[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3245 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3245
To establish the Interagency Working Group on Coastal Blue Carbon, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2021
Ms. Murkowski (for herself and Mr. Whitehouse) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To establish the Interagency Working Group on Coastal Blue Carbon, 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 ``Blue Carbon for Our Planet Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
Under Secretary's capacity as the Administrator of the National
Oceanic and Atmospheric Administration.
(2) Coastal blue carbon ecosystems.--
(A) In general.--The term ``coastal blue carbon
ecosystems'' means vegetated coastal habitats,
including mangroves, tidal marshes, seagrasses, kelp
forests, and other tidal, freshwater, or salt-water
wetlands, that have the ability to sequester carbon
from the atmosphere, accumulate carbon in biomass for
years to decades, and store carbon in soils for
centuries to millennia.
(B) Inclusions.--The term ``coastal blue carbon
ecosystems'' includes autochthonous carbon and
allochthonous carbon.
(3) Coastal carbon data clearinghouse.--The term ``Coastal
Carbon Data Clearinghouse'' means the Coastal Carbon Data
Clearinghouse operated by the Smithsonian Environmental
Research Center.
(4) Interagency working group.--The term ``Interagency
Working Group'' means the Interagency Working Group on Coastal
Blue Carbon established under section 3(a).
(5) State.--The term ``State'' means each State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands of the United
States, and any other territory or possession of the United
States.
SEC. 3. INTERAGENCY WORKING GROUP ON COASTAL BLUE CARBON.
(a) Establishment.--The Subcommittee on Ocean Science and
Technology of the National Science and Technology Council shall
establish an interagency working group, to be known as the
``Interagency Working Group on Coastal Blue Carbon''.
(b) Membership.--The Interagency Working Group shall be comprised
of senior representatives from--
(1) the National Oceanic and Atmospheric Administration;
(2) the Environmental Protection Agency;
(3) the National Science Foundation;
(4) the National Aeronautics and Space Administration;
(5) the United States Geological Survey;
(6) the United States Fish and Wildlife Service;
(7) the National Park Service;
(8) the Bureau of Indian Affairs;
(9) the Smithsonian Institution;
(10) the Army Corps of Engineers;
(11) the Department of Agriculture;
(12) the Department of Energy;
(13) the Department of Defense;
(14) the Department of State;
(15) the Department of Transportation;
(16) the Federal Emergency Management Agency; and
(17) the Council on Environmental Quality.
(c) Chairperson.--The Interagency Working Group shall be chaired by
the Administrator.
(d) Responsibilities.--The Interagency Working Group shall--
(1) oversee the development, updates, and maintenance of a
national map and inventory of coastal blue carbon ecosystems,
including habitat types, with a regional focus in analysis that
is usable for local-level conservation, planning, and
restoration;
(2) develop a strategic assessment of the biophysical,
chemical, social, statutory, regulatory, and economic
impediments to conservation and restoration of coastal blue
carbon ecosystems, including the vulnerability of coastal blue
carbon ecosystems to climate impacts, such as sea-level rise
and ocean and coastal acidification, and other environmental
and human stressors;
(3) develop a national strategy for foundational science
necessary to study, synthesize, and evaluate the effects of
climate change and environmental and human stressors on
sequestration rates and capabilities of coastal blue carbon
ecosystems conservation, with input from the National Academies
of Sciences, Engineering, and Medicine;
(4) establish national conservation and restoration
priorities for coastal blue carbon ecosystems, including an
assessment of Federal funding being used for conservation and
restoration efforts;
(5) ensure the continuity, use, and interoperability of
data assets, including data assets available through the
Coastal Carbon Data Clearinghouse; and
(6) assess legal authorities in effect as of the date of
the enactment of this Act to conserve and restore coastal blue
carbon ecosystems.
(e) Submissions to Congress.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Interagency Working Group shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Science, Space,
and Technology of the House of Representatives, and the
Committee on Natural Resources of the House of Representatives
a report containing the following:
(A) A summary of federally funded research,
monitoring, conservation, and restoration activities
relating to coastal blue carbon ecosystems, including--
(i) the budget for each such activity; and
(ii) a description of the progress made by
each such activity in advancing the national
priorities identified under section 5(a)(3)(A).
(B) An assessment of biophysical, chemical, social,
statutory, regulatory, and economic impediments to
conservation and restoration of coastal blue carbon
ecosystems, including the vulnerability of coastal blue
carbon ecosystems to climate impacts, such as sea-level
rise and ocean and coastal acidification, and other
environmental and human stressors.
