I 

118TH CONGRESS 

2D SESSION H. R. 10491 

To require the Administrator of the National Oceanic and Atmospheric Administration to establish a Blue Carbon Program to conserve and restore 

blue carbon ecosystems, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2024 

Mr. HUFFMAN (for himself, Ms. BONAMICI, Ms. NORTON, Ms. PINGREE, and 

Ms. MATSUI) 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 require the Administrator of the National Oceanic and 

Atmospheric Administration to establish a Blue Carbon 

Program to conserve and restore blue carbon ecosystems, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Blue Carbon Protec5 tion Act’’. 


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1 SEC. 2. BLUE CARBON PROGRAM. 

2 (a) ESTABLISHMENT.—The Administrator shall es3 tablish and maintain a Blue Carbon Program for the pur4 poses of conserving and restoring fish and wildlife habitat 

5 and improving coastal resilience, including developing 

6 ways to incorporate ecosystem services from coastal and 

7 marine carbon storage into domestic and international 

8 policies, programs, and activities. 

9 (b) ACTIVITIES.—In carrying out the Program, the 

10 Administrator shall carry out the following activities: 

11 (1) Collaborate with Federal agencies, State 

12 agencies, Indian Tribes, and non-governmental orga13 nizations with regard to research, restoration, and 

14 protection efforts relating to blue carbon ecosystems. 

15 (2) Develop a database of blue carbon stocks, 

16 inputs, and storage potential trends in the United 

17 States. 

18 (3) Explore the feasibility of using market19 based financing mechanisms, such as a blue carbon 

20 credit market, as tools to support protection and res21 toration initiatives for blue carbon ecosystems, in22 cluding research on types of such mechanism, devel23 opment of protocols, and the efficacy of each such 

24 mechanism as a tool for protecting blue carbon eco25 systems. 


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1 (4) Raise awareness of blue carbon ecosystems 

2 as a tool to further conservation objectives through 

3 education and extension activities. 

4 (5) Use existing models or develop new models 

5 to assess the blue carbon storage potential of eco6 systems, including best practices for quantification, 

7 verification, storage trends, and storage permanence. 

8 (6) Quantify current total and net carbon se9 questration and carbon storage in coastal and ma10 rine areas. 

11 (7) Project future total and net blue carbon 

12 storage and sequestration under different scenarios 

13 influenced by human population growth, sea level 

14 rise, and other system-wide changes. 

15 (8) Protect and restore habitats, waters, and 

16 organisms that are long-term carbon sinks and will 

17 be subject to habitat change as a result of climate 

18 change and development. 

19 (9) Quantify co-benefits of protecting and re20 storing blue carbon ecosystems, including— 

21 (A) flood risk reduction; 

22 (B) habitat for and benefit to— 

23 (i) endangered and threatened species; 

24 and 


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1 (ii) commercial and recreational fish2 eries; 

3 (C) improved water quality; 

4 (D) cycling of nutrients other than carbon; 

5 and 

6 (E) any other economic or societal benefit 

7 the Administrator determines appropriate. 

8 (10) Assess regional and national environmental 

9 and socioeconomic impacts of blue carbon sequestra10 tion and storage. 

11 (11) Research innovative techniques for effec12 tive, long-term natural blue carbon sequestration 

13 and storage, including variability in effectiveness and 

14 risk of reversal. 

15 (12) Identify coastal and marine areas of par16 ticularly high potential for carbon sequestration and 

17 high rates of carbon storage. 

18 (13) Assess legal issues of landownership and 

19 leases in blue carbon markets and develop guidelines 

20 to help landowners navigate the requirements of blue 

21 carbon markets. 

22 (14) Assess the impacts of protection and res23 toration efforts in blue carbon ecosystems on meth24 ane emissions. 


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1 SEC. 3. BLUE CARBON PARTNERSHIP GRANT PROGRAM. 

