcomes produced collectively
by Fish Habitat Partnerships; and
(B) new opportunities and voluntary approaches for
conserving fish habitat.
SEC. 202. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Environment and
Public Works of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Board.--The term ``Board'' means the National Fish
Habitat Board established by section 203.
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Environmental protection agency assistant
administrator.--The term ``Environmental Protection Agency
Assistant Administrator'' means the Assistant Administrator for
Water of the Environmental Protection Agency.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given to the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(6) National oceanic and atmospheric administration
assistant administrator.--The term ``National Oceanic and
Atmospheric Administration Assistant Administrator'' means the
Assistant Administrator for Fisheries of the National Oceanic
and Atmospheric Administration.
(7) Partnership.--The term ``Partnership'' means an entity
designated by Congress as a Fish Habitat Partnership under
section 204.
(8) Real property interest.--The term ``real property
interest'' means an ownership interest in--
(A) land; or
(B) water (including water rights).
(9) Marine fisheries commissions.--The term ``Marine
Fisheries Commissions'' means--
(A) the Atlantic States Marine Fisheries
Commission;
(B) the Gulf States Marine Fisheries Commission;
and
(C) the Pacific States Marine Commission.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) State.--The term ``State'' means each of the several
States, Puerto Rico, American Samoa, Guam, the Northern Mariana
Islands, the United States Virgin Islands, and the District of
Columbia.
(12) State agency.--The term ``State agency'' means--
(A) the fish and wildlife agency of a State; and
(B) any department or division of a department or
agency of a State that manages in the public trust the
inland or marine fishery resources of the State or
sustains the habitat for those fishery resources
pursuant to State law or the constitution of the State.
SEC. 203. NATIONAL FISH HABITAT BOARD.
(a) Establishment.--
(1) Fish habitat board.--There is established a board, to
be known as the ``National Fish Habitat Board'', whose duties
are--
(A) to promote, oversee, and coordinate the
implementation of this subtitle;
(B) to establish national goals and priorities for
fish habitat conservation;
(C) to recommend to Congress entities for
designation as Partnerships; and
(D) to review and make recommendations regarding
fish habitat conservation projects.
(2) Membership.--The Board shall be composed of 26 members,
of whom--
(A) one shall be a representative of the Department
of the Interior;
(B) one shall be a representative of the United
States Geological Survey;
(C) one shall be a representative of the Department
of Commerce;
(D) one shall be a representative of the Department
of Agriculture;
(E) one shall be a representative of the
Association of Fish and Wildlife Agencies;
(F) four shall be representatives of State
agencies, one of whom shall be nominated by a regional
association of fish and wildlife agencies from each of
the Northeast, Southeast, Midwest, and Western regions
of the United States;
(G) two shall be representatives of either--
(i) Indian Tribes in the State of Alaska;
or
(ii) Indian Tribes in States other than the
State of Alaska;
(H) one shall be a representative of either--
(i) the Regional Fishery Management
Councils established under section 302 of the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852); or
(ii) a representative of the Marine
Fisheries Commissions;
(I) one shall be a representative of the
Sportfishing and Boating Partnership Council;
(J) seven shall be representatives selected from at
least one from each of the following:
(i) the recreational sportfishing industry;
(ii) the commercial fishing industry;
(iii) marine recreational anglers;
(iv) freshwater recreational anglers;
(v) habitat conservation organizations; and
(vi) science-based fishery organizations;
(K) one shall be a representative of a national
private landowner organization;
(L) one shall be a representative of an
agricultural production organization;
(M) one shall be a representative of local
government interests involved in fish habitat
restoration;
(N) two shall be representatives from different
sectors of corporate industries, which may include--
(i) natural resource commodity interests,
such as petroleum or mineral extraction;
(ii) natural resource user industries; and
(iii) industries with an interest in fish
and fish habitat conservation; and
(O) one shall be a leadership private sector or
landowner representative of an active partnership.
(3) Compensation.--A member of the Board shall serve
without compensation.
(4) Travel expenses.--A member of the Board may be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for an employee of an agency under subchapter
I of chapter 57 of title 5, United States Code, while away from
the home or regular place of business of the member in the
performance of the duties of the Board.
(b) Appointment and Terms.--
(1) In general.--Except as otherwise provided in this
section, a member of the Board described in any of
subparagraphs (F) through (O) of subsection (a)(2) shall serve
for a term of 3 years.
(2) Initial board membership.--
(A) In general.--The initial Board shall consist of
representatives as described in subparagraphs (A)
through (F) of subsection (a)(2).
(B) Remaining members.--Not later than 60 days
after the date of enactment of this Act, the
representatives of the initial Board under subparagraph
(A) shall appoint the remaining members of the Board
described in subparagraphs (H) through (O) of
subsection (a)(2).
(C) Tribal representatives.--Not later than 60 days
after the enactment of this Act, the Secretary shall
provide to the Board a recommendation of not fewer than
three Tribal representatives, from which the Board
shall appoint one representative pursuant to
subparagraph (G) of subsection (a)(2).
(3) Staggered terms.--Of the members described in
subsection (a)(2)(J) initially appointed to the Board--
(A) two shall be appointed for a term of 1 year;
(B) two shall be appointed for a term of 2 years;
and
(C) three shall be appointed for a term of 3 years.
(4) Vacancies.--
(A) In general.--A vacancy of a member of the Board
described in subparagraph (H), (I), (J), (K), (L), (M),
(N), or (O) of subsection (a)(2) shall be filled by an
appointment made by the remaining members of the Board.
(B) Tribal representatives.--Following a vacancy of
a member of the Board described in subparagraph (G) of
subsection (a)(2), the Secretary shall recommend to the
Board a list of not fewer than three Tribal
representatives, from which the remaining members of
the Board shall appoint a representative to fill the
vacancy.
(5) Continuation of service.--An individual whose term of
service as a member of the Board expires may continue to serve
on the Board until a successor is appointed.
(6) Removal.--If a member of the Board described in any of
subparagraphs (H) through (O) of subparagraph (a)(2) misses
three consecutive regularly scheduled Board meetings, the
members of the Board may--
(A) vote to remove that member; and
(B) appoint another individual in accordance with
paragraph (4).
(c) Chairperson.--
(1) In general.--The representative of the Association of
Fish and Wildlife Agencies appointed under subsection (a)(2)(E)
shall serve as Chairperson of the Board.
