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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 729 Engrossed in House (EH)]

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116th CONGRESS
  1st Session
                                H. R. 729

_______________________________________________________________________

                                 AN ACT

 
To amend the Coastal Zone Management Act of 1972 to authorize grants to 
Indian Tribes to further achievement of Tribal coastal zone objectives, 
                        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. FRONT MATTER.

    (a) Short Title.--This Act may be cited as the ``Coastal and Great 
Lakes Communities Enhancement Act''.
    (b) Determination of Budgetary Effects.--The budgetary effects of 
this Act, for the purpose of complying with the Statutory Pay-As-You-Go 
Act of 2010, shall be determined by reference to the latest statement 
titled ``Budgetary Effects of PAYGO Legislation'' for this Act, 
submitted for printing in the Congressional Record by the Chairman of 
the House Budget Committee, provided that such statement has been 
submitted prior to the vote on passage.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Front matter.
          TITLE I--COASTAL RESILIENCE AND ECONOMIC ENHANCEMENT

Sec. 101. Grants to further achievement of Tribal coastal zone 
                            objectives.
Sec. 102. Living Shoreline Grant Program.
Sec. 103. Working Waterfronts Grant Program.
Sec. 104. Working Waterfronts Preservation Fund; grants.
Sec. 105. Eligibility of District of Columbia for Federal funding under 
                            the Coastal Zone Management Act of 1972.
Sec. 106. Climate change preparedness in the coastal zone.
Sec. 107. Update to environmental sensitivity index products of 
                            National Oceanic and Atmospheric 
                            Administration for Great Lakes.
Sec. 108. Prize competitions.
Sec. 109. Catalog of research on applicable coastal risk reduction and 
                            resilience measures.
              TITLE II--FISHERY RESEARCH AND CONSERVATION

  Subtitle A--National Fish Habitat Conservation Through Partnerships

Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. National Fish Habitat Board.
Sec. 204. Fish Habitat Partnerships.
Sec. 205. Fish Habitat Conservation Projects.
Sec. 206. Technical and scientific assistance.
Sec. 207. Coordination with States and Indian Tribes.
Sec. 208. Interagency Operational Plan.
Sec. 209. Accountability and reporting.
Sec. 210. Effect of this subtitle.
Sec. 211. Nonapplicability of Federal Advisory Committee Act.
Sec. 212. Funding.
Sec. 213. Prohibition against implementation of regulatory authority by 
                            Federal agencies through Partnerships.
         Subtitle B--Great Lakes Fishery Research Authorization

Sec. 221. Definitions.
Sec. 222. Findings.
Sec. 223. Great Lakes monitoring, assessment, science, and research.
Sec. 224. Authorization of appropriations.
               Subtitle C--Chesapeake Bay Oyster Research

Sec. 231. Sense of Congress.
Sec. 232. Grants for researching oysters in the Chesapeake Bay.
      TITLE III--MEETING 21ST CENTURY OCEAN AND COASTAL DATA NEEDS

                       Subtitle A--Digital Coast

Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Establishment of the Digital Coast.
      Subtitle B--Integrated Coastal and Ocean Observation System

Sec. 311. Staggered terms for National Integrated Coastal and Ocean 
                            Observation System Advisory Committee.
Sec. 312. Integrated coastal and ocean observation system cooperative 
                            agreements.
Sec. 313. Reauthorization of Integrated Coastal and Ocean Observation 
                            System Act of 2009.
Sec. 314. Advanced Research Projects Agency-Oceans.
        TITLE IV--NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS

Sec. 401. References to the National Sea Grant College Program Act.
Sec. 402. Modification of Dean John A. Knauss Marine Policy Fellowship.
Sec. 403. Modification of authority of Secretary of Commerce to accept 
                            donations for National Sea Grant College 
                            Program.
Sec. 404. Repeal of requirement for report on coordination of oceans 
                            and coastal research activities.
Sec. 405. Reduction in frequency required for National Sea Grant 
                            Advisory Board report.
Sec. 406. Modification of elements of National Sea Grant College 
                            Program.
Sec. 407. Direct hire authority; Dean John A. Knauss Marine Policy 
                            Fellowship.
Sec. 408. Authorization of appropriations for National Sea Grant 
                            College Program.
Sec. 409. Technical corrections.

          TITLE I--COASTAL RESILIENCE AND ECONOMIC ENHANCEMENT

SEC. 101. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE 
              OBJECTIVES.

    (a) Grants Authorized.--The Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) is amended by adding at the end the following:

``SEC. 320. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE 
              OBJECTIVES.

    ``(a) Grants Authorized.--The Secretary may award competitive 
grants to Indian Tribes to further achievement of the objectives of 
such a Tribe for its Tribal coastal zone.
    ``(b) Cost Share.--
            ``(1) In general.--The Federal share of the cost of any 
        activity carried out with a grant under this section shall be--
                    ``(A) in the case of a grant of less than $200,000, 
                100 percent of such cost; and
                    ``(B) in the case of a grant of $200,000 or more, 
                95 percent of such cost, except as provided in 
                paragraph (2).
            ``(2) Waiver.--The Secretary may waive the application of 
        paragraph (1)(B) with respect to a grant to an Indian Tribe, or 
        otherwise reduce the portion of the share of the cost of an 
        activity required to be paid by an Indian Tribe under such 
        paragraph, if the Secretary determines that the Tribe does not 
        have sufficient funds to pay such portion.
    ``(c) Compatibility.--The Secretary may not award a grant under 
this section unless the Secretary determines that the activities to be 
carried out with the grant are compatible with this title and that the 
grantee has consulted with the affected coastal state regarding the 
grant objectives and purposes.
    ``(d) Authorized Objectives and Purposes.--Amounts awarded as a 
grant under this section shall be used for one or more of the 
objectives and purposes authorized under subsections (b) and (c), 
respectively, of section 306A.
    ``(e) Funding.--Of amounts appropriated to carry out this Act, 
$5,000,000 is authorized to carry out this section for each fiscal 
year.
    ``(f) Definitions.--In this section:
            ``(1) Indian land.--The term `Indian land' has the meaning 
        that term has under section 2601 of the Energy Policy Act of 
        1992 (25 U.S.C. 3501).
            ``(2)  Indian tribe.--The term `Indian Tribe' means an 
        Indian tribe, as that term is defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            ``(3) Tribal coastal zone.--The term `Tribal coastal zone' 
        means any Indian land of an Indian Tribe that is within the 
        coastal zone.
            ``(4) Tribal coastal zone objective.--The term `Tribal 
        coastal zone objective' means, with respect to an Indian Tribe, 
        any of the following objectives:
                    ``(A) Protection, restoration, or preservation of 
                areas in the Tribal coastal zone of such Tribe that 
                hold--
                            ``(i) important ecological, cultural, or 
                        sacred significance for such Tribe; or
                            ``(ii) traditional, historic, and esthetic 
                        values essential to such Tribe.
                    ``(B) Preparing and implementing a special area 
                management plan and technical planning for important 
                coastal areas.
                    ``(C) Any coastal or shoreline stabilization 
                measure, including any mitigation measure, for the 
                purpose of public safety, public access, or cultural or 
                historical preservation.''.
    (b) Guidance.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Commerce shall issue guidance 
for the program established under the amendment made by subsection (a), 
including the criteria for awarding grants under such program based on 
consultation with Indian Tribes (as that term is defined in that 
amendment).
    (c) Use of State Grants To Fulfill Tribal Objectives.--Section 
306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1455a(c)(2)) is amended by striking ``and'' after the semicolon at the 
end of subparagraph (D), by striking the period at the end of 
subparagraph (E) and inserting ``; and'', and by adding at the end the 
following:
                    ``(F) fulfilling any Tribal coastal zone objective 
                (as that term is defined in section 320).''.
    (d) Other Programs Not Affected.--Nothing in this section shall be 
construed to affect the ability of an Indian Tribe to apply for, 
receive assistance under, or participate in any program authorized by 
the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or 
other related Federal laws.