2 (a) ESTABLISHMENT.—The Administrator shall es3 tablish a competitive grant program, to be known as the 

4 ‘‘Blue Carbon Partnership Grant Program’’, to award 

5 amounts to eligible entities to carry out projects that pro6 tect, restore, or research blue carbon stocks or blue carbon 

7 ecosystems and increase the long-term carbon sequestra8 tion and carbon storage of marine and coastal ecosystems. 

9 (b) REQUIREMENTS.—In carrying out the grant pro10 gram, the Administrator shall develop— 

11 (1) criteria for the selection of eligible entities 

12 to be awarded amounts under the grant program; 

13 (2) guidelines for the use by eligible entities of 

14 awarded amounts and any contracts relating to the 

15 use of such amounts; 

16 (3) reporting requirements for eligible entities 

17 that are awarded amounts under the grant program; 

18 and 

19 (4) metrics to evaluate the effectiveness of the 

20 use by eligible entities of any awarded amounts. 

21 (c) APPLICATIONS.—To be eligible for a grant under 

22 this section, an eligible entity shall submit to the Adminis23 trator an application in such form, at such time, and con24 taining such information as the Administrator determines 

25 appropriate. 


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1 (d) PRIORITY.—In awarding amounts under the 

2 grant program, the Administrator shall give priority to ap3 plications from eligible entities that propose projects that 

4 the Administrator determines will result in long-term pro5 tection and sequestration of carbon stored in coastal and 

6 marine environments, and would— 

7 (1) protect key habitats for fish, wildlife, and 

8 the maintenance of biodiversity; 

9 (2) provide coastal protection from develop10 ment, storms, flooding, and land-based pollution; 

11 (3) protect coastal resources of national, histor12 ical, or cultural significance; 

13 (4) benefit communities of color, low-income 

14 communities, Tribal or Indigenous communities, or 

15 rural communities; or 

16 (5) capitalize on public-private partnerships es17 tablished before the date of the enactment of this 

18 section. 

19 (e) ACREAGE GOAL.—To the maximum extent pos20 sible, the Administrator shall award amounts under the 

21 grant program to eligible entities to carry out projects to 

22 protect and restore blue carbon ecosystems on at least 

23 1,500,000 acres over 10 years. 

24 (f) REPORT.—The Administrator shall annually sub25 mit to Congress, and make available to the public, a report 


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1 regarding the grant program, including an analysis, by 

2 State, of the— 

3 (1) total number of acres of land and water 

4 protected or restored through fee title acquisition, 

5 easement, restoration, or other activities carried out 

6 under the grant program; 

7 (2) status of each project carried out using 

8 amounts awarded under the grant program; and 

9 (3) amount of blue carbon captured or pro10 tected over a 100-year time period as a result of the 

11 grant program. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Administrator to 

14 carry out this section $300,000,000 for each of fiscal 

15 years 2025 to 2029. 

16 SEC. 4. BLUE CARBON AREAS OF SIGNIFICANCE. 

17 (a) IN GENERAL.—The Administrator shall, based on 

18 the guidelines established under subsection (b), identify 

19 for designation as a blue carbon area of significance under 

20 subsection (c) each area that— 

21 (1) is within the— 

22 (A) coastal zone; 

23 (B) territorial waters of the United States; 

24 or 


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1 (C) exclusive economic zone of the United 

2 States; 

3 (2) contains water, a substrate, or an ecosystem 

4 that provides for significant amounts of long-term 

5 carbon sequestration and carbon storage and— 

6 (A) limits erosion and facilitates future 

7 landward migration of coastal wetlands; 

8 (B) provides a buffer against storm surge, 

9 especially for communities of color, low-income 

10 communities, and Tribal and Indigenous com11 munities; or 

12 (C) provides a spawning, breeding, feeding, 

13 or nesting habitat for fish or wildlife; and 

14 (3) is not exclusive of coastal or other resources 

15 that are significant in for mitigating or adapting to 

16 climate change. 