(2) Term.--The Chairperson of the Board shall serve for a
term of 3 years.
(d) Meetings.--
(1) In general.--The Board shall meet--
(A) at the call of the Chairperson; but
(B) not less frequently than twice each calendar
year.
(2) Public access.--All meetings of the Board shall be open
to the public.
(e) Procedures.--
(1) In general.--The Board shall establish procedures to
carry out the business of the Board, including--
(A) a requirement that a quorum of the members of
the Board be present to transact business;
(B) a requirement that no recommendations may be
adopted by the Board, except by the vote of two-thirds
of all members;
(C) procedures for establishing national goals and
priorities for fish habitat conservation for the
purposes of this subtitle;
(D) procedures for designating Partnerships under
section 204; and
(E) procedures for reviewing, evaluating, and
making recommendations regarding fish habitat
conservation projects.
(2) Quorum.--A majority of the members of the Board shall
constitute a quorum.
SEC. 204. FISH HABITAT PARTNERSHIPS.
(a) Authority To Recommend.--The Board may recommend to Congress
the designation of Fish Habitat Partnerships in accordance with this
section.
(b) Purposes.--The purposes of a Partnership shall be--
(1) to work with other regional habitat conservation
programs to promote cooperation and coordination to enhance
fish populations and fish habitats;
(2) to engage local and regional communities to build
support for fish habitat conservation;
(3) to involve diverse groups of public and private
partners;
(4) to develop collaboratively a strategic vision and
achievable implementation plan that is scientifically sound;
(5) to leverage funding from sources that support local and
regional partnerships;
(6) to use adaptive management principles, including
evaluation of project success and functionality;
(7) to develop appropriate local or regional habitat
evaluation and assessment measures and criteria that are
compatible with national habitat condition measures; and
(8) to implement local and regional priority projects that
improve conditions for fish and fish habitat.
(c) Criteria for Designation.--An entity seeking to be designated
by Congress as a Partnership shall--
(1) submit to the Board an application at such time, in
such manner, and containing such information as the Board may
reasonably require; and
(2) demonstrate to the Board that the entity has--
(A) a focus on promoting the health of important
fish and fish habitats;
(B) an ability to coordinate the implementation of
priority projects that support the goals and national
priorities set by the Board that are within the
Partnership boundary;
(C) a self-governance structure that supports the
implementation of strategic priorities for fish
habitat;
(D) the ability to develop local and regional
relationships with a broad range of entities to further
strategic priorities for fish and fish habitat;
(E) a strategic plan that details required
investments for fish habitat conservation that
addresses the strategic fish habitat priorities of the
Partnership and supports and meets the strategic
priorities of the Board;
(F) the ability to develop and implement fish
habitat conservation projects that address strategic
priorities of the Partnership and the Board; and
(G) the ability to develop fish habitat
conservation priorities based on sound science and
data, the ability to measure the effectiveness of fish
habitat projects of the Partnership, and a clear plan
as to how Partnership science and data components will
be integrated with the overall Board science and data
effort.
(d) Requirements for Recommendation to Congress.--The Board may
recommend to Congress for designation an application for a Partnership
submitted under subsection (c) if the Board determines that the
applicant--
(1) meets the criteria described in subsection (c)(2);
(2) identifies representatives to provide support and
technical assistance to the Partnership from a diverse group of
public and private partners, which may include State or local
governments, nonprofit entities, Indian Tribes, and private
individuals, that are focused on conservation of fish habitats
to achieve results across jurisdictional boundaries on public
and private land;
(3) is organized to promote the health of important fish
species and important fish habitats, including reservoirs,
natural lakes, coastal and marine environments, coral reefs,
and estuaries;
(4) identifies strategic fish and fish habitat priorities
for the Partnership area in the form of geographical focus
areas or key stressors or impairments to facilitate strategic
planning and decision making;
(5) is able to address issues and priorities on a
nationally significant scale;
(6) includes a governance structure that--
(A) reflects the range of all partners; and
(B) promotes joint strategic planning and decision
making by the applicant;
(7) demonstrates completion of, or significant progress
toward the development of, a strategic plan to address declines
in fish populations, rather than simply treating symptoms, in
accordance with the goals and national priorities established
by the Board; and
(8) promotes collaboration in developing a strategic vision
and implementation program that is scientifically sound and
achievable.
(e) Report to Congress.--
(1) In general.--Not later than February 1 of the first
fiscal year beginning after the date of enactment of this Act
and each February 1 thereafter, the Board shall develop and
submit to the appropriate congressional committees an annual
report, to be entitled ``Report to Congress on Future Fish
Habitat Partnerships and Modifications'', that--
(A) identifies each entity that--
(i) meets the requirements described in
subsection (d); and
(ii) the Board recommends to Congress for
designation as a Partnership;
(B) describes any proposed modifications to a
Partnership previously designated by Congress under
subsection (f);
(C) with respect to each entity recommended for
designation as a Partnership, describes, to the maximum
extent practicable--
(i) the purpose of the recommended
Partnership; and
(ii) how the recommended Partnership
fulfills the requirements described in
subsection (d).
(2) Public availability; notification.--The Board shall--
(A) make the report publicly available, including
on the internet; and
(B) provide to the appropriate congressional
committees and the State agency of any State included
in a recommended Partnership area written notification
of the public availability of the report.
(f) Designation or Modification of Partnership.--Congress shall
have the exclusive authority to designate or modify a Partnership.
(g) Existing Partnerships.--
(1) Designation review.--Not later than 5 years after the
date of enactment of this Act, any partnership receiving
Federal funds as of the date of enactment of this Act shall be
subject to a designation review by Congress in which Congress
shall have the opportunity to designate the partnership under
subsection (f).
(2) Ineligibility for federal funds.--A partnership
referred to in paragraph (1) that Congress does not designate
as described in that paragraph shall be ineligible to receive
Federal funds under this subtitle.
SEC. 205. FISH HABITAT CONSERVATION PROJECTS.
(a) Submission to Board.--Not later than March 31 of each year,
each Partnership shall submit to the Board a list of priority fish
habitat conservation projects recommended by the Partnership for annual
funding under this subtitle.