SEC. 102. LIVING SHORELINE GRANT PROGRAM.

    (a) Establishment.--The Administrator shall make 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) Project Proposals.--To be eligible to receive a grant under 
this section, an eligible entity shall--
            (1) submit to the Administrator a proposal for a living 
        shoreline project, including monitoring, data collection, and 
        measurable performance criteria with respect to the project;
            (2) demonstrate to the Administrator that the entity has 
        any permits or other authorizations from local, State, and 
        Federal government agencies necessary to carry out the living 
        shoreline project or provide evidence demonstrating general 
        support from such agencies; and
            (3) include an outreach or education component that seeks 
        and solicits feedback from the local or regional community most 
        directly affected by the proposal.
    (c) Project Selection.--
            (1) Development of criteria.--The Administrator shall 
        select eligible entities to receive grants under this section 
        based on criteria developed by the Administrator, in 
        consultation with relevant offices of the National Oceanic and 
        Atmospheric Administration, such as the Office of Habitat 
        Conservation, the Office for Coastal Management, and the 
        Restoration Center.
            (2) Considerations.--In developing criteria under paragraph 
        (1) to evaluate a proposed living shoreline project, the 
        Administrator shall take into account--
                    (A) the potential of the project 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 ecological benefits of the project;
                    (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; or
                            (vi) such other forms of coastal protection 
                        as the Administrator considers appropriate; and
                    (E) the potential of the project to support 
                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).
            (3) Priority.--In selecting living shoreline projects to 
        receive grants under this section, the Administrator shall give 
        priority consideration to a proposed project to be conducted in 
        an area--
                    (A) for which the President has declared, during 
                the 10-year period preceding the submission of the 
                proposal for the project under subsection (b), that a 
                major disaster exists pursuant to section 401 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170) because of a hurricane, 
                tropical storm, coastal storm, or flooding;
                    (B) that has a documented history of coastal 
                erosion or frequent coastal inundation during that 10-
                year period; or
                    (C) which include communities that may not have 
                adequate resources to prepare for or respond to coastal 
                hazards, including low income communities, communities 
                of color, Tribal communities, and rural communities.
            (4) Minimum standards.--
                    (A) In general.--The Administrator shall develop 
                minimum standards to be used in selecting eligible 
                entities to receive grants under this section, taking 
                into account--
                            (i) the considerations described in 
                        paragraph (2);
                            (ii) the need for such standards to be 
                        general enough to accommodate concerns relating 
                        to specific project sites; and
                            (iii) the consideration of an established 
                        eligible entity program with systems to 
                        disburse funding from a single grant to support 
                        multiple small-scale projects.
                    (B) Consultations.--In developing standards under 
                subparagraph (A), the Administrator--
                            (i) shall consult with relevant offices of 
                        the National Oceanic and Atmospheric 
                        Administration, such as the Office of Habitat 
                        Conservation, the Office for Coastal 
                        Management, and the Restoration Center; and
                            (ii) may consult with--
                                    (I) relevant interagency councils, 
                                such as the Estuary Habitat Restoration 
                                Council;
                                    (II) Tribes and Tribal 
                                organizations;
                                    (III) State coastal management 
                                agencies; and
                                    (IV) relevant nongovernmental 
                                organizations.
    (d) 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 standards issued by the Administrator under subsection 
        (f)(2); and
            (3) to incentivize landowners to engage in living shoreline 
        projects.
    (e) Cost-Sharing.--
            (1) In general.--Except as provided in paragraph (2), an 
        eligible entity that receives a grant under this section to 
        carry out a living shoreline project shall provide, from non-
        Federal sources, funds or other resources (such as land or 
        conservation easements or in-kind matching from private 
        entities) valued at not less than 50 percent of the total cost, 
        including administrative costs, of the project.
            (2) Reduced matching requirement for certain communities.--
        The Administrator may reduce or waive the matching requirement 
        under paragraph (1) for an eligible entity representing a 
        community or nonprofit organization if--
                    (A) the eligible entity submits to the 
                Administrator in writing--
                            (i) a request for such a reduction and the 
                        amount of the reduction; and
                            (ii) a justification for why the entity 
                        cannot meet the matching requirement; and
                    (B) the Administrator agrees with the 
                justification.
    (f) Monitoring and Reporting.--
            (1) In general.--The Administrator shall require each 
        eligible entity receiving a grant under this section (or a 
        representative of the entity) to carry out a living shoreline 
        project--
                    (A) to transmit to the Administrator data collected 
                under the project;
                    (B) to monitor the project and to collect data on--
                            (i) the ecological benefits of the project 
                        and the protection provided by the project for 
                        the coastal community where the project is 
                        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; or
                                    (VI) such other forms of coastal 
                                protection as the Administrator 
                                considers appropriate; and
                            (ii) the performance of the project in 
                        providing such protection;
                    (C) to make data collected under the project 
                available on a publicly accessible internet website of 
                the National Oceanic and Atmospheric Administration; 
                and
                    (D) not later than 1 year after the entity receives 
                the grant, and annually thereafter until the completion 
                of the project, to submit to the Administrator a report 
                on--
                            (i) the measures described in subparagraph 
                        (B); 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.
            (2) Guidelines.--In developing guidelines relating to 
        paragraph (1)(C), the Administrator shall consider how 
        additional data could safely be collected before and after 
        major disasters or severe weather events to measure project 
        performance and project recovery.
            (3) Standards.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Administrator 
                shall, in consultation with relevant offices of the 
                National Oceanic and Atmospheric Administration, 
                relevant interagency councils, and relevant 
                nongovernmental organizations, issue standards for the 
                monitoring, collection, and reporting under subsection 
                (d)(2) of data regarding the performance of living 
                shoreline projects for which grants are awarded under 
                this section.
                    (B) Reporting.--The standards issued under 
                subparagraph (A) shall require an eligible entity 
                receiving a grant under this section to report the data 
                described in that subparagraph to the Administrator on 
                a regular basis.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 to the Administrator for each of fiscal years 
2020 through 2025 for purposes of carrying out this section.
    (h) Minimum Required Funds for Shoreline Projects Located Within 
the Great Lakes.--The Secretary shall make not less than 10 percent of 
the funds awarded under this section to projects located in the Great 
Lakes.
    (i) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) A unit of a State or local government.
                    (B) 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.
                    (C) An Indian Tribe (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 5304)).
            (3) Living shoreline project.--The term ``living shoreline 
        project''--
                    (A) means a project that--
                            (i) restores or stabilizes a shoreline, 
                        including marshes, wetlands, and other 
                        vegetated areas that are part of the shoreline 
                        ecosystem, by using natural materials and 
                        systems to create buffers to attenuate the 
                        impact of coastal storms, currents, flooding, 
                        and wave energy and to prevent or minimize 
                        shoreline erosion while supporting coastal 
                        ecosystems and habitats;
                            (ii) incorporates as many natural elements 
                        as possible, such as native wetlands, submerged 
                        aquatic plants, corals, oyster shells, native 
                        grasses, shrubs, or trees;
                            (iii) utilizes techniques that incorporate 
                        ecological and coastal engineering principles 
                        in shoreline stabilization; and
                            (iv) to the extent possible, maintains or 
                        restores existing natural slopes and 
                        connections between uplands and adjacent 
                        wetlands or surface waters;
                    (B) may include the use of--
                            (i) natural elements, such as sand, wetland 
                        plants, logs, oysters or other shellfish, 
                        submerged aquatic vegetation, corals, native 
                        grasses, shrubs, trees, or coir fiber logs;
                            (ii) project elements that provide 
                        ecological benefits to coastal ecosystems and 
                        habitats in addition to shoreline protection; 
                        and
                            (iii) structural materials, such as stone, 
                        concrete, wood, vinyl, oyster domes, or other 
                        approved engineered structures in combination 
                        with natural materials; and
                    (C) may include a project that expands upon or 
                restores natural living shorelines or existing living 
                shoreline projects.
            (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. 103. WORKING WATERFRONTS GRANT PROGRAM.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
amended by adding at the end the following:

``SEC. 321. WORKING WATERFRONTS GRANT PROGRAM.

    ``(a) Working Waterfront Task Force.--
            ``(1) Establishment and functions.--The Secretary of 
        Commerce shall establish a task force to work directly with 
        coastal States, user groups, and coastal stakeholders to 
        identify and address critical needs with respect to working 
        waterfronts.
            ``(2) Membership.--The members of the task force shall be 
        appointed by the Secretary of Commerce, and shall include--
                    ``(A) experts in the unique economic, social, 
                cultural, ecological, geographic, and resource concerns 
                of working waterfronts; and
                    ``(B) representatives from the National Oceanic and 
                Atmospheric Administration's Office of Coastal 
                Management, the United States Fish and Wildlife 
                Service, the Department of Agriculture, the 
                Environmental Protection Agency, the United States 
                Geological Survey, the Navy, the National Marine 
                Fisheries Service, the Economic Development Agency, and 
                such other Federal agencies as the Secretary considers 
                appropriate.
            ``(3) Functions.--The task force shall--
                    ``(A) identify and prioritize critical needs with 
                respect to working waterfronts in States that have a 
                management program approved by the Secretary of 
                Commerce pursuant to section 306, in the areas of--
                            ``(i) economic and cultural importance of 
                        working waterfronts to communities;
                            ``(ii) changing environments and threats 
                        working waterfronts face from environment 
                        changes, trade barriers, sea level rise, 
                        extreme weather events, ocean acidification, 
                        and harmful algal blooms; and
                            ``(iii) identifying working waterfronts and 
                        highlighting them within communities;
                    ``(B) outline options, in coordination with coastal 
                States and local stakeholders, to address such critical 
                needs, including adaptation and mitigation where 
                applicable;
                    ``(C) identify Federal agencies that are 
                responsible under existing law for addressing such 
                critical needs; and
                    ``(D) recommend Federal agencies best suited to 
                address any critical needs for which no agency is 
                responsible under existing law.
            ``(4) Information to be considered.--In identifying and 
        prioritizing policy gaps pursuant to paragraph (3), the task 
        force shall consider the findings and recommendations contained 
        in section VI of the report entitled `The Sustainable Working 
        Waterfronts Toolkit: Final Report', dated March 2013.
            ``(5) Report.--Not later than 18 months after the date of 
        the enactment of this section, the task force shall submit a 
        report to Congress on its findings.
            ``(6) Implementation.--The head of each Federal agency 
        identified in the report pursuant to paragraph (3)(C) shall 
        take such action as is necessary to implement the 
        recommendations contained in the report by not later than 1 
        year after the date of the issuance of the report.
    ``(b) Working Waterfront Grant Program.--
            ``(1) The Secretary shall establish a Working Waterfront 
        Grant Program, in cooperation with appropriate State, regional, 
        and other units of government, under which the Secretary may 
        make a grant to any coastal State for the purpose of 
        implementing a working waterfront plan approved by the 
        Secretary under subsection (c).
            ``(2) Subject to the availability of appropriations, the 
        Secretary shall award matching grants under the Working 
        Waterfronts Grant Program to coastal States with approved 
        working waterfront plans through a regionally equitable, 
        competitive funding process in accordance with the following:
                    ``(A) The Governor, or the lead agency designated 
                by the Governor for coordinating the implementation of 
                this section, where appropriate in consultation with 
                the appropriate local government, shall determine that 
                the application is consistent with the State's or 
                territory's approved coastal zone plan, program, and 
                policies prior to submission to the Secretary.
                    ``(B) In developing guidelines under this section, 
                the Secretary shall consult with coastal States, other 
                Federal agencies, and other interested stakeholders 
                with expertise in working waterfront planning.
                    ``(C) Coastal States may allocate grants to local 
                governments, agencies, or nongovernmental organizations 
                eligible for assistance under this section.
            ``(3) In awarding a grant to a coastal State, the Secretary 
        shall consider--
                    ``(A) the economic, cultural, and historical 
                significance of working waterfront to the coastal 
                State;
                    ``(B) the demonstrated working waterfront needs of 
                the coastal State as outlined by a working waterfront 
                plan approved for the coastal State under subsection 
                (c), and the value of the proposed project for the 
                implementation of such plan;
                    ``(C) the ability to successfully leverage funds 
                among participating entities, including Federal 
                programs, regional organizations, State and other 
                government units, landowners, corporations, or private 
                organizations;
                    ``(D) the potential for rapid turnover in the 
                ownership of working waterfront in the coastal State, 
                and where applicable the need for coastal States to 
                respond quickly when properties in existing or 
                potential working waterfront areas or public access 
                areas as identified in the working waterfront plan 
                submitted by the coastal State come under threat or 
                become available; and
                    ``(E) the impact of the working waterfront plan 
                approved for the coastal State under subsection (c) on 
                the coastal ecosystem and the users of the coastal 
                ecosystem.
            ``(4) The Secretary shall approve or reject an application 
        for such a grant within 60 days after receiving an application 
        for the grant.
    ``(c) Working Waterfront Plans.--
            ``(1) To be eligible for a grant under subsection (b), a 
        coastal State must submit and have approved by the Secretary a 
        comprehensive working waterfront plan in accordance with this 
        subsection, or be in the process of developing such a plan and 
        have an established working waterfront program at the State or 
        local level, or the Secretary determines that an existing 
        coastal land use plan for that State is in accordance with this 
        subsection.
            ``(2) Such plan--
                    ``(A) must provide for preservation and expansion 
                of access to coastal waters to persons engaged in 
                commercial fishing, recreational fishing and boating 
                businesses, aquaculture, boatbuilding, or other water-
                dependent, coastal-related business;
                    ``(B) shall include one or more of--
                            ``(i) an assessment of the economic, 
                        social, cultural, and historic value of working 
                        waterfront to the coastal State;
                            ``(ii) a description of relevant State and 
                        local laws and regulations affecting working 
                        waterfront in the geographic areas identified 
                        in the working waterfront plan;
                            ``(iii) identification of geographic areas 
                        where working waterfronts are currently under 
                        threat of conversion to uses incompatible with 
                        commercial and recreational fishing, 
                        recreational fishing and boating businesses, 
                        aquaculture, boatbuilding, or other water-
                        dependent, coastal-related business, and the 
                        level of that threat;
                            ``(iv) identification of geographic areas 
                        with a historic connection to working 
                        waterfronts where working waterfronts are not 