17 (b) GUIDELINES.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of the enactment of this section, the Admin20 istrator shall, by regulation and based on the best 

21 available science, establish guidelines to describe and 

22 identify— 

23 (A) blue carbon areas of significance; and 

24 (B) measures to ensure the protection of 

25 blue carbon areas of significance. 


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1 (2) REVIEW AND UPDATE.—The Administrator 

2 shall review and update the guidelines established 

3 under paragraph (1) not less frequently than once 

4 every 5 years or when new information warrants 

5 such a review and update. 

6 (c) DESIGNATION.— 

7 (1) IN GENERAL.—The Administrator shall des8 ignate as a blue carbon area of significance each 

9 area identified under subsection (a). 

10 (2) INITIAL DESIGNATIONS.—Not later than 1 

11 year after the date on which the guidelines required 

12 under subsection (b) are established, the Adminis13 trator shall make initial designations of any blue 

14 carbon area of significance in each coastal State. 

15 (d) SCHEDULE.—The Administrator shall establish a 

16 schedule— 

17 (1) for the identification of blue carbon areas of 

18 significance under subsection (a); 

19 (2) to review and update the guidelines estab20 lished under subsection (b); and 

21 (3) to make designations under subsection (c). 

22 (e) RECOMMENDATIONS AND INFORMATION.—The 

23 Administrator shall, with respect to each blue carbon area 

24 of significance, provide recommendations and information 

25 regarding— 


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1 (1) adverse impacts and threats to the carbon 

2 storage, ecosystem services, and habitat capacity of 

3 the blue carbon area of significance; and 

4 (2) the actions that should be considered to 

5 avoid such adverse impacts and threats and ensure 

6 the conservation and enhancement of the blue car7 bon area of significance. 

8 (f) REQUIREMENTS FOR FEDERAL AGENCIES.— 

9 (1) IN GENERAL.—A Federal agency that pro10 poses an action that has the potential to cause an 

11 adverse impact to the carbon storage, carbon seques12 tration, ecosystem services, or habitat capacity of a 

13 blue carbon area of significance shall notify the Ad14 ministrator of such proposed action. 

15 (2) DETERMINATION OF ADVERSE IMPACT.— 

16 Upon notification under paragraph (1), the Adminis17 trator, in consultation with the head of the notifying 

18 Federal agency, shall determine whether the pro19 posed action that is the subject of the notification 

20 will cause an adverse impact described in that para21 graph to a blue carbon area of significance. 

22 (3) ALTERNATIVE ACTION.— 

23 (A) IN GENERAL.—If the Administrator 

24 determines, under paragraph (2), that a pro25 posed action that is the subject of a notification 


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1 under paragraph (1) will cause an adverse im2 pact described in that paragraph to a blue car3 bon area of significance, the head of the noti4 fying Federal agency, in consultation with the 

5 Administrator, shall determine whether there is 

6 an available alternative action that will prevent 

7 the adverse impact and fulfill the purpose of the 

8 proposed action. 

9 (B) ALTERNATIVE ACTION AVAILABLE.—If 

10 the head of the notifying Federal agency deter11 mines, under subparagraph (A) that there is an 

12 available alternative action described in that 

13 subparagraph, the notifying Federal agency 

14 may not take the proposed action. 

15 (C) ALTERNATIVE ACTION NOT AVAIL16 ABLE.—If the head of the notifying Federal 

17 agency determines, under subparagraph (A) 

18 that there is no available alternative action de19 scribed in that subparagraph, the notifying 

20 Federal agency shall— 

21 (i) in consultation with the Adminis22 trator, take measures to mitigate the ad23 verse impact; 

24 (ii) take such action as the Adminis25 trator determines necessary to create a 


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1 marine blue carbon and blue carbon eco2 system storage offset that, taken in con3 junction with the proposed action, will re4 sult in a long-term net increase in carbon 

5 storage, lasting an equivalent time period 

6 as the carbon storage lost by the adverse 

7 impact; 

8 (iii) demonstrate quantitatively, using 

9 the best available science, that the carbon 

10 storage offset created under clause (ii)— 

11 (I) will result in a net increase in 

12 biological carbon storage; and 

13 (II) is located in close proximity 

14 to the original site to keep the af15 fected communities whole; and 

16 (iv) maintain such carbon storage off17 set for a period of time to be determined 

18 by the Administrator that is not less than 

19 100 years. 