(b) Recommendations by Board.--Not later than July 1 of each year,
the Board shall submit to the Secretary a priority list of fish habitat
conservation projects that includes a description, including estimated
costs, of each project that the Board recommends that the Secretary
approve and fund under this subtitle for the following fiscal year.
(c) Criteria for Project Selection.--The Board shall select each
fish habitat conservation project recommended to the Secretary under
subsection (b) after taking into consideration, at a minimum, the
following information:
(1) A recommendation of the Partnership that is, or will
be, participating actively in implementing the fish habitat
conservation project.
(2) The capabilities and experience of project proponents
to implement successfully the proposed project.
(3) The extent to which the fish habitat conservation
project--
(A) fulfills a local or regional priority that is
directly linked to the strategic plan of the
Partnership and is consistent with the purpose of this
subtitle;
(B) addresses the national priorities established
by the Board;
(C) is supported by the findings of the habitat
assessment of the Partnership or the Board, and aligns
or is compatible with other conservation plans;
(D) identifies appropriate monitoring and
evaluation measures and criteria that are compatible
with national measures;
(E) provides a well-defined budget linked to
deliverables and outcomes;
(F) leverages other funds to implement the project;
(G) addresses the causes and processes behind the
decline of fish or fish habitats; and
(H) includes an outreach or education component
that includes the local or regional community.
(4) The availability of sufficient non-Federal funds to
match Federal contributions for the fish habitat conservation
project, as required by subsection (e).
(5) The extent to which the fish habitat conservation
project--
(A) will increase fish populations in a manner that
leads to recreational fishing opportunities for the
public;
(B) will be carried out through a cooperative
agreement among Federal, State, and local governments,
Indian Tribes, and private entities;
(C) increases public access to land or water for
fish and wildlife-dependent recreational opportunities;
(D) advances the conservation of fish and wildlife
species that have been identified by a State agency as
species of greatest conservation need;
(E) where appropriate, advances the conservation of
fish and fish habitats under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.) and other relevant Federal law and State
wildlife action plans; and
(F) promotes strong and healthy fish habitats so
that desired biological communities are able to persist
and adapt.
(6) The substantiality of the character and design of the
fish habitat conservation project.
(d) Limitations.--
(1) Requirements for evaluation.--No fish habitat
conservation project may be recommended by the Board under
subsection (b) or provided financial assistance under this
subtitle unless the fish habitat conservation project includes
an evaluation plan designed using applicable Board guidance--
(A) to appropriately assess the biological,
ecological, or other results of the habitat protection,
restoration, or enhancement activities carried out
using the assistance;
(B) to reflect appropriate changes to the fish
habitat conservation project if the assessment
substantiates that the fish habitat conservation
project objectives are not being met;
(C) to identify improvements to existing fish
populations, recreational fishing opportunities, and
the overall economic benefits for the local community
of the fish habitat conservation project; and
(D) to require the submission to the Board of a
report describing the findings of the assessment.
(2) Acquisition authorities.--
(A) In general.--A State, local government, or
other non-Federal entity is eligible to receive funds
for the acquisition of real property from willing
sellers under this subtitle if the acquisition
ensures--
(i) public access for fish and wildlife-
dependent recreation; or
(ii) a scientifically based, direct
enhancement to the health of fish and fish
populations, as determined by the Board.
(B) State agency approval.--
(i) In general.--All real property interest
acquisition projects funded under this subtitle
must be approved by the State agency in the
State in which the project is occurring.
(ii) Prohibition.--The Board may not
recommend, and the Secretary may not provide
any funding for, any real property interest
acquisition that has not been approved by the
State agency.
(C) Assessment of other authorities.--The Board may
not recommend, and the Secretary may not provide any
funding under this subtitle for, any real property
interest acquisition unless the Partnership that
recommended the project has conducted a project
assessment, submitted with the funding request and
approved by the Board, to demonstrate all other
Federal, State, and local authorities for the
acquisition of real property have been exhausted.
(D) Restrictions.--A real property interest may not
be acquired pursuant to a fish habitat conservation
project by a State, local government, or other non-
Federal entity conducted with funds provided under this
subtitle, unless--
(i) the owner of the real property
authorizes the State, local government, or
other non-Federal entity to acquire the real
property; and
(ii) the Secretary and the Board determine
that the State, local government, or other non-
Federal entity would benefit from undertaking
the management of the real property being
acquired because that is in accordance with the
goals of a Partnership.
(e) Non-Federal Contributions.--
(1) In general.--Except as provided in paragraphs (2) and
(4), no fish habitat conservation project may be recommended by
the Board under subsection (b) or provided financial assistance
under this subtitle unless at least 50 percent of the cost of
the fish habitat conservation project will be funded with non-
Federal funds.
(2) Non-federal share.--Such non-Federal share of the cost
of a fish habitat conservation project--
(A) may not be derived from another Federal grant
program; and
(B) may include in-kind contributions and cash.
(3) Special rule for indian tribes.--Notwithstanding
paragraph (1) or any other provision of law, any funds made
available to an Indian Tribe pursuant to this subtitle may be
considered to be non-Federal funds for the purpose of paragraph
(1).
(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.
(f) Approval.--
(1) In general.--Not later than 90 days after the date of
receipt of the recommended priority list of fish habitat
conservation projects under subsection (b), and subject to
subsection (d) and based, to the maximum extent practicable, on
the criteria described in subsection (c), the Secretary, after
consulting with the Secretary of Commerce on marine or
estuarine projects, shall approve or reject any fish habitat
conservation project recommended by the Board.
(2) Funding.--If the Secretary approves a fish habitat
conservation project under paragraph (1), the Secretary shall
use amounts made available to carry out this subtitle to
provide funds to carry out the fish habitat conservation
project.
(3) Notification.--If the Secretary rejects under paragraph
(1) any fish habitat conservation project recommended by the
Board, not later than 90 days after the date of receipt of the
recommendation, the Secretary shall provide to the Board, the
appropriate Partnership, and the appropriate congressional
committees a written statement of the reasons that the
Secretary rejected the fish habitat conservation project.
SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE.
(a) In General.--The Director, the National Oceanic and Atmospheric
Administration Assistant Administrator, the Environmental Protection
Agency Assistant Administrator, and the Director of the United States
Geological Survey, in coordination with the Forest Service and other
appropriate Federal departments and agencies, may provide scientific
and technical assistance to Partnerships, participants in fish habitat
conservation projects, and the Board.