                        currently available, and, where appropriate, an 
                        assessment of the environmental impacts of any 
                        expansion or new development of working 
                        waterfronts on the coastal ecosystem;
                            ``(v) identification of other working 
                        waterfront needs including improvements to 
                        existing working waterfronts and working 
                        waterfront areas;
                            ``(vi) a strategic and prioritized plan for 
                        the preservation, expansion, and improvement of 
                        working waterfronts in the coastal State;
                            ``(vii) for areas identified under clauses 
                        (iii), (iv), (v), and (vi), identification of 
                        current availability and potential for 
                        expansion of public access to coastal waters;
                            ``(viii) a description of the degree of 
                        community support for such strategic plan; and
                            ``(ix) a contingency plan for properties 
                        that revert to the coastal State pursuant to 
                        determinations made by the coastal State under 
                        subsection (g)(4)(C);
                    ``(C) may include detailed environmental impacts on 
                working waterfronts, including hazards, sea level rise, 
                inundation exposure, and other resiliency issues;
                    ``(D) may be part of the management program 
                approved under section 306;
                    ``(E) shall utilize to the maximum extent 
                practicable existing information contained in relevant 
                surveys, plans, or other strategies to fulfill the 
                information requirements under this paragraph; and
                    ``(F) shall incorporate the policies and 
                regulations adopted by communities under local working 
                waterfront plans or strategies in existence before the 
                date of the enactment of this section.
            ``(3) A working waterfront plan--
                    ``(A) shall be effective for purposes of this 
                section for the 5-year period beginning on the date it 
                is approved by the Secretary;
                    ``(B) must be updated and re-approved by the 
                Secretary before the end of such period; and
                    ``(C) shall be complimentary to and incorporate the 
                policies and objectives of regional or local working 
                waterfront plans as in effect before the date of 
                enactment of this section or as subsequently revised.
            ``(4) The Secretary may--
                    ``(A) award planning grants to coastal States for 
                the purpose of developing or revising comprehensive 
                working waterfront plans; and
                    ``(B) award grants consistent with the purposes of 
                this section to States undertaking the working 
                waterfront planning process under this section, for the 
                purpose of preserving and protecting working 
                waterfronts during such process.
            ``(5) Any coastal State applying for a working waterfront 
        grant under this title shall--
                    ``(A) develop a working waterfront plan, using a 
                process that involves the public and those with an 
                interest in the coastal zone;
                    ``(B) coordinate development and implementation of 
                such a plan with other coastal management programs, 
                regulations, and activities of the coastal State; and
                    ``(C) if the coastal State allows qualified holders 
                (other than the coastal State) to enter into working 
                waterfront covenants, provide as part of the working 
                waterfront plan under this subsection a mechanism or 
                procedure to ensure that the qualified holders are 
                complying their duties to enforce the working 
                waterfront covenant.
    ``(d) Uses, Terms, and Conditions.--
            ``(1) Each grant made by the Secretary under this section 
        shall be subject to such terms and conditions as may be 
        appropriate to ensure that the grant is used for purposes 
        consistent with this section.
            ``(2) A grant under this section may be used--
                    ``(A) to acquire a working waterfront, or an 
                interest in a working waterfront;
                    ``(B) to make improvements to a working waterfront, 
                including the construction or repair of wharfs, boat 
                ramps, or related facilities; or
                    ``(C) for necessary climate adaptation mitigation.
    ``(e) Public Access Requirement.--A working waterfront project 
funded by grants made under this section must provide for expansion, 
improvement, or preservation of reasonable and appropriate public 
access to coastal waters at or in the vicinity of a working waterfront, 
except for commercial fishing or other industrial access points where 
the coastal State determines that public access would be unsafe.
    ``(f) Limitations.--
            ``(1) Except as provided in paragraph (2), a grant awarded 
        under this section may be used to purchase working waterfront 
        or an interest in working waterfront, including an easement, 
        only from a willing seller and at fair market value.
            ``(2) A grant awarded under this section may be used to 
        acquire working waterfront or an interest in working waterfront 
        at less than fair market value only if the owner certifies to 
        the Secretary that the sale is being entered into willingly and 
        without coercion.
            ``(3) No Federal, State, or local entity may exercise the 
        power of eminent domain to secure title to any property or 
        facilities in connection with a project carried out under this 
        section.
    ``(g) Allocation of Grants to Local Governments and Other 
Entities.--
            ``(1) The Secretary shall encourage coastal States to 
        broadly allocate amounts received as grants under this section 
        among working waterfronts identified in working waterfront 
        plans approved under subsection (c).
            ``(2) Subject to the approval of the Secretary, a coastal 
        State may, as part of an approved working waterfront plan, 
        designate as a qualified holder any unit of State or local 
        government or nongovernmental organization, if the coastal 
        State is ultimately responsible for ensuring that the property 
        will be managed in a manner that is consistent with the 
        purposes for which the land entered into the program.
            ``(3) A coastal State or a qualified holder designated by a 
        coastal State may allocate to a unit of local government, 
        nongovernmental organization, fishing cooperative, or other 
        entity, a portion of any grant made under this section for the 
        purpose of carrying out this section, except that such an 
        allocation shall not relieve the coastal State of the 
        responsibility for ensuring that any funds so allocated are 
        applied in furtherance of the coastal State's approved working 
        waterfront plan.
            ``(4) A qualified holder may hold title to or interest in 
        property acquired under this section, except that--
                    ``(A) all persons holding title to or interest in 
                working waterfront affected by a grant under this 
                section, including a qualified holder, private citizen, 
                private business, nonprofit organization, fishing 
                cooperative, or other entity, shall enter into a 
                working waterfront covenant;
                    ``(B) such covenant shall be held by the coastal 
                State or a qualified holder designated under paragraph 
                (2);
                    ``(C) if the coastal State determines, on the 
                record after an opportunity for a hearing, that the 
                working waterfront covenant has been violated--
                            ``(i) all right, title, and interest in and 
                        to the working waterfront covered by such 
                        covenant shall, except as provided in 
                        subparagraph (D), revert to the coastal State; 
                        and
                            ``(ii) the coastal State shall have the 
                        right of immediate entry onto the working 
                        waterfront;
                    ``(D) if a coastal State makes a determination 
                under subparagraph (C), the coastal State may convey or 
                authorize the qualified holder to convey the working 
                waterfront or interest in working waterfront to another 
