[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2633 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2633
To require the Administrator of the National Oceanic and Atmospheric
Administration to award grants to certain entities for purposes of
carrying out climate-resilient living shoreline projects that protect
coastal communities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 2021
Mr. Murphy (for himself, Mr. Blumenthal, and Mr. Padilla) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Administrator of the National Oceanic and Atmospheric
Administration to award grants to certain entities for purposes of
carrying out climate-resilient living shoreline projects that protect
coastal communities, 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. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Nature-based infrastructure.--The term ``nature-based
infrastructure'' means a feature that is created by human
design, engineering, and construction to provide risk reduction
in coastal areas by acting in conjunction with natural
processes.
(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. 2. LIVING SHORELINE GRANT PROGRAM.
(a) Establishment.--The Administrator shall award 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) Eligible Entities.--For purposes of this section, an eligible
entity is any of the following:
(1) A unit of a State or local government.
(2) 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.
(3) An Indian Tribe.
(c) Living Shoreline Projects.--
(1) In general.--For purposes of this section, a living
shoreline project is a coastal natural infrastructure project
that--
(A) restores or stabilizes a shoreline using
predominately natural materials to create buffers to
attenuate the impact of coastal storms, currents,
flooding, and wave energy and to prevent or minimize
shoreline erosion while providing a net ecological and
climate benefit to ecosystems and habitats;
(B) to the extent possible, maintains or restores
existing natural slopes and connections between uplands
and adjacent wetlands or surface waters;
(C) as necessary, can retrofit hardened structures
or surfaces to create blended projects that combine
living shoreline elements with hardened techniques; and
(D) meets such minimum standards as the
Administrator shall develop.
(2) Minimum standards.--
(A) In general.--In developing minimum standards
applicable to living shoreline projects under paragraph
(1)(D), the Administrator shall take into account--
(i) the considerations described in
subsection (e)(2); and
(ii) the need for the standards to be
general enough to accommodate concerns related
to specific project sites.
(B) Consultation; input.--In developing minimum
standards applicable to living shoreline projects under
(1)(D), the Administrator may--
(i) consult with--
(I) State coastal management
agencies;
(II) Indian Tribes and Tribal
organizations; and
(III) relevant interagency
councils, such as the Estuary Habitat
Restoration Council; and
(ii) seek input from relevant
nongovernmental organizations.
(d) Project Proposals.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the Administrator a
proposal for a living shoreline project that includes--
(1) monitoring, data collection, and measurable performance
criteria with respect to the project; and
(2) an engagement or education component that seeks and
solicits feedback from the local or regional community most
directly affected by the proposal.
(e) Selection.--
(1) In general.--The Administrator shall select eligible
entities to receive grants under this section to carry out
living shoreline projects based on criteria developed by the
Administrator.
(2) Considerations.--In developing criteria under paragraph
(1), the Administrator shall take into account--
(A) the potential of the project proposed by the
eligible entity 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 net ecological benefits of the project,
including the potential of the project to contribute to
carbon sequestration and storage;
(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;
(vi) protecting important cultural sites or
values;
(vii) protecting low-income communities,
communities of color, Tribal communities,
Indigenous communities, and rural communities;
(viii) sustaining, protecting, or restoring
the functions and habitats of marine protected
areas; or
(ix) such other forms of protection as the
Administrator considers appropriate; and
(E) the potential of the project to support climate
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).
(f) 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 the standards developed by the Administration under
subsection (c)(1)(D); or
(3) to incentivize landowners to engage in living shoreline
projects.
(g) Monitoring and Reporting.--
(1) In general.--The Administrator shall require each
eligible entity that receives a grant under this section to
carry out a living shoreline project (or a representative of
the entity)--
(A) to monitor the project and to collect data on--
(i) the ecological, climate, and economic
benefits of the project; and
(ii) the protection provided by the project
for the coastal community where the project is
carried out;
(B) to transmit to the Administrator data collected
under the project;
(C) to make data collected under the project
available on a publicly accessible internet website of
the National Oceanic and Atmospheric Administration;
and
(D) upon the completion of the project, to submit
to the Administrator a report on--
(i) the monitoring and data collection
activities carried out under subparagraph (A);
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.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $50,000,000 for each of fiscal years
2022 through 2026 for purposes of carrying out this section.
SEC. 3. LIVING SHORELINE AND NATURE-BASED INFRASTRUCTURE RESEARCH
PROGRAM.
(a) Establishment.--The Administrator shall award, on a competitive
basis, research grants to eligible entities to carry out projects
focused on developing and assessing the effectiveness of innovative
approaches to nature-based infrastructure for the purposes of--
(1) preparing more climate-resilient, sustainable cities
and climate-resilient communities;
(2) reducing the costs associated with climate-related
disasters, the degradation of built infrastructure, and human
relocation; and
(3) accomplishing improved climate resilience while
maintaining ecosystem functions and habitats to the greatest
extent possible.
(b) Eligible Entities.--For purposes of this section, an eligible
entity is any of the following:
(1) An institution of higher education.
(2) A nonprofit organization.
(3) A State, local, or Tribal government.
(4) A for-profit organization.
(5) A United States territory.
(6) A Federal agency that is authorized by statute to
receive transfers of funds.
(c) Research Priorities.--The Administrator shall award grants to
eligible entities for projects that focus on one or more of the
following:
(1) Assessing the effectiveness of installed nature-based
infrastructure in addressing, as applicable, coastal
resilience, shoreline erosion, storm damage, including
windstorms, inland flooding, water quality, impact on local
ecosystems, and such other criteria as the Administrator
determines appropriate.
(2) Novel approaches to nature-based infrastructure and
living shorelines aimed at optimizing resilience to climate
change, extreme weather, and ecosystem sustainability.
(3) Interdisciplinary research, including engineering,
environmental and ecosystem sciences, biology, and social
science.
(4) Regional, community, and industry partnerships to
create locally informed solutions.
(d) Reports for Informing Grant Selection.--
(1) Report required.--An eligible entity that receives a
grant for a project under this section shall, not later than
the date on which such project concludes, submit to the
Administrator a report summarizing the findings of the project.
(2) Use of reports.--The Administrator shall use each
report submitted under paragraph (1) to inform the selection
and prioritization of living shoreline projects under section 2
and other nature-based infrastructure projects.
(e) Use of Programs.--In carrying out this section, the
Administrator is encouraged to use--
(1) the National Oceanographic Partnership Program
established under section 8931 of title 10, United States Code,
as a means for collaboration and coordination to leverage
partnerships between public institutions of higher education
and Federal agencies;
(2) the Coastlines and People initiative of the National
Science Foundation as a tool to use ongoing interdisciplinary
research;
(3) the National Sea Grant College Program maintained under
the National Sea Grant College Program Act (33 U.S.C. 1121 et
seq.) as a resource to help foster collaboration between public
institutions of higher education and Federal agencies; and
(4) the Community Resilience Center of Excellence of the
National Institute of Standards and Technology.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $5,000,000 for each of fiscal years
2022 through 2026 for purposes of carrying out this section.
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