(b) Inclusions.--Scientific and technical assistance provided under
subsection (a) may include--
(1) providing technical and scientific assistance to
States, Indian Tribes, regions, local communities, and
nongovernmental organizations in the development and
implementation of Partnerships;
(2) providing technical and scientific assistance to
Partnerships for habitat assessment, strategic planning, and
prioritization;
(3) supporting the development and implementation of fish
habitat conservation projects that are identified as high
priorities by Partnerships and the Board;
(4) supporting and providing recommendations regarding the
development of science-based monitoring and assessment
approaches for implementation through Partnerships;
(5) supporting and providing recommendations for a national
fish habitat assessment;
(6) ensuring the availability of experts to assist in
conducting scientifically based evaluation and reporting of the
results of fish habitat conservation projects; and
(7) providing resources to secure State agency scientific
and technical assistance to support Partnerships, participants
in fish habitat conservation projects, and the Board.
SEC. 207. COORDINATION WITH STATES AND INDIAN TRIBES.
The Secretary shall provide a notice to, and cooperate with, the
appropriate State agency or Tribal agency, as applicable, of each State
and Indian Tribe within the boundaries of which an activity is planned
to be carried out pursuant to this subtitle, including notification, by
not later than 30 days before the date on which the activity is
implemented.
SEC. 208. INTERAGENCY OPERATIONAL PLAN.
Not later than 1 year after the date of enactment of this Act, and
every 5 years thereafter, the Director, in cooperation with the
National Oceanic and Atmospheric Administration Assistant
Administrator, the Environmental Protection Agency Assistant
Administrator, the Director of the United States Geological Survey, and
the heads of other appropriate Federal departments and agencies
(including, at a minimum, those agencies represented on the Board)
shall develop an interagency operational plan that describes--
(1) the functional, operational, technical, scientific, and
general staff, administrative, and material needs for the
implementation of this subtitle; and
(2) any interagency agreements between or among Federal
departments and agencies to address those needs.
SEC. 209. ACCOUNTABILITY AND REPORTING.
(a) Reporting.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, and every 5 years thereafter, the Board
shall submit to the appropriate congressional committees a
report describing the progress of this subtitle.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) an estimate of the number of acres, stream
miles, or acre-feet, or other suitable measures of fish
habitat, that was maintained or improved by
Partnerships under this subtitle during the 5-year
period ending on the date of submission of the report;
(B) a description of the public access to fish
habitats established or improved under this subtitle
during that 5-year period;
(C) a description of the improved opportunities for
public recreational fishing achieved under this
subtitle; and
(D) an assessment of the status of fish habitat
conservation projects carried out with funds provided
under this subtitle during that period, disaggregated
by year, including--
(i) a description of the fish habitat
conservation projects recommended by the Board
under section 205(b);
(ii) a description of each fish habitat
conservation project approved by the Secretary
under section 205(f), in order of priority for
funding;
(iii) a justification for--
(I) the approval of each fish
habitat conservation project; and
(II) the order of priority for
funding of each fish habitat
conservation project;
(iv) a justification for any rejection of a
fish habitat conservation project recommended
by the Board under section 205(b) that was
based on a factor other than the criteria
described in section 205(c); and
(v) an accounting of expenditures by
Federal, State, or local governments, Indian
Tribes, or other entities to carry out fish
habitat conservation projects under this
subtitle.
(b) Status and Trends Report.--Not later than December 31, 2020,
and every 5 years thereafter, the Board shall submit to the appropriate
congressional committees a report that includes--
(1) a status of all Partnerships designated under this
subtitle;
(2) a description of the status of fish habitats in the
United States as identified by designated Partnerships; and
(3) enhancements or reductions in public access as a result
of--
(A) the activities of the Partnerships; or
(B) any other activities carried out pursuant to
this subtitle.
SEC. 210. EFFECT OF THIS SUBTITLE.
(a) Water Rights.--Nothing in this subtitle--
(1) establishes any express or implied reserved water right
in the United States for any purpose;
(2) affects any water right in existence on the date of
enactment of this Act;
(3) preempts or affects any State water law or interstate
compact governing water; or
(4) affects any Federal or State law in existence on the
date of enactment of the Act regarding water quality or water
quantity.
(b) Authority To Acquire Water Rights or Rights to Property.--Only
a State, local government, or other non-Federal entity may acquire,
under State law, water rights or rights to property with funds made
available through section 212.
(c) State Authority.--Nothing in this subtitle--
(1) affects the authority, jurisdiction, or responsibility
of a State to manage, control, or regulate fish and wildlife
under the laws and regulations of the State; or
(2) authorizes the Secretary to control or regulate within
a State the fishing or hunting of fish and wildlife.
(d) Effect on Indian Tribes.--Nothing in this subtitle abrogates,
abridges, affects, modifies, supersedes, or alters any right of an
Indian Tribe recognized by treaty or any other means, including--
(1) an agreement between the Indian Tribe and the United
States;
(2) Federal law (including regulations);
(3) an Executive order; or
(4) a judicial decree.
(e) Adjudication of Water Rights.--Nothing in this subtitle
diminishes or affects the ability of the Secretary to join an
adjudication of rights to the use of water pursuant to subsection (a),
(b), or (c) of section 208 of the Departments of State, Justice,
Commerce, and The Judiciary Appropriation Act, 1953 (43 U.S.C. 666).
(f) Department of Commerce Authority.--Nothing in this subtitle
affects the authority, jurisdiction, or responsibility of the
Department of Commerce to manage, control, or regulate fish or fish
habitats under the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
(g) Effect on Other Authorities.--
(1) Private property protection.--Nothing in this subtitle
permits the use of funds made available to carry out this
subtitle to acquire real property or a real property interest
without the written consent of each owner of the real property
or real property interest, respectively.
(2) Mitigation.--Nothing in this subtitle authorizes the
use of funds made available to carry out this subtitle for fish
and wildlife mitigation purposes under--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(B) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(C) the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4082); or
(D) any other Federal law or court settlement.
(3) Clean water act.--Nothing in this subtitle affects any
provision of the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), including any definition in that Act.
SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to--
(1) the Board; or
(2) any Partnership.
SEC. 212. FUNDING.