                qualified holder; and
                    ``(E) nothing in this subsection waives any legal 
                requirement under any Federal or State law.
    ``(h) Matching Contributions.--
            ``(1) Except as provided in paragraph (2), the Secretary 
        shall require that each coastal State that receives a grant 
        under this section, or a qualified holder designated by that 
        coastal State under subsection (g), shall provide matching 
        funds in an amount equal to at least 25 percent of the total 
        cost of the project carried out with the grant.
            ``(2) The Secretary may waive the application of paragraph 
        (1) for any qualified holder that is an underserved community, 
        a community that has an inability to draw on other sources of 
        funding because of the small population or low income of the 
        community, or for other reasons the Secretary considers 
        appropriate.
            ``(3) A local community designated as a qualified holder 
        under subsection (g) may utilize funds or other in-kind 
        contributions donated by a nongovernmental partner to satisfy 
        the matching funds requirement under this subsection.
            ``(4) As a condition of receipt of a grant under this 
        section, the Secretary shall require that a coastal State 
        provide to the Secretary such assurances as the Secretary 
        determines are sufficient to demonstrate that the share of the 
        cost of each eligible project that is not funded by the grant 
        awarded under this section has been secured.
            ``(5) If financial assistance under this section represents 
        only a portion of the total cost of a project, funding from 
        other Federal sources may be applied to the cost of the 
        project. Each portion shall be subject to match requirements 
        under the applicable provision of law.
            ``(6) The Secretary shall treat as non-Federal match the 
        value of a working waterfront or interest in a working 
        waterfront, including conservation and other easements, that is 
        held in perpetuity by a qualified holder, if the working 
        waterfront or interest is identified in the application for the 
        grant and acquired by the qualified holder within 3 years of 
        the grant award date, or within 3 years after the submission of 
        the application and before the end of the grant award period. 
        Such value shall be determined by an appraisal performed at 
        such time before the award of the grant as the Secretary 
        considers appropriate.
            ``(7) The Secretary shall treat as non-Federal match the 
        costs associated with acquisition of a working waterfront or an 
        interest in a working waterfront, and the costs of restoration, 
        enhancement, or other improvement to a working waterfront, if 
        the activities are identified in the project application and 
        the costs are incurred within the period of the grant award, 
        or, for working waterfront described in paragraph (6), within 
        the same time limits described in that paragraph. These costs 
        may include either cash or in-kind contributions.
    ``(i) Limit on Administrative Costs.--No more than 5 percent of the 
funds made available to the Secretary under this section may be used by 
the Secretary for planning or administration of the program under this 
section.
    ``(j) Other Technical and Financial Assistance.--
            ``(1) Up to 5 percent of the funds appropriated under this 
        section shall be used by the Secretary for purposes of 
        providing technical assistance as described in this subsection.
            ``(2) The Secretary shall--
                    ``(A) provide technical assistance to coastal 
                States and local governments in identifying and 
                obtaining other sources of available Federal technical 
                and financial assistance for the development and 
                revision of a working waterfront plan and the 
                implementation of an approved working waterfront plan;
                    ``(B) provide technical assistance to States and 
                local governments for the development, implementation, 
                and revision of comprehensive working waterfront plans, 
                which may include, subject to the availability of 
                appropriations, planning grants and assistance, pilot 
                projects, feasibility studies, research, and other 
                projects necessary to further the purposes of this 
                section;
                    ``(C) assist States in developing other tools to 
                protect working waterfronts;
                    ``(D) collect and disseminate to States guidance 
                for best storm water management practices in regards to 
                working waterfronts;
                    ``(E) provide technical assistance to States and 
                local governments on integrating resilience planning 
                into working waterfront preservation efforts; and
                    ``(F) collect and disseminate best practices on 
                working waterfronts and resilience planning.
    ``(k) Reports.--
            ``(1) The Secretary shall--
                    ``(A) develop performance measures to evaluate and 
                report on the effectiveness of the program under this 
                section in accomplishing the purpose of this section; 
                and
                    ``(B) submit to Congress a biennial report that 
                includes such evaluations, an account of all 
                expenditures, and descriptions of all projects carried 
                out using grants awarded under this section.
            ``(2) The Secretary may submit the biennial report under 
        paragraph (1)(B) by including it in the biennial report 
        required under section 316.
    ``(l) Definitions.--In this section:
            ``(1) The term `qualified holder' means a coastal State or 
        a unit of local or coastal State government or a non-State 
        organization designated by a coastal State under subsection 
        (g).
            ``(2) The term `Secretary' means the Secretary, acting 
        through the National Oceanic and Atmospheric Administration.
            ``(3) The term `working waterfront' means real property 
        (including support structures over water and other facilities) 
        that provides access to coastal waters to persons engaged in 
        commercial and recreational fishing, recreational fishing and 
        boating businesses, boatbuilding, aquaculture, or other water-
        dependent, coastal-related business and is used for, or that 
        supports, commercial and recreational fishing, recreational 
        fishing and boating businesses, boatbuilding, aquaculture, or 
        other water-dependent, coastal-related business.
            ``(4) The term `working waterfront covenant' means an 
        agreement in recordable form between the owner of working 
        waterfront and one or more qualified holders, that provides 
        such assurances as the Secretary may require that--
                    ``(A) the title to or interest in the working 
                waterfront will be held by a grant recipient or 
                qualified holder in perpetuity, except as provided in 
                subparagraph (C);
                    ``(B) the working waterfront will be managed in a 
                manner that is consistent with the purposes for which 
                the property is acquired pursuant to this section, and 
                the property will not be converted to any use that is 
                inconsistent with the purpose of this section;
                    ``(C) if the title to or interest in the working 
                waterfront is sold or otherwise exchanged--
                            ``(i) all working waterfront owners and 
                        qualified holders involved in such sale or 
                        exchange shall accede to such agreement; and
                            ``(ii) funds equal to the fair market value 
                        of the working waterfront or interest in 
                        working waterfront shall be paid to the 
                        Secretary by parties to the sale or exchange, 
                        and such funds shall, at the discretion of the 
                        Secretary, be paid to the coastal State in 
                        which the working waterfront is located for use 
                        in the implementation of the working waterfront 
                        plan of the State approved by the Secretary 
                        under this section; and
                    ``(D) such covenant is subject to enforcement and 
                oversight by the coastal State or by another person as 
                determined appropriate by the Secretary.
    ``(m) Authorization of Appropriations.--There is authorized to be 
appropriated to the Grant Program $12,000,000 for each of fiscal years 
2020 through 2024.''.

