[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3906 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3906
To establish a Blue Carbon program to conserve and restore marine and
coastal blue carbon ecosystems, and other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2021
Mr. Huffman (for himself, Mr. Cleaver, Mr. Grijalva, Ms. Bonamici, Ms.
Matsui, Mr. Cohen, Mr. McGovern, Ms. Norton, and Mr. Case) 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 establish a Blue Carbon program to conserve and restore marine and
coastal blue carbon ecosystems, and 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 ``Blue Carbon Protection Act''.
SEC. 2. BLUE CARBON PROGRAM.
(a) Establishment.--The Administrator shall establish and maintain
a Blue Carbon Program within the National Oceanic and Atmospheric
Administration for the purposes of furthering conservation objectives
for fish and wildlife habitat conservation and restoration and coastal
resilience including the development of ways to incorporate ecosystem
services from carbon storage into existing domestic and international
policies, programs, and activities.
(b) Additional Authority.--In conducting the Program, the
Administrator may enter into and perform such contracts, leases,
grants, or cooperative agreements as may be necessary to carry out the
purposes of this subtitle on such terms as Administrator considers
appropriate.
(c) Activities.--The Administrator shall conduct the following
activities:
(1) Collaborate with Federal agencies, State agencies,
Tribes, and non-governmental organizations on research,
restoration, and protection efforts relating to blue carbon
ecosystems.
(2) Develop a database of blue carbon stocks and fluxes in
the United States.
(3) Assist in exploration of the potential for a market for
carbon credits and other financial instruments for protection
and restoration initiatives, including research, development of
protocols, and evaluation of protocols and the efficacy of blue
carbon markets as a tool for protecting ecosystems.
(4) Raise awareness of blue carbon ecosystems as a tool to
further conservation objectives through education and extension
activities.
(5) Use existing models or develop new models to assess
blue carbon storage potential that include quantification,
verifiability, additionality as compared to a historical
baseline, and permanence of those benefits.
(6) Quantify current total and net ecosystem carbon storage
and sequestration in coastal and marine areas.
(7) Project future total and net ecosystem carbon storage
and sequestration under different scenarios influenced by human
population growth, sea level rise, and other system-wide
changes.
(8) Protect and restore habitats, waters, and organisms
that are long-term carbon sinks or will be subject to habitat
change as a result of climate change and development.
(9) Quantify co-benefits of blue carbon ecosystems,
including flood risk reduction, habitat protection and
restoration for endangered and threatened species, habitat
protection and restoration for commercial and recreational
fisheries, water quality improvements, habitat maintenance and
restoration, cycling of nutrients other than carbon, commercial
and recreational fishing and boating benefits.
(10) Assess regional and national ecosystem and
socioeconomic impacts of carbon sequestration and storage.
(11) Research variability, long-term storage, and
innovative techniques for effective, long-term, natural ocean
or coastal ecosystem-based carbon sequestration.
(12) Identify areas of particularly high rates of carbon
sequestration and storage.
(13) Assess legal issues of landownership and leases in
blue carbon markets, and develop guidelines to help landowners
navigate the requirements of such markets.
SEC. 3. BLUE CARBON PARTNERSHIP GRANT PROGRAM.
(a) Establishment.--The Administrator shall establish a competitive
grant program entitled the ``Blue Carbon Partnership Grant Program''
to, beginning not later than 2 years after the date of enactment of
this Act, provide funds to eligible entities for projects that protect
and restore blue carbon stocks, oceanic blue carbon, and blue carbon
ecosystems and increase the long-term carbon storage and sequestration.
(b) Eligible Recipients.--A person or entity is eligible to receive
a grant under the grant program if such person is--
(1) a voluntary private landowner or group of landowners;
(2) a State agency responsible for managing natural
resources or wildlife;
(3) an Indian Tribe;
(4) a unit of local government;
(5) a nonprofit organization or land trust;
(6) an institution of higher education and research; or
(7) any group of entities described in paragraphs (1)
through (6).
(c) Requirements.--In administering the grant program under this
section, the Secretary shall develop criteria for the selection of
recipients, guidelines for use of grant funds and any contracts
relating to the use of such funds, reporting requirements for
recipients, and metrics for evaluating the effectiveness of the use of
grant funds.