(a) Authorization of Appropriations.--
(1) Fish habitat conservation projects.--There is
authorized to be appropriated to the Secretary $7,200,000 for
each of fiscal years 2019 through 2023 to provide funds for
fish habitat conservation projects approved under section
205(f), of which 5 percent is authorized only for projects
carried out by Indian Tribes.
(2) Administrative and planning expenses.--There is
authorized to be appropriated to the Secretary for each of
fiscal years 2019 through 2023 an amount equal to 5 percent of
the amount appropriated for the applicable fiscal year pursuant
to paragraph (1)--
(A) for administrative and planning expenses under
this subtitle; and
(B) to carry out section 209.
(3) Technical and scientific assistance.--There is
authorized to be appropriated for each of fiscal years 2020
through 2024 to carry out, and provide technical and scientific
assistance under, section 206--
(A) $400,000 to the Secretary for use by the United
States Fish and Wildlife Service;
(B) $400,000 to the National Oceanic and
Atmospheric Administration Assistant Administrator for
use by the National Oceanic and Atmospheric
Administration;
(C) $400,000 to the Environmental Protection Agency
Assistant Administrator for use by the Environmental
Protection Agency;
(D) $400,000 to the Secretary for use by the United
States Geological Survey; and
(E) $400,000 to the Chief of the Forest Service for
use by the United States Department of Agriculture
Forest Service.
(b) Agreements and Grants.--The Secretary may--
(1) on the recommendation of the Board, and notwithstanding
sections 6304 and 6305 of title 31, United States Code, and the
Federal Financial Assistance Management Improvement Act of 1999
(31 U.S.C. 6101 note; Public Law 106-107), enter into a grant
agreement, cooperative agreement, or contract with a
Partnership or other entity to provide funds authorized by this
subtitle for a fish habitat conservation project or restoration
or enhancement project;
(2) apply for, accept, and, subject to the availability of
appropriations, use a grant from any individual or entity to
carry out the purposes of this subtitle; and
(3) subject to the availability of appropriations, make
funds authorized by this Act available to any Federal
department or agency for use by that department or agency to
provide grants for any fish habitat protection project,
restoration project, or enhancement project that the Secretary
determines to be consistent with this subtitle.
(c) Donations.--
(1) In general.--The Secretary may--
(A) enter into an agreement with any organization
described in section 501(c)(3) of the Internal Revenue
Code of 1986 that is exempt from taxation under section
501(a) of that Code to solicit private donations to
carry out the purposes of this subtitle; and
(B) accept donations of funds, property, and
services to carry out the purposes of this subtitle.
(2) Treatment.--A donation accepted under this subtitle--
(A) shall be considered to be a gift or bequest to,
or otherwise for the use of, the United States; and
(B) may be--
(i) used directly by the Secretary; or
(ii) provided to another Federal department
or agency through an interagency agreement.
SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY
FEDERAL AGENCIES THROUGH PARTNERSHIPS.
Any Partnership designated under this subtitle--
(1) shall be for the sole purpose of promoting fish
conservation; and
(2) shall not be used to implement any regulatory authority
of any Federal agency.
Subtitle B--Great Lakes Fishery Research Authorization
SEC. 221. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(2) Great lakes basin.--The term ``Great Lakes Basin''
means the air, land, water, and living organisms in the United
States within the drainage basin of the Saint Lawrence River at
and upstream from the point at which such river and the Great
Lakes become the international boundary between Canada and the
United States.
SEC. 222. FINDINGS.
Congress finds the following:
(1) The Great Lakes support a diverse ecosystem, on which
the vibrant and economically valuable Great Lakes fisheries
depend.
(2) To continue successful fisheries management and
coordination, as has occurred since signing of the Convention
on Great Lakes Fisheries between the United States and Canada
on September 10, 1954, management of the ecosystem and its
fisheries require sound, reliable science, and the use of
modern scientific technologies.
(3) Fisheries research is necessary to support multi-
jurisdictional fishery management decisions and actions
regarding recreational and sport fishing, commercial fisheries,
tribal harvest, allocation decisions, and fish stocking
activities.
(4) President Richard Nixon submitted, and the Congress
approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring
science activities and management of marine fisheries to the
National Oceanic and Atmospheric Administration.
(5) Reorganization Plan No. 4 expressly excluded fishery
research activities within the Great Lakes from the transfer,
retaining management and scientific research duties within the
already established jurisdictions under the 1954 Convention on
Great Lakes Fisheries, including those of the Great Lakes
Fishery Commission and the Department of the Interior.
SEC. 223. GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH.
(a) In General.--The Director may conduct monitoring, assessment,
science, and research, in support of the binational fisheries within
the Great Lakes Basin.
(b) Specific Authorities.--The Director shall, under subsection
(a)--
(1) execute a comprehensive, multi-lake, freshwater
fisheries science program;
(2) coordinate with and work cooperatively with regional,
State, tribal, and local governments; and
(3) consult with other interested entities groups,
including academia and relevant Canadian agencies.
(c) Included Research.--To properly serve the needs of fisheries
managers, monitoring, assessment, science, and research under this
section may include--
(1) deepwater ecosystem sciences;
(2) biological and food-web components;
(3) fish movement and behavior investigations;
(4) fish population structures;
(5) fish habitat investigations;
(6) invasive species science;
(7) harmful algal bloom development research;
(8) research on the impacts of harmful algal blooms,
nutrient pollution, and dead zones on Great Lakes fisheries;
(9) research into the effects of per- and polyfluoroalkyl
substances, mercury, and other contaminants on fisheries and
fishery ecosystems;
(10) use of existing, new, and experimental biological
assessment tools, equipment, vessels, other scientific
instrumentation and laboratory capabilities necessary to
support fishery management decisions; and
(11) studies to assess impacts on Great Lakes fishery
resources.
(d) Savings Clause.--Nothing in this subtitle is intended or shall
be construed to impede, supersede, or alter the authority of the Great
Lakes Fishery Commission, States, and Indian tribes under the
Convention on Great Lakes Fisheries between the United States of
America and Canada on September 10, 1954, and the Great Lakes Fishery
Act of 1956 (16 U.S.C. 931 et seq.).
SEC. 224. AUTHORIZATION OF APPROPRIATIONS.
For each of fiscal years 2020 through 2029, there is authorized to
be appropriated $17,500,000 to carry out this subtitle.
Subtitle C--Chesapeake Bay Oyster Research
SEC. 231. 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. 232. 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.
