[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3892 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3892
To direct the Secretary of Commerce, acting through the Administrator
of the National Oceanic and Atmospheric Administration, to provide for
ocean-based climate solutions to reduce carbon emissions and global
warming; to make coastal communities more resilient; and to provide for
the conservation and restoration of ocean and coastal habitats,
biodiversity, and marine mammal and fish populations; and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2021
Mr. Beyer (for himself and Mr. Mast) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committee on Science, Space, and Technology, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Commerce, acting through the Administrator
of the National Oceanic and Atmospheric Administration, to provide for
ocean-based climate solutions to reduce carbon emissions and global
warming; to make coastal communities more resilient; and to provide for
the conservation and restoration of ocean and coastal habitats,
biodiversity, and marine mammal and fish populations; and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Ocean and Coastal Security
Improvements Act of 2021''.
SEC. 2. IMPROVEMENTS TO THE NATIONAL OCEANS AND COASTAL SECURITY ACT.
(a) Definition of Tidal Shoreline Refined.--Section 902 of the
National Oceans and Coastal Security Act (16 U.S.C. 7501) is amended--
(1) by amending paragraph (7) to read as follows:
``(7) Tidal shoreline.--The term `tidal shoreline' means a
`tidal shoreline' or a `Great Lake shoreline' as such terms are
used in section 923.110(c)(2)(i) of title 15, Code of Federal
Regulations, or a similar successor regulation.''; and
(2) by adding at the end the following:
``(8) Indian tribe.--The term `Indian Tribe' has the
meaning given such in section 4 of the Indian Self-
Determination and Education Assistance Act.
``(9) Blue carbon.--The term `blue carbon' means the
ability of an ocean or coastal ecosystem, habitat, or other
natural resource to absorb, capture, and contain atmospheric
carbon dioxide.''.
(b) Expenditures.--Section 904(d) of such Act (16 U.S.C. 7503(d))
is amended to read as follows:
``(d) Expenditure.--
``(1) Amounts to remain available.--Amounts in the Fund
shall remain available until extended to carry out the purposes
of the Fund.
``(2) Distribution.--Of the amounts in the Fund, in each
fiscal year--
``(A) not less than $150,000,000 shall be used for
the award of grants under section 906(b);
``(B) not less than $50,000,000 shall be used for
the award of grants under section 906(c);
``(C) any amounts in excess of $200,000,000 shall
be distributed such that--
``(i) 80 percent of such amounts shall be
used for the award of grants under section
906(b); and
``(ii) 20 percent of such amounts shall be
used for the award of grants under section
906(c).
``(D) Of amounts provided in this subsection, not
more than 4 percent may be used by the Administrator
and the National Fish and Wildlife Foundation for
direct costs to carry out this chapter.''.
(c) Eligible Uses of the Fund.--Section 905 of such Act (16 U.S.C.
7504) is amended to read as follows:
``SEC. 905. ELIGIBLE USES.
``(a) In General.--Amounts in the Fund may be allocated by the
Administrator and the Foundation for grants under section 906(c) to
support programs and activities intended to protect, conserve, restore,
better understand, and use ocean and coastal resources and coastal
infrastructure, including, if appropriate, scientific research,
resiliency planning, implementation, and monitoring and spatial
planning, data-sharing, and other programs and activities carried out
in coordination with Federal and State departments or agencies,
including the following:
``(1) Ocean, coastal, and Great Lakes restoration and
protection, including efforts to address potential impacts of
sea level change, sedimentation, erosion, changes in ocean
chemistry, hurricanes and other extreme weather, flooding, and
changes in ocean temperature to natural resources, communities,
and coastal economies.
``(2) Restoration, protection, or maintenance of living
ocean, coastal, and Great Lakes resources and their habitats,
including habitats and ecosystems that provide blue carbon
benefits.
``(3) Planning for and managing coastal development to
enhance ecosystem and community integrity, or to minimize
impacts from sea level change, hurricanes and other extreme
weather, flooding, and coastal erosion.