SEC. 104. WORKING WATERFRONTS PRESERVATION FUND; GRANTS.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
further amended by adding at the end the following:

``SEC. 322. WORKING WATERFRONTS PRESERVATION LOAN FUND.

    ``(a) Fund.--There is established in the Treasury a separate 
account that shall be known as the `Working Waterfronts Preservation 
Loan Fund' (in this section referred to as the `Fund').
    ``(b) Use.--
            ``(1) Subject to the availability of appropriations, 
        amounts in the Fund may be used by the Secretary to make loans 
        to coastal States for the purpose of implementing a working 
        waterfront plan approved by the Secretary under section 321(c) 
        through preservation, improvement, restoration, rehabilitation, 
        acquisition of working waterfront properties under criteria 
        established by the Secretary.
            ``(2) Upon enactment of this section, the Secretary of 
        Commerce shall conduct a feasibility study on the 
        administration of the development and management of a Working 
        Waterfronts Preservation Loan Fund.
            ``(3) Upon the completion of the study under paragraph (2), 
        the Secretary shall establish a fund in accordance with the 
        results of that study, and establish such criteria as 
        referenced in subsection (c) in consultation with States that 
        have a management program approved by the Secretary of Commerce 
        pursuant to section 306 and local government coastal management 
        programs.
    ``(c) Award Criteria.--The Secretary shall award loans under this 
section through a regionally equitable, competitive funding process, 
and in accordance with the following:
            ``(1) The Governor, or the lead agency designated by the 
        Governor for coordinating the implementation of this section, 
        where appropriate in consultation with the appropriate local 
        government, shall determine that an application for a loan is 
        consistent with the State's approved coastal zone plan, 
        program, and policies prior to submission to the Secretary.
            ``(2) In developing guidelines under this section, the 
        Secretary shall consult with coastal States, other Federal 
        agencies, and other interested stakeholders with expertise in 
        working waterfront planning.
            ``(3) Coastal States may allocate amounts loaned under this 
        section to local governments, agencies, or nongovernmental 
        organizations eligible for loans under this section.
            ``(4) In awarding a loan for activities in a coastal State, 
        the Secretary shall consider--
                    ``(A) the economic and cultural significance of 
                working waterfront to the coastal State;
                    ``(B) the demonstrated working waterfront needs of 
                the coastal State as outlined by a working waterfront 
                plan approved for the coastal State under section 
                321(c), and the value of the proposed loan for the 
                implementation of such plan;
                    ``(C) the ability to successfully leverage loan 
                funds among participating entities, including Federal 
                programs, regional organizations, State and other 
                government units, landowners, corporations, or private 
                organizations;
                    ``(D) the potential for rapid turnover in the 
                ownership of working waterfront in the coastal State, 
                and where applicable the need for coastal States to 
                respond quickly when properties in existing or 
                potential working waterfront areas or public access 
                areas as identified in the working waterfront plan 
                submitted by the coastal State come under threat or 
                become available;
                    ``(E) the impact of the loan on the coastal 
                ecosystem and the users of the coastal ecosystem; and
                    ``(F) the extent of the historic connection between 
                working waterfronts for which the loan will be used and 
                the local communities within the coastal State.
    ``(d) Loan Amount and Terms.--
            ``(1) The amount of a loan under this section--
                    ``(A) shall be not less than $100,000; and
                    ``(B) shall not exceed 15 percent of the amount in 
                the Fund as of July 1 of the fiscal year in which the 
                loan is made.
            ``(2) The interest rate for a loan under this section shall 
        not exceed 4 percent.
            ``(3) The repayment term for a loan under this section 
        shall not exceed 20 years.
    ``(e) Deadline for Approval.--The Secretary shall approve or reject 
an application for a loan under this section within 60 days after 
receiving an application for the loan.
    ``(f) Limit on Administrative Costs.--No more than 5 percent of the 
funds made available to the Secretary under this section may be used by 
the Secretary for planning or administration of the program under this 
section.
    ``(g) Definitions.--The definitions in section 321(l) shall apply 
to this section.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund $12,000,000 for each of fiscal years 2020 
through 2024.''.