TITLE III--MEETING 21ST CENTURY OCEAN AND COASTAL DATA NEEDS
Subtitle A--Digital Coast
SEC. 301. FINDINGS.
Congress makes the following findings:
(1) The Digital Coast is a model approach for effective
Federal partnerships with State and local government,
nongovernmental organizations, and the private sector.
(2) Access to current, accurate, uniform, and standards-
based geospatial information, tools, and training to
characterize the United States coastal region is critical for
public safety and for the environment, infrastructure, and
economy of the United States.
(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.
(4) More than half of all people of the United States
(153,000,000) currently live on or near a coast and an
additional 12,000,000 are expected in the next decade.
(5) Coastal counties in the United States average 300
persons per square mile, compared with the national average of
98.
(6) On a typical day, more than 1,540 permits for
construction of single-family homes are issued in coastal
counties, combined with other commercial, retail, and
institutional construction to support this population.
(7) Over half of the economic productivity of the United
States is located within coastal regions.
(8) Highly accurate, high-resolution remote sensing and
other geospatial data play an increasingly important role in
decision making and management of the coastal zone and economy,
including for--
(A) flood and coastal storm surge prediction;
(B) hazard risk and vulnerability assessment;
(C) emergency response and recovery planning;
(D) community resilience to longer range coastal
change;
(E) local planning and permitting;
(F) habitat and ecosystem health assessments; and
(G) landscape change detection.
SEC. 302. DEFINITIONS.
In this subtitle:
(1) Coastal region.--The term ``coastal region'' means the
area of United States waters extending inland from the
shoreline to include coastal watersheds and seaward to the
territorial sea.
(2) Coastal state.--The term ``coastal State'' has the
meaning given the term ``coastal state'' in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3) Federal geographic data committee.--The term ``Federal
Geographic Data Committee'' means the interagency committee
that promotes the coordinated development, use, sharing, and
dissemination of geospatial data on a national basis.
(4) Remote sensing and other geospatial.--The term ``remote
sensing and other geospatial'' means collecting, storing,
retrieving, or disseminating graphical or digital data
depicting natural or manmade physical features, phenomena, or
boundaries of the Earth and any information related thereto,
including surveys, maps, charts, satellite and airborne remote
sensing data, images, LiDAR, and services performed by
professionals such as surveyors, photogrammetrists,
hydrographers, geodesists, cartographers, and other such
services.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
SEC. 303. ESTABLISHMENT OF THE DIGITAL COAST.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program
for the provision of an enabling platform that integrates
geospatial data, decision-support tools, training, and best
practices to address coastal management issues and needs. Under
the program, the Secretary shall strive to enhance resilient
communities, ecosystem values, and coastal economic growth and
development by helping communities address their issues, needs,
and challenges through cost-effective and participatory
solutions.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Digital Coast'' (in this section
referred to as the ``program'').
(b) Program Requirements.--In carrying out the program, the
Secretary shall ensure that the program provides data integration, tool
development, training, documentation, dissemination, and archiving by--
(1) making data and resulting integrated products developed
under this section readily accessible via the Digital Coast
Internet website of the National Oceanic and Atmospheric
Administration, the GeoPlatform.gov and data.gov Internet
websites, and such other information distribution technologies
as the Secretary considers appropriate;
(2) developing decision-support tools that use and display
resulting integrated data and provide training on use of such
tools;
(3) documenting such data to Federal Geographic Data
Committee standards; and
(4) archiving all raw data acquired under this title at the
appropriate National Oceanic and Atmospheric Administration
data center or such other Federal data center as the Secretary
considers appropriate.
(c) Coordination.--The Secretary shall coordinate the activities
carried out under the program to optimize data collection, sharing and
integration, and to minimize duplication by--
(1) consulting with coastal managers and decision makers
concerning coastal issues, and sharing information and best
practices, as the Secretary considers appropriate, with--
(A) coastal States;
(B) local governments; and
(C) representatives of academia, the private
sector, and nongovernmental organizations;
(2) consulting with other Federal agencies, including
interagency committees, on relevant Federal activities,
including activities carried out under the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the
Integrated Coastal and Ocean Observation System Act of 2009 (33
U.S.C. 3601 et seq.), and the Hydrographic Services Improvement
Act of 1998 (33 U.S.C. 892 et seq.);
(3) participating, pursuant to section 216 of the E-
Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501
note), in the establishment of such standards and common
protocols as the Secretary considers necessary to assure the
interoperability of remote sensing and other geospatial data
with all users of such information within--
(A) the National Oceanic and Atmospheric
Administration;
(B) other Federal agencies;
(C) State and local government; and
(D) the private sector;
(4) coordinating with, seeking assistance and cooperation
of, and providing liaison to the Federal Geographic Data
Committee pursuant to Office of Management and Budget Circular
A-16 and Executive Order No. 12906 of April 11, 1994 (59 Fed.
Reg. 17671), as amended by Executive Order No. 13286 of
February 28, 2003 (68 Fed. Reg. 10619); and
(5) developing and maintaining a best practices document
that sets out the best practices used by the Secretary in
carrying out the program and providing such document to the
United States Geological Survey, the Corps of Engineers, and
other relevant Federal agencies.
(d) Filling Needs and Gaps.--In carrying out the program, the
Secretary shall--
(1) maximize the use of remote sensing and other geospatial
data collection activities conducted for other purposes and
under other authorities;
(2) focus on filling data needs and gaps for coastal
management issues, including with respect to areas that, as of
the date of the enactment of this Act, were underserved by
coastal data and the areas of the Arctic that are under the
jurisdiction of the United States;
(3) pursuant to the Ocean and Coastal Mapping Integration
Act (33 U.S.C. 3501 et seq.), support continue improvement in
existing efforts to coordinate the acquisition and integration
of key data sets needed for coastal management and other
purposes, including--
(A) coastal elevation data;
(B) land use and land cover data;
(C) socioeconomic and human use data;
(D) critical infrastructure data;
(E) structures data;
(F) living resources and habitat data;
(G) cadastral data; and
(H) aerial imagery; and
(4) integrate the priority supporting data set forth under
paragraph (3) with other available data for the benefit of the
broadest measure of coastal resource management constituents
and applications.