(2) Strategic plan.--
(A) In general.--The Interagency Working Group
shall create a strategic plan for Federal investments
in basic research, development, demonstration, long-
term monitoring and stewardship, and deployment of
coastal blue carbon ecosystem projects for the 5-year
period beginning on the date on which the first fiscal
year after the date on which the report is submitted
under paragraph (1) begins.
(B) Elements.--The plan required by subparagraph
(A) shall--
(i) include an assessment of the use of
Federal programs existing as of the date of the
enactment of this Act to conserve and restore
coastal blue carbon ecosystems; and
(ii) identify any additional authorities or
programs that may be needed to conserve and
restore such ecosystems.
(C) Timing.--The Interagency Working Group shall--
(i) on a date that is not later than 1 year
after the date of the enactment of this Act and
not earlier than the date on which the report
required by paragraph (1) is submitted, submit
to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on
Science, Space, and Technology of the House of
Representatives, and the Committee on Natural
Resources of the House of Representatives the
strategic plan required by subparagraph (A);
and
(ii) submit a revised version of such plan
not less frequently than once every 5 years
thereafter.
(D) Publication and public comment.--Not later than
90 days before the date on which the strategic plan or
any revised version of such plan is submitted under
subparagraph (C), the Interagency Working Group shall--
(i) publish such plan in the Federal
Register; and
(ii) provide an opportunity for submission
of public comments for a period of not less
than 60 days.
SEC. 4. NATIONAL MAP AND INVENTORY OF COASTAL BLUE CARBON ECOSYSTEMS.
(a) In General.--The Interagency Working Group shall produce,
update, and maintain a national-level map and inventory of coastal blue
carbon ecosystems, including--
(1) the types of habitats and species in such ecosystems;
(2) the condition of such habitats, including whether a
habitat is degraded, drained, eutrophic, or tidally restricted;
(3) the type of public or private ownership and any
protected status of such ecosystems;
(4) the size of such ecosystems;
(5) the salinity boundaries of such ecosystems;
(6) the tidal boundaries of such ecosystems;
(7) an assessment of carbon sequestration potential,
methane production, and net greenhouse gas reductions with
respect to such ecosystems, including consideration of--
(A) quantification;
(B) verifiability;
(C) comparison to a historical baseline as
available; and
(D) permanence of those benefits;
(8) an assessment of co-benefits of ecosystem and carbon
sequestration;
(9) the potential for landward migration as a result of sea
level rise;
(10) any upstream restrictions detrimental to the watershed
process and conditions such as dams, dikes, levees, and other
water management practices;
(11) the conversion of such ecosystems to other land uses
and the cause of such conversion; and
(12) a depiction of the effects of climate change,
including sea level rise, environmental stressors, and human
stressors on the sequestration rate, carbon storage, and
potential of such ecosystems.
(b) Data Incorporation; Engagement.--In carrying out subsection
(a), the Administrator shall--
(1) incorporate, to the extent practicable, existing data,
as determined on the date of the enactment of this Act,
collected through federally funded research by a Federal
agency, State agency, Tribe, or local agency and peer-reviewed
published works, including data collected from--
(A) the Coastal Change Analysis Program of the
National Oceanic and Atmospheric Administration;
(B) the National Wetlands Inventory of the United
States Fish and Wildlife Service;
(C) the LandCarbon program of the United States
Geological Survey;
(D) the LiDAR information coordination and
knowledge program of the Federal Emergency Management
Agency;
(E) the Biological and Environmental Research
Program of the Department of Energy; and
(F) the National Coastal Blue Carbon Assessment of
the Department of Agriculture; and
(2) engage regional experts, State agencies, Tribes, and
additional data and information resources in order to
accurately account for regional differences in coastal blue
carbon ecosystems.
(c) Use of Map and Inventory.--The Interagency Working Group shall
use the national map and inventory produced under subsection (a)--
(1) to assess the carbon sequestration potential of
different coastal blue carbon ecosystems and account for any
regional differences;
(2) to assess and quantify emissions from degraded and
destroyed coastal blue carbon ecosystems;
(3) to develop regional assessments in partnership with, or
to provide technical assistance to--
(A) regional, State, Tribal, and local government
agencies; and
(B) regional information coordination entities (as
defined in section 12303(6) of the Integrated Coastal
and Ocean Observation System Act of 2009 (33 U.S.C.
