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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7106 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7106

     To amend the National Oceans and Coastal Security Act to make 
           improvements to that Act, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2024

    Mr. Beyer (for himself and Mrs. Gonzalez-Colon) 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 amend the National Oceans and Coastal Security Act to make 
           improvements to that Act, 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 Oceans and Coastal Security 
Improvements Act of 2024''.

SEC. 2. IMPROVEMENTS TO NATIONAL OCEANS AND COASTAL SECURITY ACT.

    (a) References.--Except as otherwise specifically provided, 
whenever in this section an amendment or repeal is expressed in terms 
of an amendment to or a repeal of a provision, the reference shall be 
considered to be made to a provision of the National Oceans and Coastal 
Security Act (16 U.S.C. 7501 et seq.).
    (b) Definitions.--Section 902 (16 U.S.C. 7501) is amended to read 
as follows:

``SEC. 902. DEFINITIONS.

    ``In this title:
            ``(1) Administrator.--Except as otherwise specifically 
        provided, the term `Administrator' means the Under Secretary of 
        Commerce for Oceans and Atmosphere and Administrator of the 
        National Oceanic and Atmospheric Administration.
            ``(2) Blue carbon benefits.--The term `blue carbon 
        benefits' means the carbon sequestered and stored by coastal 
        and marine ecosystems, including salt marshes, mangroves, and 
        seagrasses.
            ``(3) Coastal county.--The term `coastal county' has the 
        meaning given the term by the National Oceanic and Atmospheric 
        Administration in the document entitled `NOAA's List of Coastal 
        Counties for the Bureau of the Census' (or similar successor 
        document).
            ``(4) Coastal indian tribe.--The term `coastal Indian 
        Tribe' means an Indian Tribe with respect to which the 
        following is located, in whole or in part, within a coastal 
        State:
                    ``(A) Land held by the Indian Tribe--
                            ``(i) in fee; or
                            ``(ii) subject to restriction against 
                        alienation under the laws of the United States.
                    ``(B) Land held in trust by the United States for 
                the benefit of the Indian Tribe.
                    ``(C) A reservation, pueblo, or rancheria or the 
                Indian Tribe.
            ``(5) Coastal state.--The term `coastal State' has the 
        meaning given the term `State' in section 103 of the Estuary 
        Restoration Act (33 U.S.C. 2902).
            ``(6) Foundation.--The term `Foundation' means the National 
        Fish and Wildlife Foundation established by section 2(a) of the 
        National Fish and Wildlife Foundation Establishment Act (16 
        U.S.C. 3701(a)).
            ``(7) Fund.--The term `Fund' means the National Oceans and 
        Coastal Security Fund established under section 904(a).
            ``(8) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            ``(9) Native hawaiian organization.--The term `Native 
        Hawaiian organization' has the meaning given the term in 
        section 3 of the NATIVE Act (25 U.S.C. 4352).
            ``(10) 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.''.
    (c) Expenditures.--Section 904(d) (16 U.S.C. 7503(d)) is amended to 
read as follows:
    ``(d) Expenditures.--Of the amounts deposited in, or appropriated 
or otherwise made available to, the Fund for each fiscal year--
            ``(1) not more than a total of 5 percent may be used by the 
        Administrator and the Foundation for administrative expenses to 
        carry out this title, which such amount shall be divided 
        between the Administrator and the Foundation pursuant to a 
        documented agreement between the Administrator and the 
        Foundation; and
            ``(2) if the total of such amounts is--
                    ``(A) $50,000,000 or less, any remaining amounts 
                may only be used by the Foundation to award grants 
                under section 906(c); or
                    ``(B) $50,000,000 or more--
                            ``(i) at least $50,000,000 shall be used by 
                        the Foundation to award grants under section 
                        906(c); and
                            ``(ii) of any remaining amounts--
                                    ``(I) 80 percent of such amounts 
                                may be used by the Administrator to 
                                award grants under section 906(b); and
                                    ``(II) 20 percent of such amounts 
                                may be used by the Foundation to award 
                                grants under section 906(c).''.
    (d) Eligible Uses.--Section 905 (16 U.S.C. 7504) is amended to read 
as follows:

``SEC. 905. ELIGIBLE USES.