SEC. 105. ELIGIBILITY OF DISTRICT OF COLUMBIA FOR FEDERAL FUNDING UNDER 
              THE COASTAL ZONE MANAGEMENT ACT OF 1972.

    Section 304(4) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1453(4)) is amended by inserting ``the District of Columbia,'' 
after ``the term also includes''.

SEC. 106. CLIMATE CHANGE PREPAREDNESS IN THE COASTAL ZONE.

    (a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.) is amended by adding at the end the following:

``SEC. 323. CLIMATE CHANGE ADAPTATION PREPAREDNESS AND RESPONSE 
              PROGRAM.

    ``(a) In General.--The Secretary shall establish, consistent with 
the national policies set forth in section 303, a coastal climate 
change adaptation preparedness and response program to--
            ``(1) provide assistance to coastal States to voluntarily 
        develop coastal climate change adaptation plans, pursuant to 
        approved management programs approved under section 306, to 
        minimize contributions to climate change and to prepare for and 
        reduce the negative consequences that may result from climate 
        change in the coastal zone; and
            ``(2) provide financial and technical assistance and 
        training to enable coastal States to implement plans developed 
        pursuant to this section through coastal States' enforceable 
        policies.
    ``(b) Coastal Climate Change Adaptation Planning and Preparedness 
Grants.--
            ``(1) In general.--The Secretary, subject to the 
        availability of appropriations, may make a grant to any coastal 
        State for the purpose of developing climate change adaptation 
        plans pursuant to guidelines issued by the Secretary under 
        paragraph (8).
            ``(2) Plan content.--A plan developed with a grant under 
        this subsection shall include the following:
                    ``(A) Identification of public facilities and 
                public services, working waterfronts, coastal resources 
                of national significance, coastal waters, energy 
                facilities, or other land and water uses located in the 
                coastal zone that are likely to be impacted by climate 
                change.
                    ``(B) Adaptive management strategies for land use 
                to respond or adapt to changing environmental 
                conditions, including strategies to combat invasive 
                species, protect biodiversity, protect water quality, 
                and establish habitat buffer zones, migration 
                corridors, and climate refugia.
                    ``(C) Adaptive management strategies for ocean-
                based ecosystems and resources, including strategies to 
                plan for and respond to geographic or temporal shifts 
                in marine resources, to create protected areas that 
                will provide climate refugia, and to maintain and 
                restore ocean ecosystem function.
                    ``(D) Adaptive management strategies for Great 
                Lakes ecosystems and resources, including strategies to 
                support freshwater fisheries, monitor ice cover, manage 
                phosphorous and nitrogen chemical loads, minimize 
                invasive species and harmful blooms of algae, and 
                create protected areas to maintain Great Lakes 
                ecosystems.
                    ``(E) Requirements to initiate and maintain long-
                term monitoring of environmental change to assess 
                coastal zone adaptation and to adjust when necessary 
                adaptive management strategies and new planning 
                guidelines to attain the policies under section 303.
                    ``(F) A description of how the plan will address 
                the impact of climate change affecting coastal 
                communities will have on nearby Tribes, Tribal 
                communities, and low-income or low-resource communities 
                and how those stakeholders will be included in and 
                informed about the development of the plan.
                    ``(G) Other information considered necessary by the 
                Secretary to identify the full range of climate change 
                impacts affecting coastal communities.
            ``(3) State hazard mitigation plans.--Plans developed with 
        a grant under this subsection shall be consistent with State 
        hazard mitigation plans and natural disaster response and 
        recovery programs developed under State or Federal law.
            ``(4) Allocation.--Grants under this subsection shall be 
        available only to coastal States with management programs 
        approved by the Secretary under section 306 and shall be 
        allocated among such coastal States in a manner consistent with 
        regulations promulgated pursuant to section 306(c).
            ``(5) Priority.--In the awarding of grants under this 
        subsection, the Secretary may give priority to any coastal 
        State that has received grant funding to develop program 
        changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), 
        and (8) of section 309(a).
            ``(6) Technical assistance.--The Secretary may provide 
        technical assistance to a coastal State consistent with section 
        310 to ensure the timely development of plans supported by 
        grants awarded under this subsection.
            ``(7) Federal approval.--In order to be eligible for a 
        grant under subsection (c), a coastal State must have its plan 
        developed under this subsection approved by the Secretary.
            ``(8) Guidelines.--Within 180 days after the date of 
        enactment of this section, the Secretary, in consultation with 
        the coastal States, shall issue guidelines for the 
        implementation of the grant program established under this 
        subsection.
    ``(c) Coastal Climate Change Adaptation Project Implementation 
Grants.--
            ``(1) In general.--The Secretary, subject to the 
        availability of appropriations, may make grants to any coastal 
        State that has a climate change adaptation plan approved under 
        subsection (b)(7), in order to support projects that implement 
        strategies contained within such plans.
            ``(2) Program requirements.--The Secretary, within 90 days 
        after approval of the first plan approved under subsection 
        (b)(7), shall publish in the Federal Register requirements 
        regarding applications, allocations, eligible activities, and 
        all terms and conditions for grants awarded under this 
        subsection. No less than 30 percent, and no more than 50 
        percent, of the funds appropriated in any fiscal year for 
        grants under this subsection shall be awarded through a merit-
        based competitive process.
            ``(3) Eligible activities.--The Secretary may award grants 
        to coastal States to implement projects in the coastal zone to 
        address stress factors in order to improve coastal climate 
        change adaptation, including the following:
                    ``(A) Activities to address physical disturbances 
                within the coastal zone, especially activities related 
                to public facilities and public services, tourism, 
                sedimentation, ocean acidification, coastal 
                acidification, hypoxia, harmful algal blooms, and other 
                factors negatively impacting coastal waters.
                    ``(B) Monitoring, control, or eradication of 
                disease organisms and invasive species.
                    ``(C) Activities to address the loss, degradation, 
                or fragmentation of wildlife habitat through projects 
                to establish or protect marine, avian, and terrestrial 
                habitat buffers, wildlife refugia, other wildlife 
                refuges, or networks thereof, preservation of migratory 
                wildlife corridors and other transition zones, and 
                restoration of fish, avian, and wildlife habitat.
                    ``(D) Projects to reduce, mitigate, or otherwise 
                address likely impacts caused by natural hazards in the 
                coastal zone, including sea level rise, coastal 
                inundation, storm water management, coastal erosion and 
                subsidence, severe weather events such as cyclonic 
                storms, tsunamis and other seismic threats, and 
                fluctuating Great Lakes water levels. The Secretary 
                shall give priority to projects that utilize green 
                infrastructure solutions.
                    ``(E) Projects to adapt existing infrastructure, 
                including enhancements to both built and natural 
                environments, such as sea walls and living shorelines.
                    ``(F) Provision of technical training and 
                assistance to local coastal policy makers to increase 
                awareness of science, management, and technology 
                information related to climate change and adaptation 
                strategies.
                    ``(G) Projects to assess the impact on coastal 
                resiliency of water level regulating practices on the 
                Great Lakes.
                    ``(H) Activities or projects to address the 
                immediate and long-term degradation or loss of coral 
                and coral reefs in response to bacteria, fungi, 
                viruses, increased sea surface temperatures, 
                ultraviolet radiation, and pollutants.
            ``(4) Promotion and use of national estuarine research 
        reserves.--The Secretary shall promote and encourage the use of 
        National Estuarine Research Reserves as sites for pilot or 
        demonstration projects carried out with grants awarded under 
        this section.''.
    (b) Authorization of Appropriations.--Section 318(a) of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1464(a)) is amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) for grants under section 323, such sums as are 
        necessary.''.
    (c) Intent of Congress.--Nothing in this section shall be construed 
to require any coastal State to amend or modify its approved management 
program pursuant to section 306(e) of the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1455(e)) or to extend the enforceable policies of a 
coastal State beyond the coastal zone as identified in the coastal 
State's approved management program.