3602));
(4) to assess degraded coastal blue carbon ecosystems and
the potential for restoration of such ecosystems, including
developing scenario modeling to identify vulnerable land areas
and living shorelines where management, conservation, and
restoration efforts should be focused;
(5) to produce predictions relating to coastal blue carbon
ecosystems and carbon sequestration rates in the context of
climate change, environmental stressors, and human stressors;
and
(6) to inform the creation by the Administrator of the
Environmental Protection Agency of the annual Inventory of U.S.
Greenhouse Gas Emissions and Sinks.
SEC. 5. RESTORATION AND CONSERVATION OF EXISTING COASTAL BLUE CARBON
ECOSYSTEMS.
(a) In General.--The Administrator shall--
(1) lead the Interagency Working Group in implementing the
strategic plan under section 3(e)(2);
(2) coordinate monitoring and research efforts among
Federal agencies in cooperation with State, Tribal, and local
governments, academic institutions, international partners, and
nongovernmental organizations;
(3) in coordination with the Interagency Working Group, and
as informed by the report under section 3(e)(1), identify--
(A) national conservation and restoration
priorities for coastal blue carbon ecosystems that
would produce the highest rate of carbon sequestration
and greatest ecosystem benefits, such as flood
protection, soil and beach retention, erosion
reduction, biodiversity, water purification, and
nutrient cycling, in the context of other environmental
stressors and climate change; and
(B) ways to improve coordination and to prevent
unnecessary duplication of effort among Federal
agencies and departments with respect to research on
coastal blue carbon ecosystems through existing and new
coastal management networks; and
(4) in coordination with State, Tribal, and local
governments and coastal stakeholders, develop integrated pilot
programs to restore degraded coastal blue carbon ecosystems in
accordance with subsection (b).
(b) Integrated Federal Pilot Programs To Restore Degraded Coastal
Blue Carbon Ecosystems.--
(1) In general.--In carrying out subsection (a)(4), the
Administrator shall establish 1 or more integrated Federal
pilot programs that--
(A) further develop--
(i) best management practices, including
design criteria and performance functions for
restoration of coastal blue carbon ecosystems;
(ii) nature-based adaptation strategies;
(iii) restoration areas that intersect with
built environments as green-gray infrastructure
projects;
(iv) management practices for landward
progression, migration, or loss of coastal blue
carbon ecosystems;
(v) best management practices to account
for latitudinal biogeographic factors; and
(vi) best management practices for
restoration of--
(I) hypersaline coastal ecosystems;
and
(II) estuarine ecosystems; and
(B) identify potential barriers to restoration
management efforts.
(2) Locations.--The Administrator shall ensure that pilot
programs under paragraph (1) cover geographically,
socioeconomically, and ecologically diverse locations with--
(A) significant ecological, economic, and social
benefits, such as flood protection, soil and beach
retention, erosion reduction, biodiversity, water
purification, and nutrient cycling to reduce hypoxic
conditions; and
(B) maximum potential for greenhouse gas emission
reduction, taking into account--
(i) quantification;
(ii) verifiability;
(iii) additionality, as compared to an
appropriate historical baseline determined by
the Interagency Working Group; and
(iv) permanence of those benefits.
(3) Application review.--The Administrator shall--
(A) establish a procedure for reviewing
applications for pilot programs under paragraph (1);
(B) encourage applications from minority serving
institutions; and
(C) consider proposals from institutions that may
not have adequate resources.
(4) Communication.--The Administrator shall ensure, through
consultation with the Interagency Working Group, that the goals
and metrics for pilot programs under paragraph (1) are
communicated to the appropriate State, local, and Tribal
governments, coastal stakeholders, non-Federal resource
managers, academia, and the general public.
(5) Coordination.--The Administrator shall coordinate
with--
(A) relevant Federal agencies and departments
specified under section 3(b) to prevent unnecessary
duplication of effort among such agencies and
departments with respect to restoration programs; and
(B) relevant State, Tribal, and local government
entities.
(6) Priority.--In carrying out pilot programs under
paragraph (1), the Administrator shall give priority to
proposed eligible restoration activities that would--
(A) result in long-term sequestration of carbon
stored in coastal and marine environments;
(B) conserve key habitats for fish, wildlife, and
the maintenance of biodiversity;
(C) provide coastal protection from storms,
flooding, and land-based pollution;
(D) restore optimal salinities and chlorophyll
levels in estuarine and coastal environments or lead to
other improvements to water quality; and
(E) conserve coastal resources of national,
historical, and cultural significance.