    ``(a) In General.--Amounts in the Fund may be used by the 
Administrator and the Foundation to award grants under subsection (b) 
or (c) of section 906, respectively, to support programs and activities 
intended to protect, conserve, restore, and better understand and use 
ocean and coastal resources and coastal infrastructure.
    ``(b) Programs and Activities.--The programs and activities 
described in subsection (a) 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, 
        tsunamis, and changes in ocean temperature on 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) Monitoring, spatial planning, data-sharing, and other 
        efforts that contribute to the understanding of ecological, 
        economic, and societal threats driven by changes to the oceans, 
        coasts, and Great Lakes.
            ``(4) Projects to assist water-dependent commercial 
        activities including commercial fishing, recreational fishing 
        businesses, aquaculture, boat building, or other marine-based 
        recreational businesses and tourism, minimize or avoid coastal 
        hazards and adapt to changes to the oceans, coasts, and Great 
        Lakes.
            ``(5) Planning, design, and implementation of climate-
        resilient natural and nature-based infrastructure projects, 
        including projects to deploy natural or nature-based features 
        to enhance the resiliency of public infrastructure.
            ``(6) Projects to protect, modify, reposition, or relocate 
        critical coastal transportation, emergency response, drinking 
        water, electrical, and other public infrastructure that are 
        subject to or face increased future risks from coastal hazards.
            ``(7) Planning for and managing coastal development to 
        enhance ecosystem and community resilience and to minimize or 
        avoid the impacts from coastal hazards, including sea level 
        change, hurricanes and other extreme weather, flooding, and 
        coastal erosion.
            ``(8) Projects to address management, planning, or 
        resiliency and readiness issues that are regional or interstate 
        in scope, including regional ocean partnerships or similar 
        entities.
            ``(9) Development and regular updates of comprehensive 
        resilience, adaptation, and mitigation plans, including 
        updating 5-year plans under subsection (b)(3)(C), which involve 
        robust engagement with community stakeholders.
            ``(10) Community-led strategic relocation efforts.
            ``(11) Acquisition of property or an interest in property 
        if--
                    ``(A) the property is located within a coastal 
                county;
                    ``(B) such property or interest in property is 
                acquired through purchase, exchange, or donation from a 
                willing party;
                    ``(C) the head of an agency designated as a lead 
                agency by the coastal State, coastal Indian Tribe, or 
                Native Hawaiian organization in which the property or 
                interest in property is acquired approves of the 
                acquisition; and
                    ``(D) such property or interest in property is 
                acquired in a manner that ensures such property or 
                interest in property will be administered to support 
                the purposes of this title.
    ``(c) Prohibition on Use of Funds for Litigation and Lobbying.--No 
funds made available under this title may be used to fund--
            ``(1) any activity related to litigation; or
            ``(2) any activity the purpose of which is to influence 
        legislation pending before Congress.''.
    (e) Grants.--
            (1) Administration.--Section 906(a)(1) (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) in subparagraph (C)--
                            (i) in clause (i), by inserting ``, coastal 
                        Indian Tribes, and Native Hawaiian 
                        organizations'' after ``coastal States''; and
                            (ii) by amending clause (ii) to read as 
                        follows:
                            ``(ii) under subsection (c), as 
                        appropriate, to entities including States, 
                        local governments, Indian Tribes, regional and 
                        interstate collaboratives, associations, 
                        nonprofit and for-profit private entities, 
                        public-private partnerships, academic 
                        institutions, Indigenous communities, and 
                        Native Hawaiian organizations.'';
                    (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) Procedures and accounting methodology to 
                quantify blue carbon benefits for the purposes of the 
                annual report required under section 907.''.
            (2) Coastal grants.--Section 906(b) (16 U.S.C. 7505(b)) is 
        amended to read as follows:
    ``(b) Coastal Grants.--
            ``(1) In general.--The Administrator, in consultation with 
        the Foundation, shall award grants to each eligible coastal 
        State, coastal Indian Tribe, and Native Hawaiian organization 
        from the amount made available under section 904(d) in 
        accordance with the following:
                    ``(A) 35 percent of such amount shall be allocated 
                equally among coastal States.
                    ``(B) 30 percent of such amount shall be allocated 
                to coastal States on the basis of the ratio of the 
                tidal shoreline miles of a coastal State to the tidal 
                shoreline miles of all coastal States.
                    ``(C) 20 percent of such amount shall be allocated 
                to coastal States on the basis of the ratio of the 
                population of the coastal counties of a coastal State 
                to the total population of the coastal counties of all 
                coastal States, based on the most recent data available 
                from the United States Census Bureau.
                    ``(D) 15 percent of such amount shall be allocated 
                equally among coastal Indian Tribes and Native Hawaiian 
                organizations.
            ``(2) Maximum allocation to coastal states.--
                    ``(A) In general.--Notwithstanding subparagraphs 
                (A) through (C) of paragraph (1), not more than 5 
                percent of the total amount awarded under this 
                subsection may be allocated to any one coastal State.
                    ``(B) Redistribution.--The Administrator shall 
                develop guidelines regarding the redistribution of any 
                amount greater than the maximum allocation described in 
                subparagraph (A).
            ``(3) Application.--
                    ``(A) In general.--To be eligible for a grant under 
                this subsection, a coastal State, coastal Indian Tribe, 
                or Native Hawaiian organization shall submit to the 
                Administrator an application in such form, at such 
                time, and containing such information as the 