(d) Selection Criteria.--In evaluating applications for the program
from eligible entities, the Administrator shall give priority to
proposed eligible protection and restoration activities that--
(1) would result in long-term protection and sequestration
of carbon stored in coastal and marine environments; and
(2)(A) would protect key habitats for fish, wildlife, and
the maintenance of biodiversity;
(B) would provide coastal protection from development,
storms, flooding, and land-based pollution;
(C) would protect coastal resources of national,
historical, and cultural significance;
(D) would benefit communities of color, low-income
communities, Tribal or Indigenous communities, or rural
communities; or
(E) would capitalize on existing established public/private
partnerships.
(e) Report to Congress.--
(1) Report required.--The Administrator shall submit
annually to Congress a report containing a State-by-State
analysis of--
(A) the total number of acres of land or water
protected or restored through fee title acquisition,
easement, restoration or other activities under the
program;
(B) the status of restoration projects under this
program; and
(C) the amount of blue carbon captured or protected
over a 100-year time period as a result of this
program.
(2) Publication of report.--The Administrator shall make
available to the public each report required by paragraph (1).
(f) Acreage Requirements.--To the maximum extent practicable, the
Secretary of Commerce shall award grants under the grant program to
conduct blue carbon ecosystem protection and restoration on 1,500,000
acres over 10 years.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $300,000,000 for each of the fiscal
years 2022 to 2026 to carry out this section.
SEC. 4. BLUE CARBON AREAS OF SIGNIFICANCE.
(a) Designation.--The Administrator, consistent with this section,
shall designate as a blue carbon area of significance any area that
is--
(1) in the coastal zone (as such term is defined in section
304 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1453)), in territorial waters of the United States, or in the
exclusive economic zone;
(2) the location of water, a substrate, or an ecosystem
that--
(A) provides for long-term storage and
sequestration of significant amounts of ecosystem
carbon; and
(B)(i) limits erosion and facilitates future
landward migration;
(ii) provides a buffer against storm surge,
especially for communities of color, low-income
communities, and Tribal and Indigenous communities; or
(iii) provides a spawning, breeding, feeding, or
nesting habitat for wildlife; and
(3) not exclusive of coastal or other resources that are
significant in for mitigating or adapting to climate change.
(b) Guidelines.--The Administrator shall, not later than 1 year
after the date of enactment of this Act, establish by regulation
guidelines based on the best available science to describe and identify
blue carbon areas of significance and measures to ensure the protection
of blue carbon areas of significance.
(c) Review and Update.--The Administrator shall review and update
guidelines established under subsection (b) not less frequently than
once every 5 years or when new information warrants such an update.
(d) Schedule.--The Administrator shall establish a schedule for the
identification of blue carbon areas of significance under subsection
(b) and for reviews and updates under subsection (c), and shall make
initial designations of a blue carbon area of significance in each
coastal State not later than 1 year after the date of enactment of this
Act.
(e) Recommendations and Information.--The Administrator shall, with
respect to each coastal carbon area of significance, provide
recommendations and information regarding the adverse impacts and
threats to the carbon storage, ecosystem services, and habitat capacity
of the area, and the actions that should be considered to avoid adverse
impacts and ensure the conservation and enhancement of that area.
(f) Programs Administered by the Secretary of Commerce.--The
Administrator shall use programs administered by the Secretary of
Commerce to carry out this section and ensure the conservation and
enhancement of each blue carbon area of significance.
(g) Requirements for Federal Actions.--With respect to any proposed
agency action that has the potential to cause an adverse impact on the
carbon storage, carbon sequestration, ecosystem services, or habitat
capacity of any blue carbon area of significance, each Federal agency
shall comply with the following requirements:
(1) Notification.--Such Federal agency shall notify the
Administrator of such proposed agency action.
(2) Determination of adverse impact.--The Administrator, in
consultation with the proposing agency and subject to public
comment, shall determine whether the proposed agency action
will cause an adverse impact on the carbon storage, carbon
sequestration, ecosystem, or habitat of a blue carbon area of
significance.
(3) Alternative.--With respect to any proposed action the
Administrator determines will have an adverse impact under
paragraph (2), the proposing agency, in consultation with the
Administrator, shall determine whether there is an alternative
action that would prevent such adverse impact and fulfill the
purpose of the proposed action. The proposing agency shall not
take an action that would cause an adverse impact if an
alternative that would not cause such adverse impact is
available and would fulfill the purpose of such action.