(e) Financial Agreements and Contracts.--
(1) In general.--In carrying out the program, the
Secretary--
(A) may enter into financial agreements to carry
out the program, including--
(i) support to non-Federal entities that
participate in implementing the program; and
(ii) grants, cooperative agreements,
interagency agreements, contracts, or any other
agreement on a reimbursable or non-reimbursable
basis, with other Federal, tribal, State, and
local governmental and nongovernmental
entities; and
(B) may, to the maximum extent practicable, enter
into such contracts with private sector entities for
such products and services as the Secretary determines
may be necessary to collect, process, and provide
remote sensing and other geospatial data and products
for purposes of the program.
(2) Fees.--
(A) Assessment and collection.--The Secretary may
assess and collect fees to conduct any planned
training, workshop, or conference that advances the
purposes of the program.
(B) Amounts.--The amount of a fee under this
paragraph may not exceed the sum of costs incurred, or
expected to be incurred, by the Secretary as a direct
result of the conduct of the training, workshop, or
conference, including for subsistence expenses
incidental to the training, workshop, or conference, as
applicable.
(C) Use of fees.--Amounts collected by the
Secretary in the form of fees under this paragraph may
be used to pay for--
(i) the costs incurred for conducting an
activity described in subparagraph (A); or
(ii) the expenses described in subparagraph
(B).
(3) Survey and mapping.--Contracts entered into under
paragraph (1)(B) shall be considered ``surveying and mapping''
services as such term is used in and as such contracts are
awarded by the Secretary in accordance with the selection
procedures in chapter 11 of title 40, United States Code.
(f) Ocean Economy.--The Secretary may establish publically
available tools that track ocean and Great Lakes economy data for each
coastal State.
Subtitle B--Integrated Coastal and Ocean Observation System
SEC. 311. STAGGERED TERMS FOR NATIONAL INTEGRATED COASTAL AND OCEAN
OBSERVATION SYSTEM ADVISORY COMMITTEE.
Section 12304(d)(3)(B) of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3603(d)(3)(B)) is amended--
(1) by striking ``Members'' and inserting the following:
``(i) In general.--Except as provided in
clause (ii), members''; and
(2) by adding at the end the following:
``(ii) Staggered terms.--The Administrator
may appoint or reappoint a member for a partial
term of 1 or 2 years in order to establish a
system of staggered terms. The Administrator
may appoint or reappoint a member under this
clause only once. A member appointed or
reappointed to a partial term under this clause
may not serve more than one full term.''.
SEC. 312. INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM COOPERATIVE
AGREEMENTS.
Section 12305(a) of the Integrated Coastal and Ocean Observation
System Act of 2009 (33 U.S.C. 3604(a)) is amended by inserting
``disburse appropriated funds to,'' after ``agreements, with,''.
SEC. 313. REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION
SYSTEM ACT OF 2009.
Section 12311 of the Integrated Coastal and Ocean Observation
System Act of 2009 (33 U.S.C. 3610) is amended by striking ``for fiscal
years 2009 through 2013 such sums as are necessary'' and inserting
``$47,500,000 for each of fiscal years 2020 through 2024''.
SEC. 314. 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.
TITLE IV--NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS
SEC. 401. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
Except as otherwise expressly provided, wherever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the National Sea Grant
College Program Act (33 U.S.C. 1121 et seq.).
SEC. 402. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP.
(a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is amended by
striking ``may'' and inserting ``shall''.
(b) Placements in Congress.--Such section is further amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) In general.--The Secretary''; and
(2) in paragraph (1), as designated by paragraph (1) of
this section, in the second sentence, by striking ``A
fellowship'' and inserting the following:
``(2) Placement priorities.--
``(A) In general.--In each year in which the
Secretary awards a legislative fellowship under this
subsection, when considering the placement of fellows,
the Secretary shall prioritize placement of fellows in
the following:
``(i) Positions in offices of committees of
Congress that have jurisdiction over the
National Oceanic and Atmospheric
Administration.
``(ii) Positions in offices of Members of
Congress who are on such committees.
``(iii) Positions in offices of Members of
Congress that have a demonstrated interest in
ocean, coastal, or Great Lakes resources.
``(B) Equitable distribution.--
``(i) Finding and recognition.--Congress--
``(I) finds that both host offices
and fellows benefit when fellows have
the opportunity to choose from a range
of host offices from different States
and regions, both chambers of Congress,
and both political parties; and
``(II) recognizes the steps taken
by the National Sea Grant College
Program to facilitate an equitable
distribution of fellows among the
political parties.
``(ii) In general.--The Secretary shall
ensure, to the maximum extent practicable, that
fellows have the opportunity to choose from
offices that are described in clauses (i),
(ii), and (iii) of subparagraph (A) and that
are equitably distributed among--
``(I) the political parties; and
``(II) the Senate and the House of
Representatives.
``(iii) Political and cameral equity.--The
Secretary shall ensure that placements are
equitably distributed between--
``(I) the political parties; and
``(II) the Senate and the House of
Representatives.
``(3) Duration.--A fellowship''.
(c) Effective Date.--The amendments made by subsection (b) shall
apply with respect to the first calendar year beginning after the date
of the enactment of this Act and each fiscal year thereafter.
(d) Sense of Congress Concerning Federal Hiring of Former
Fellows.--It is the sense of Congress that in recognition of the
competitive nature of the fellowship under section 208(b) of the
National Sea Grant College Program Act (33 U.S.C. 1127(b)), and of the
exceptional qualifications of fellowship awardees--
(1) the Secretary of Commerce, acting through the Under
Secretary of Commerce for Oceans and Atmosphere, should
encourage participating Federal agencies to consider
opportunities for fellowship awardees at the conclusion of
their fellowships for workforce positions appropriate for their
education and experience; and
(2) Members and committees of Congress should consider
opportunities for such awardees for such positions.
SEC. 403. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO ACCEPT
DONATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM.
(a) In General.--Section 204(c)(4)(E) (33 U.S.C. 1123(c)(4)(E)) is
amended to read as follows:
``(E) accept donations of money and,
notwithstanding section 1342 of title 31, United States
Code, of voluntary and uncompensated services;''.
(b) Priorities.--The Secretary of Commerce, acting through the
Under Secretary of Commerce for Oceans and Atmosphere, shall establish
priorities for the use of donations accepted under section 204(c)(4)(E)
of the National Sea Grant College Program Act (33 U.S.C.