20 (g) REQUIRED RESTRICTIONS.—A Federal agency 

21 may only enter into a lease, easement, right-of-way, or sale 

22 that involves an area designated as a blue carbon area of 

23 significance if the Federal agency attaches such restric24 tions to the use of the area as the Administrator deterVerDate Sep 11 2014 18:20 Jan 24, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H10491.IH H10491

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1 mines appropriate to protect the blue carbon area of sig2 nificance. 

3 (h) REQUIREMENT FOR AUTHORIZATION OR APPRO4 PRIATION.—Each request for a new authorization or ap5 propriation from a Federal agency transmitted to the Of6 fice of Management and Budget shall include, if such au7 thorization or appropriation may affect a blue carbon area 

8 of significance, a certification that the Federal agency will 

9 use such authorization or appropriation in compliance 

10 with this section. 

11 (i) EXCEPTION.—Preparation, revision, implementa12 tion, or enforcement of a fishery management plan under 

13 the Magnuson-Stevens Fishery Conservation and Manage14 ment Act (16 U.S.C. 1801 et seq.) that applies to an area 

15 that is subject to a prohibition on all bottom-tending fish16 ing gear shall not be treated as a proposed action that 

17 is subject to subsection (f). 

18 (j) USE OF CERTAIN PROGRAMS.—The Adminis19 trator shall use programs administered by the Adminis20 trator to carry out this section and ensure the conserva21 tion and enhancement of each blue carbon area of signifi22 cance. 


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1 SEC. 5. FEDERAL COASTAL AND MARINE RESTORATION 

2 AND PROTECTION ACTIVITIES. 

3 (a) IN GENERAL.—The Director of the United States 

4 Fish and Wildlife Service, the Director of the National 

5 Park Service, and the Administrator shall each conduct 

6 coastal and marine restoration and protection activities on 

7 land and water managed by each such agency sufficient 

8 to achieve at least 1 of the following: 

9 (1) The sequestration of additional atmospheric 

10 carbon dioxide through— 

11 (A) the restoration of degraded blue car12 bon ecosystems; and 

13 (B) the protection of threatened blue car14 bon ecosystems. 

15 (2) The halting of ongoing carbon dioxide emis16 sions within the area in which the activities are car17 ried out, and the resumption of the natural rate of 

18 carbon sequestration of the area, through the res19 toration of drained coastal wetlands. 

20 (3) The halting of ongoing methane emissions 

21 within the area in which the activities are carried 

22 out, and the resumption of the natural rate of car23 bon sequestration of the area, through the restora24 tion of impounded wetlands. 

25 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

26 authorized to be appropriated to each of the Director of 


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1 the United States Fish and Wildlife Service, the Director 

2 of the National Park Service, and the Administrator to 

3 carry out this section $200,000,000 for each of fiscal 

4 years 2025 through 2029. 

5 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated to the Admin7 istrator to carry out sections 1 through 5 of this Act 

8 $16,000,000 for each of fiscal years 2025 to 2029. 

9 SEC. 7. DEFINITIONS. 

10 In this Act: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Under Secretary of Commerce for 

13 Oceans and Atmosphere in the Under Secretary’s 

14 capacity as Administrator of the National Oceanic 

15 and Atmospheric Administration. 