``(4) Projects to address management, planning, or
resiliency and readiness issues which are regional or
interstate in scope, such as regional ocean partnerships or
similar bodies.
``(5) Efforts that contribute to the understanding of
ecological, economic, societal, and national security threats
driven by changes to the oceans, coasts, and Great Lakes.
``(6) Efforts to preserve, protect, and collect data,
including public ocean and coastal data portals, that would
support sustainable water-dependent commercial activities
including commercial fishing, recreational fishing businesses,
aquaculture, boat building, or other coastal-related
businesses.
``(7) Efforts to assist coastal States in repositioning,
relocating or deploying natural or nature-based features to
enhance the resiliency of critical coastal transportation,
emergency response, water, electrical, and other
infrastructure, that are already subject to or face increased
future risks of hurricanes, coastal flooding, coastal erosion,
or sea level change to ensure the economic security, safety,
and ecological well-being of the coasts of the United States.
``(8) Acquiring property or interests in property if--
``(A) the area is located within a coastal county
or adjacent county;
``(B) the funds made available under this subtitle
are used to acquire land or interest in land by
purchase, exchange, or donation from a willing seller;
``(C) the Governor of the State in which the
property or interests in property are acquired approves
of the acquisition; and
``(D) such property or interest is acquired in a
manner that will ensure such property or interest will
be administered to support the purposes of this Act.
``(9) Protection and modification of critical coastal
public infrastructure affected by erosion, hurricanes or other
extreme weather, flooding, or sea level change.
``(10) Assistance for small businesses and communities that
are dependent on coastal tourism as eligible efforts that help
coastal economies minimize impacts from sea level rise and
disasters.
``(11) Projects that use natural and nature-based
approaches for enhancing the resiliency of wastewater and
stormwater infrastructure as eligible critical infrastructure
projects (as compared to just general water infrastructure,
which can also include drinking water systems).
``(12) Technical assistance to help develop comprehensive
resilience and mitigation plans as an eligible funding effort.
``(b) Prohibition on Use of Funds for Litigation.--No funds made
available under this Act may be used to fund litigation against the
Federal Government.''.
(d) Grants.--
(1) Administration.--Section 906(a)(1) of such Act (16
U.S.C. 7505(a)(1)) is amended--
(A) by amending subparagraph (B) to read as
follows:
``(B) Selection procedures and criteria for the
awarding of grants under this section that require
consultation with the Administrator and the Secretary
of the Interior.'';
(B) by amending subparagraph (C)(ii) to read as
follows:
``(ii) under subsection (c) to entities
including States, local governments, regional
and interstate collaboratives, associations,
nonprofit and for-profit private entities,
public-private partnerships, academic
institutions, and Indian Tribes.'';
(C) in subparagraph (F), by striking ``year if
grants have been awarded in that year'' and inserting
``5 years''; and
(D) by adding at the end the following:
``(I) A method to give special consideration in
reviewing proposals to projects with either direct or
indirect coastal or marine blue carbon benefits and an
accounting methodology to quantify these benefits for
the purposes of the annual report required under
section 907.''.
(2) Grants to coastal states.--Section 906(b) of such Act
(16 U.S.C. 7505(b)) is amended to read as follows:
``(b) Grants to Coastal States.--
``(1) In general.--Subject to paragraphs (3) and (4), the
Administrator shall award grants to eligible coastal States
based on the following formula:
``(A) 50 of the funds are allocated equally among
eligible coastal States.
``(B) 25 percent of the funds are allocated on the
basis of the ratio of tidal shoreline miles in a
coastal State to the tidal shoreline miles of all
coastal States.
``(C) 25 percent of the funds are allocated on the
basis of the ratio of population density of the coastal
counties of a coastal State to the average population
density of all coastal counties based on the most
recent data available by the Census Bureau.
``(2) Maximum allocation to states.--Notwithstanding
paragraph (1), not more than 5 percent of the total funds
distributed under this subsection may be allocated to any
single State. Any amount exceeding this limit shall be
redistributed equally among the remaining eligible coastal
States.