                Administrator determines appropriate.
                    ``(B) Eligibility.--To be eligible for a grant 
                under this subsection, a coastal State, coastal Indian 
                Tribe, or Native Hawaiian organization shall have 1 of 
                the following:
                            ``(i) A Coastal Zone Management Program 
                        approved under section 306 of the Coastal Zone 
                        Management Act of 1972 (16 U.S.C. 1455).
                            ``(ii) A 5-year plan approved under 
                        paragraph (4).
                    ``(C) Updates.--As a condition of being awarded a 
                grant under this subsection, a coastal State, coastal 
                Indian Tribe, or Native Hawaiian organization that is 
                eligible for a grant under this subsection pursuant to 
                subparagraph (B)(ii) shall submit to the Administrator 
                not less frequently than once every 5 years an update 
                to the 5-year plan submitted by such coastal State, 
                coastal Indian Tribe, or Native Hawaiian organization 
                for the 5-year period immediately following the most 
                recent submission under this paragraph.
                    ``(D) Continued eligibility.--If the Administrator, 
                in consultation with the Foundation, approves the 
                application of a coastal State, coastal Indian Tribe, 
                or Native Hawaiian organization submitted under this 
                paragraph, such coastal State, coastal Indian Tribe, or 
                Native Hawaiian organization shall remain eligible for 
                a grant under this subsection if such coastal State, 
                coastal Indian Tribe, or Native Hawaiian organization 
                complies with subparagraphs (B) and (C).
            ``(4) 5-year plan.--A coastal State, coastal Indian Tribe, 
        or Native Hawaiian organization may submit to the Administrator 
        for approval under this paragraph a 5-year plan, which shall 
        include the following:
                    ``(A) A description of stakeholder involvement and 
                public engagement with the development of such 5-year 
                plan.
                    ``(B) A description of the process the coastal 
                State, coastal Indian Tribe, or Native Hawaiian 
                organization will use to allocate amounts awarded to 
                the coastal State, coastal Indian Tribe, or Native 
                Hawaiian organization under paragraph (1), which shall 
                include an affirmation that such process is consistent 
                with the application and review procedures established 
                by the Administrator and Foundation under subsection 
                (a)(1).
                    ``(C) Criteria to determine which entities are 
                eligible to participate in the process of the coastal 
                State, coastal Indian Tribe, or Native Hawaiian 
                organization described in subparagraph (B).
                    ``(D) A process to certify that each project or 
                program funded under this subsection with respect to 
                the coastal State, coastal Indian Tribe, or Native 
                Hawaiian organization and each contract awarded 
                pursuant to each such project or program is consistent 
                with the standard procurement rules and regulations 
                governing a comparable project or program of the 
                coastal State, coastal Indian Tribe, or Native Hawaiian 
                organization, including all applicable competitive 
                bidding and audit requirements.
                    ``(E) Procedures to make publicly available on the 
                internet a list of each project or program funded under 
                this subsection with respect to the coastal State, 
                coastal Indian Tribe, or Native Hawaiian organization, 
                including, at a minimum, the recipient, amount, project 
                description, and project status.
            ``(5) Deadline.--
                    ``(A) In general.--Not later than 60 days after the 
                date on which the Administrator receives an application 
                for a grant under this subsection, the Administrator, 
                in consultation with the Foundation, shall approve or 
                deny such application.
                    ``(B) Denial.--If the Administrator denies an 
                application for a grant under this subsection, the 
                Administrator, in consultation with the Foundation, 
                shall provide to the relevant coastal State, coastal 
                Indian Tribe, or Native Hawaiian organization feedback 
                regarding such denial.
            ``(6) Nonparticipation.--In any fiscal year, if an eligible 
        coastal State, coastal Indian Tribe, or Native Hawaiian 
        organization declines a grant award under this subsection, the 
        amount that would have been allocated to the coastal State, 
        coastal Indian Tribe, or Native Hawaiian organization shall be 
        reallocated to award grants under subsection (c).''.
            (3) National grants for oceans, coasts, and great lakes.--
        Section 906(c) (16 U.S.C. 7505(c)) is amended--
                    (A) in paragraph (1), by striking ``The 
                Administrator and the Foundation'' and inserting ``The 
                Foundation, in consultation with the Administrator,''; 
                and
                    (B) in paragraph (2)--
                            (i) in subparagraph (B)--
                                    (I) in clause (ii), by striking 
                                ``and'' at the end;
                                    (II) by redesignating clause (iii) 
                                as clause (v); and
                                    (III) by inserting after clause 
                                (ii) the following:
                            ``(iii) nonprofit organizations;
                            ``(iv) Indian Tribes, Indigenous 
                        communities, and Native Hawaiian organizations; 
                        and''; and
                            (ii) by adding at the end the following:
                    ``(C) Cap on funding.--The amount of a grant 
                awarded under this subsection shall not count toward 
                the cap on funding to coastal States, coastal Indian 
                Tribes, or Native Hawaiian organizations through grants 
                awarded under subsection (b).''.
    (f) Annual Report.--Section 907 (16 U.S.C. 7506) is amended--
            (1) in subsection (a), by striking ``Subject to subsection 
        (c), beginning'' and inserting ``Beginning''; and
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) an estimate of blue carbon benefits.''.
    (g) Funding.--Section 908 (16 U.S.C. 7507) is amended by striking 
``such sums as are necessary for fiscal years 2017, 2018, and 2019 for 
this title'' and inserting ``$200,000,000 to carry out this title for 
each of fiscal years 2025 through 2029''.
                                 <all>
```