16 (2) BIOLOGICAL CARBON STORAGE.—The term 

17 ‘‘biological carbon storage’’ means the storage of at18 mospheric carbon dioxide in vegetation, soils, woody 

19 products, and aquatic environments. 

20 (3) BLUE CARBON.—The term ‘‘blue carbon’’ 

21 means atmospheric carbon dioxide sequestered by 

22 the ocean or a blue carbon ecosystem. 

23 (4) BLUE CARBON AREA OF SIGNIFICANCE.— 

24 The term ‘‘blue carbon area of significance’’ means 


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1 an area designated by the Administrator under sec2 tion 4 as a blue carbon area of significance. 

3 (5) BLUE CARBON ECOSYSTEM.—The term 

4 ‘‘blue carbon ecosystem’’ means a vegetated coastal 

5 habitat, including mangroves, tidal marshes, 

6 seagrasses, kelp forests, and other tidal- or salt7 water wetlands, that has the capacity to sequester 

8 atmospheric carbon dioxide for a period of not less 

9 than 100 years. 

10 (6) BLUE CARBON STOCKS.—The term ‘‘blue 

11 carbon stocks’’ means coastal and marine vegetation 

12 and wildlife, and underlying sediment, that have the 

13 capacity to sequester and store atmospheric carbon 

14 dioxide. 

15 (7) CARBON SEQUESTRATION.—The term ‘‘car16 bon sequestration’’ means the process of capturing 

17 and storing atmospheric carbon dioxide. 

18 (8) CARBON SINK.—The term ‘‘carbon sink’’ 

19 means a natural or artificial system that absorbs 

20 more atmospheric carbon dioxide than it releases. 

21 (9) CARBON STORAGE.—The term ‘‘carbon 

22 storage’’ means the storing of sequestered atmos23 pheric carbon dioxide out of the atmosphere in bio24 genic material or sediment. 


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1 (10) COASTAL STATE.—The term ‘‘coastal 

2 State’’ has the meaning given the term ‘‘coastal 

3 state’’ in section 304 of the Coastal Zone Manage4 ment Act of 1972 (16 U.S.C. 1453). 

5 (11) COASTAL ZONE.—The term ‘‘coastal zone’’ 

6 has the meaning given the term in section 304 of the 

7 Coastal Zone Management Act of 1972 (16 U.S.C. 

8 1453). 

9 (12) ECOSYSTEM SERVICES.—The term ‘‘eco10 system services’’ means the direct and indirect bene11 fits that ecosystems provide to humans. 

12 (13) ELIGIBLE ENTITY.—The term ‘‘eligible en13 tity’’ means— 

14 (A) a private landowner or group of land15 owners; 

16 (B) a State agency that manages natural 

17 resources or wildlife; 

18 (C) an Indian Tribe; 

19 (D) a unit of local government; 

20 (E) a nonprofit organization or land trust; 

21 (F) an institution of higher education and 

22 research; or 

23 (G) any group of entities described in sub24 paragraphs (A) through (F). 


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1 (14) GRANT PROGRAM.—The term ‘‘grant pro2 gram’’ means the Blue Carbon Partnership Grant 

3 Program established under section 3(a). 

4 (15) IMPOUNDED WETLAND.—The term ‘‘im5 pounded wetland’’ means an area that was a tidal 

6 wetland but, as a result of a loss of tidal 

7 connectivity, has become a freshwater wetland. 

8 (16) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

9 has the meaning given the term in section 4 of the 

10 Indian Self-Determination and Education Assistance 

11 Act (25 U.S.C. 5304). 

12 (17) MARINE BLUE CARBON.—The term ‘‘ma13 rine blue carbon’’ means carbon dioxide sequestered 

14 in pelagic and deep sea ecosystems, including in 

15 sediments and through the ecosystem impacts of ma16 rine wildlife. 

17 (18) PROGRAM.—The term ‘‘Program’’ means 

18 the Blue Carbon Program established under section 

19 2(a). 

Æ 


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