``(3) Requirement to submit plans.--
``(A) In general.--To be eligible to receive a
grant under this subsection, an eligible coastal State
shall submit to the Administrator for review and
approval, a 5-year plan, which shall include the
following:
``(i) Criteria to determine eligibility for
entities which may receive grants under this
subsection.
``(ii) A description of the competitive
process the coastal State will use in
allocating funds received from the Fund, except
in the case of allocating funds under paragraph
(6), which shall include--
``(I) a description of the relative
roles of and consistency with the State
coastal zone management program
approved under the Coastal Zone
Management Act of 1972, if the coastal
State has such a plan, and any State
Sea Grant Program, if the State has
such program; and
``(II) a demonstration that such
competitive process is consistent with
the application and review procedures
established by the Administrator and
Foundation under subsection (a)(1).
``(iii) A process to certify that the
project or program and the awarding of a
contract for the expenditure of amounts
received under this paragraph are consistent
with the standard procurement rules and
regulations governing a comparable project or
program in that State, including all applicable
competitive bidding and audit requirements.
``(iv) Procedures to make publicly
available on the internet a list of all
projects supported by the Fund, that includes
at a minimum the grant recipient, grant amount,
project description, and project status.
``(B) Updates.--As a condition of receiving a grant
under this subsection, a coastal State shall submit to
the Administrator, not less frequently than once every
5 years, an update to the plan submitted by the coastal
State under subparagraph (A) for the 5-year period
immediately following the most recent submittal under
this paragraph.
``(4) Opportunity for public comment.--In determining
whether to approve a plan or an update to a plan described
paragraph (3), the Administrator or the Foundation shall
provide the opportunity for, and take into consideration,
public input and comment on the plan.
``(5) Indian tribes.--As a condition on receipt of a grant
under this subsection, a State that receives a grant under this
subsection shall ensure that Indian Tribes in the State are
eligible to participate in the competitive process described in
the State's plan under paragraph (3)(A)(ii).
``(6) Nonparticipation by a state.--In any fiscal year, if
an eligible coastal State does not submit the plan required by
paragraph (3) or declines the funds distributed under this
subsection, the funds allocable to such State or area shall be
allocated to the national grant program under subsection (c).
``(7) Eligible coastal state defined.--In this subsection,
the term `eligible coastal State' has the meaning given the
term `coastal state' in section 304 of the Coastal Zone
Management Act of 1972.''.
(3) National grants for oceans, coasts, and great lakes.--
Section 906(c)(2) of such Act (16 U.S.C. 7505(c)(2)) is
amended--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating clause (iii) as
clause (iv); and
(iii) by inserting after clause (ii) the
following:
``(iii) nongovernmental organizations;
and''; and
(B) by adding at the end the following:
``(C) Cap on state funding.--The amount of a grant
awarded under this subsection shall not count toward
the cap on funding to States through grants awarded
under subsection (b).''.
(e) Annual Report.--Section 907 of the National Oceans and Coastal
Security Act (16 U.S.C. 7506) is amended--
(1) by amending subsection (b)(3) to read as follows:
``(3) a description of the expenditures made from the Fund
for the fiscal year, including the purpose of the expenditures;
and''; and
(2) by adding at the end the following:
``(4) an estimate of blue carbon benefits, in tons of
carbon dioxide-equivalent emissions, expected through grants
awarded to projects that received special consideration under
section 906 due to the blue carbon potential of such
projects.''.
(f) Funding.--Section 908 of such Act (16 U.S.C. 7507) is amended
to read as follows:
``SEC. 908. FUNDING.
``There is appropriated $200,000,000 for each of fiscal years 2021
through 2030 to the Fund, to remain available until expended.''.
SEC. 3. INCREASING FUNDING FOR COASTAL CONSERVATION AND RESILIENCE.
Section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(2)) is amended by adding at the end the following:
``(C) With respect to any lease under this
subsection for the production of wind energy, 30
percent of the revenue from such lease shall be
deposited in the National Oceans and Coastal Security
Fund established by section 904 of the National Oceans
and Coastal Security Act.''.
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