(4) Carbon storage offsets.--With respect to a proposed
action for which the agency determines no alternative is
available under paragraph (3), the proposing agency shall--
(A) in consultation with the Administrator, take
measures to mitigate such adverse impact;
(B) take such action as the Administrator
determines necessary to create a coastal or marine blue
carbon ecosystem storage offset that, taken in
conjunction with the proposed action, results in a long
term net increase in carbon storage, lasting an
equivalent time period as the carbon storage lost by
the adverse impact;
(C) demonstrate quantitatively, using the best
available science, that the carbon storage offset will
result in a net increase in ecological carbon storage
and is located in close proximity to the original site
to keep the affected communities whole;
(D) maintain such carbon storage offset for a
period of time to be determined by the Administrator
but not less than 100 years; and
(E) publish the agency's proposed course of
mitigation in the Federal Register for public notice
and comment.
(h) Requirement for Authorization or Appropriation.--Any requests
for a new authorization or appropriation from a Federal agency
transmitted to the Office of Management and Budget shall include, if
such authorization or appropriation may affect a coastal carbon area of
significance, a certification that such agency will use such
authorization or appropriation in compliance with this section.
(i) Required Restrictions.--A Federal agency may not enter into a
lease, easement, right-of-way, or sale of any land designated as a blue
carbon area of significance unless such agency attaches appropriate
restrictions to the use of the property to protect the blue carbon area
of significance.
(j) Exception.--Preparation, revision, implementation, or
enforcement of a fishery management plan under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) that
applies to area that is subject to a prohibition on all bottom-tending
fishing gear shall not be treated as an action that is subject to
subsection (g).
(k) Rules of Construction.--Nothing in this Act shall be construed
to affect the application of the requirements of section 404 of the
Clean Water Act (33 U.S.C. 1344), the National Environmental Policy
Act, or any regulations issued under any such section or such Act.
SEC. 5. FEDERAL COASTAL AND MARINE BLUE CARBON RESTORATION AND
PROTECTIONS; FUNDING.
(a) In General.--The Secretary of the Interior shall conduct
coastal and marine restoration and protection activities on land and
water managed by the Director of the United States Fish and Wildlife
Service or the Director of the National Park Service; and the
Administrator shall conduct coastal and marine restoration and
protection activities on land and water managed by the Administrator to
achieve at least 1 of the following:
(1) The sequestration of additional carbon dioxide
through--
(A) the active restoration of degraded blue carbon
ecosystems; and
(B) the protection of threatened blue carbon
ecosystems.
(2) The halting of ongoing carbon dioxide emissions, and
the resumption of the natural rate of carbon capture, through
the restoration of drained coastal wetlands.
(3) The halting of ongoing methane emissions, and the
resumption of the natural rate of carbon storage, through the
restoration of formerly tidal wetland that has lost tidal
connectivity and become fresh wetland (commonly known as
``impounded wetland'').
(b) Funding.--For each fiscal year 2022 through 2026, there is
authorized to be appropriated--
(1) for blue carbon ecosystem protection and restoration on
land managed by the Director of the United States Fish and
Wildlife Service $200,000,000;
(2) for blue carbon ecosystem protection and restoration on
land managed by the Director of the National Park Service
$200,000,000; and
(3) for blue carbon ecosystem protection and restoration on
land and water managed by the Administrator $200,000,000.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator
$16,000,000 for each of the fiscal years 2022 to 2026 to carry out this
Act.
SEC. 7. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Secretary of
Commerce acting through the Administrator of the National
Oceanic and Atmospheric Administration;
(2) the term ``blue carbon area of significance'' means any
area designated by the Administrator under section 4 as a blue
carbon area of significance;
(3) the term ``blue carbon ecosystem'' means vegetated
coastal habitats including mangroves, tidal marshes,
seagrasses, kelp forests, and other tidal or salt-water
wetlands that have the capacity to sequester carbon from the
atmosphere for a period of not less than 100 years;
(4) the term ``blue carbon stocks'' means coastal and
marine vegetation and underlying sediment that has the capacity
to sequester and store atmospheric carbon;
(5) the term ``carbon sequestration'' means the process of
capturing and storing atmospheric carbon dioxide;
(6) the term ``carbon storage'' means sequestered carbon
that remains out of the atmosphere, stored either in biogenic
material or sediments; and
(7) the term ``marine blue carbon'' means the sequestration
of carbon in pelagic and deep sea ecosystems, including in
sediments and through the ecosystem impacts of marine wildlife.
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