1123(c)(4)(E)), and shall consider among those priorities the
possibility of expanding the Dean John A. Knauss Marine Policy
Fellowship's placement of additional fellows in relevant legislative
offices under section 208(b) of such Act (33 U.S.C. 1127(b)), in
accordance with the recommendations under subsection (c) of this
section.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Sea Grant College
Program, in consultation with the National Sea Grant Advisory Board and
the Sea Grant Association, shall--
(1) develop recommendations for the optimal use of any
donations accepted under section 204(c)(4)(E) of the National
Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and
(2) submit to Congress a report on the recommendations
developed under paragraph (1).
(d) Construction.--Nothing in this section shall be construed to
limit or otherwise affect any other amounts available for marine policy
fellowships under section 208(b) of the National Sea Grant College
Program Act (33 U.S.C. 1127(b)), including amounts--
(1) accepted under section 204(c)(4)(F) of such Act (33
U.S.C. 1123(c)(4)(F)); or
(2) appropriated under section 212 of such Act (33 U.S.C.
1131).
SEC. 404. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF OCEANS
AND COASTAL RESEARCH ACTIVITIES.
Section 9 of the National Sea Grant College Program Act Amendments
of 2002 (33 U.S.C. 857-20) is repealed.
SEC. 405. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA GRANT
ADVISORY BOARD REPORT.
Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended--
(1) in the heading, by striking ``Biennial'' and inserting
``Periodic''; and
(2) in the first sentence, by striking ``The Board shall
report to the Congress every two years'' and inserting ``Not
less frequently than once every 4 years, the Board shall submit
to Congress a report''.
SEC. 406. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT COLLEGE
PROGRAM.
Section 204(b) (33 U.S.C. 1123(b)) is amended by inserting ``for
research, education, extension, training, technology transfer, public
service,'' after ``financial assistance''.
SEC. 407. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS MARINE POLICY
FELLOWSHIP.
(a) In General.--During fiscal year 2019 and any fiscal year
thereafter, the head of any Federal agency may appoint, without regard
to the provisions of subchapter I of chapter 33 of title 5, United
States Code, other than sections 3303 and 3328 of such title, a
qualified candidate described in subsection (b) directly to a position
with the Federal agency for which the candidate meets Office of
Personnel Management qualification standards.
(b) Qualified Candidate.--Subsection (a) applies with respect to a
former recipient of a Dean John A. Knauss Marine Policy Fellowship
under section 208(b) of the National Sea Grant College Program Act (33
U.S.C. 1127(b)) who--
(1) earned a graduate or post-graduate degree in a field
related to ocean, coastal, or Great Lakes resources or policy
from an institution of higher education accredited by an agency
or association recognized by the Secretary of Education
pursuant to section 496(a) of the Higher Education Act of 1965
(20 U.S.C. 1099b(a));
(2) received a Dean John A. Knauss Marine Policy Fellowship
under section 208(b) of the National Sea Grant College Program
Act (33 U.S.C. 1127(b)) within 5 years before the date the
individual is appointed under this section; and
(3) successfully fulfilled the requirements of the
fellowship within the executive or legislative branch of the
United States Government.
SEC. 408. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT
COLLEGE PROGRAM.
(a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this title--
``(A) $87,520,000 for fiscal year 2020;
``(B) $91,900,000 for fiscal year 2021;
``(C) $96,500,000 for fiscal year 2022;
``(D) $101,325,000 for fiscal year 2023;
``(E) $106,380,000 for fiscal year 2024; and
``(F) $111,710,813 for fiscal year 2025.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Priority activities for fiscal years 2020 through
2025.--In addition to the amounts authorized to be appropriated
under paragraph (1), there are authorized to be appropriated
$6,000,000 for each of fiscal years 2020 through 2025 for
competitive grants for the following:
``(A) University research on the biology,
prevention, and control of aquatic nonnative species.
``(B) University research on oyster diseases,
oyster restoration, and oyster-related human health
risks.
``(C) University research on the biology,
prevention, and forecasting of harmful algal blooms.
``(D) University research, education, training, and
extension services and activities focused on coastal
resilience and United States working waterfronts and
other regional or national priority issues identified
in the strategic plan under section 204(c)(1).
``(E) University research and extension on
sustainable aquaculture techniques and technologies.
``(F) Fishery research and extension activities
conducted by sea grant colleges or sea grant institutes
to enhance, and not supplant, existing core program
funding.''.
(b) Modification of Limitations on Amounts for Administration.--
Paragraph (1) of section 212(b) (33 U.S.C. 1131(b)) is amended to read
as follows:
``(1) Administration.--
``(A) In general.--There may not be used for
administration of programs under this title in a fiscal
year more than 5.5 percent of the lesser of--
``(i) the amount authorized to be
appropriated under this title for the fiscal
year; or
``(ii) the amount appropriated under this
title for the fiscal year.
``(B) Critical staffing requirements.--
``(i) In general.--The Director shall use
the authority under subchapter VI of chapter 33
of title 5, United States Code, to meet any
critical staffing requirement while carrying
out the activities authorized under this title.
``(ii) Exception from cap.--For purposes of
subparagraph (A), any costs incurred as a
result of an exercise of authority described in
clause (i) shall not be considered an amount
used for administration of programs under this
title in a fiscal year.''.
(c) Allocation of Funding.--
(1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3))
is amended--
(A) by striking ``With respect to sea grant
colleges and sea grant institutes'' and inserting
``With respect to sea grant colleges, sea grant
institutes, sea grant programs, and sea grant
projects''; and
(B) in subparagraph (B), by striking ``funding
among sea grant colleges and sea grant institutes'' and
inserting ``funding among sea grant colleges, sea grant
institutes, sea grant programs, and sea grant
projects''.
(2) Repeal of requirements concerning distribution of
excess amounts.--Section 212 (33 U.S.C. 1131) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
SEC. 409. TECHNICAL CORRECTIONS.
(a) Section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)) is amended by
moving clause (vi) 2 ems to the right.
(b) Section 209(b) (33 U.S.C. 1128(b)), as amended by this Act, is
further amended--
(1) in paragraph (2), by striking ``The Secretary shall''
and all that follows; and
(2) by adding at the end the following:
``(3) Availability of resources of department of
commerce.--The Secretary shall''.
Passed the House of Representatives December 10, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.