(7) Non-federal cost share.--The Administrator may accept,
but shall not give priority to, offers to share the cost of a
project under a pilot program under paragraph (1) from State,
Tribal, local, and nongovernmental applicants.
(8) Requirement.--Any project performed under a pilot
program under paragraph (1) shall be conducted within the
territorial boundaries of the United States.
SEC. 6. COASTAL CARBON DATA CLEARINGHOUSE.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the Smithsonian Institution.
(b) In General.--The Secretary, in coordination with the
Administrator and members of the Interagency Working Group, shall
provide for the long-term stewardship of, and access to, data relating
to coastal blue carbon ecosystems and national mapping, by supporting
the maintenance of the Coastal Carbon Data Clearinghouse.
(c) Coastal Carbon Data Clearinghouse Duties.--The Secretary, in
coordination with the Administrator and members of the Interagency
Working Group, shall, through the Coastal Carbon Data Clearinghouse,
process, store, archive, provide access to, and incorporate (to the
extent practicable) all data relating to coastal carbon collected
through federally funded research by a Federal agency, State, Tribe, or
local agency, an academic institution, or another relevant entity.
(d) Global and National Data Assets.--The Secretary, in
coordination with the Administrator and members of the Interagency
Working Group, shall ensure that existing global and national data
assets, as determined on the date of the enactment of this Act, are
incorporated into the Coastal Carbon Data Clearinghouse, to the
greatest extent practicable.
(e) Establishment of Standards, Protocols, and Procedure.--The
Secretary, in coordination with the Administrator and members of the
Interagency Working Group, shall establish--
(1) standards, protocols, and procedures for the
processing, storing, and archiving of, and providing access to,
data in the Coastal Carbon Data Clearinghouse; and
(2) best practices for sharing such data with State, local,
and Tribal governments, coastal stakeholders, non-Federal
resource managers, and academia.
(f) Dissemination; Digital Tools and Resources.--
(1) Dissemination.--The Administrator shall work to
disseminate the data available through the Coastal Carbon Data
Clearinghouse to the greatest extent practicable.
(2) Digital tools and resources.--The Secretary, in
coordination with the Administrator and members of the
Interagency Working Group, shall develop digital tools and
resources to support the public use of the Coastal Carbon Data
Clearinghouse.
SEC. 7. NATIONAL ACADEMY OF SCIENCES ASSESSMENTS OF CARBON DIOXIDE
STORAGE IN DEEP SEAFLOOR ENVIRONMENTS AND OF COASTAL
CARBON MARKETS.
Not later than 90 days after the date of the enactment of this Act,
the Administrator shall seek to enter into an agreement with the
National Academy of Sciences to conduct--
(1) a comprehensive assessment of--
(A) the long-term effects of containment of carbon
dioxide in a deep seafloor environment on marine
ecosystems;
(B) the socioeconomic effects of such containment
on existing ocean users and communities; and
(C) the integrity of existing storage technologies,
as determined on the date of the enactment of this Act;
(2) a comprehensive assessment of pathways, methods, and
technologies able to directly remove carbon dioxide from the
oceans by the removal of dissolved carbon dioxide from seawater
through engineered or inorganic processes, including filters,
membranes, phase change systems, or other technological
pathways; and
(3) a comprehensive assessment of the viability of using
coastal macroalgae cultivation and sustainable coastal wetlands
management and restoration for carbon sequestration, which
shall consider--
(A) environmental and socioeconomic effects on
coastal communities;
(B) durability and cost per ton of carbon dioxide
sequestered using coastal macroalgae cultivation and
sustainable coastal wetlands management in a variety of
regions of the United States, including Alaska, the
Gulf Coast, the Mid-Atlantic, and the Pacific
Northwest;
(C) research, data, resource management,
monitoring, reporting, lifecycle assessment, and
verification improvements necessary to develop a carbon
market around coastal macroalgae cultivation and
sustainable coastal wetlands management or restoration;
and
(D) relevant successes and failures of carbon
markets in agriculture, forestry, and wetlands and how
such successes and failures might apply to a future
coastal carbon market.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as providing new authority--
(1) to expand Federal land acquisition in pursuit of the
goal described in section 216 of Executive Order (86 Fed. Reg.
7627; relating to tackling the climate crisis at home and
abroad); or
(2) to conserve or protect Federal lands or waters without
prior written approval from the Governor of an affected State.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator to
carry out this Act $15,000,000 for each of fiscal years 2022 through
2026.
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