SEC. 107. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS OF 
              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR GREAT 
              LAKES.

    (a) Update Required Environmental Sensitivity Index Products for 
Great Lakes.--Not later than 180 days after the date of the enactment 
of this Act, the Under Secretary for Oceans and Atmosphere shall 
commence updating the environmental sensitivity index products of the 
National Oceanic and Atmospheric Administration for each coastal area 
of the Great Lakes.
    (b) Periodic Updates for Environmental Sensitivity Index Products 
Generally.--Subject to the availability of appropriations and the 
priorities set forth in subsection (c), the Under Secretary shall--
            (1) periodically update the environmental sensitivity index 
        products of the Administration; and
            (2) endeavor to do so not less frequently than once every 7 
        years.
    (c) Priorities.--When prioritizing geographic areas to update 
environmental sensitivity index products, the Under Secretary shall 
consider--
            (1) the age of existing environmental sensitivity index 
        products for the areas;
            (2) the occurrence of extreme events, be it natural or man-
        made, which have significantly altered the shoreline or 
        ecosystem since the last update;
            (3) the natural variability of shoreline and coastal 
        environment; and
            (4) the volume of vessel traffic and general vulnerability 
        to spilled pollutants.
    (d) Environmental Sensitivity Index Product Defined.--In this 
subsection, the term ``environmental sensitivity index product'' means 
a map or similar tool that is utilized to identify sensitive shoreline, 
coastal or offshore, resources prior to an oil spill event in order to 
set baseline priorities for protection and plan cleanup strategies, 
typically including information relating to shoreline type, biological 
resources, and human use resources.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Under Secretary $7,500,000 to carry out subsection (a).
            (2) Availability.--Amounts appropriated or otherwise made 
        available pursuant to paragraph (1) shall be available to the 
        Under Secretary for the purposes set forth in such paragraph 
        until expended.

SEC. 108. PRIZE COMPETITIONS.

    (a) In General.--The Secretary may carry out a program to award 
prizes competitively under section 24 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3719), for the purpose 
described in subsection (b).
    (b) Purpose.--The purpose described in this subsection is to 
stimulate innovation to advance the following coastal risk reduction 
and resilience measures:
            (1) Natural features, including dunes, reefs, and wetlands.
            (2) Nature-based features, including beach nourishment, 
        dune restoration, wetland and other coastal habitat 
        restoration, and living shoreline construction.
            (3) Nonstructural measures, including flood proofing of 
        structures, flood warning systems, and elevated development.

SEC. 109. CATALOG OF RESEARCH ON APPLICABLE COASTAL RISK REDUCTION AND 
              RESILIENCE MEASURES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Commerce, acting through the 
Administrator, shall--
            (1) identify all Department of Commerce research activities 
        regarding applicable coastal risk reduction and resilience 
        measures;
            (2) consult with the heads of other Federal agencies to 
        identify what activities, if any, those Federal agencies are 
        conducting regarding applicable coastal risk reduction and 
        resilience measures;
            (3) evaluate the effectiveness of the activities identified 
        under paragraphs (1) and (2); and
            (4) appoint one or more officers or employees of the 
        National Oceanic and Atmospheric Administration to liaise with 
        non-Federal entities conducting research related to applicable 
        coastal risk reduction and resilience measures in order to 
        eliminate redundancies, cooperate for common climate research 
        goals, and to make research findings readily available to the 
        public.
    (b) Definition Of Applicable Coastal Risk Reduction And Resilience 
Measures.--In this section, the term ``applicable coastal risk 
reduction and resilience measures'' means natural features, nature-
based features, or nonstructural measures.

              TITLE II--FISHERY RESEARCH AND CONSERVATION

  Subtitle A--National Fish Habitat Conservation Through Partnerships

SEC. 201. PURPOSE.

    The purpose of this subtitle is to encourage partnerships among 
public agencies and other interested persons to promote fish 
conservation--
            (1) to achieve measurable habitat conservation results 
        through strategic actions of Fish Habitat Partnerships that 
        lead to better fish habitat conditions and increased fishing 
        opportunities by--
                    (A) improving ecological conditions;
                    (B) restoring natural processes; or
                    (C) preventing the decline of intact and healthy 
                systems;
            (2) to establish a consensus set of national conservation 
        strategies as a framework to guide future actions and 
        investment by Fish Habitat Partnerships;
            (3) to broaden the community of support for fish habitat 
        conservation by--
                    (A) increasing fishing opportunities;
                    (B) fostering the participation of local 
                communities, especially young people in local 
                communities, in conservation activities; and
                    (C) raising public awareness of the role healthy 
                fish habitat play in the quality of life and economic 
                well-being of local communities;
            (4) to fill gaps in the National Fish Habitat Assessment 
        and the associated database of the National Fish Habitat 
        Assessment--
                    (A) to empower strategic conservation actions 
                supported by broadly available scientific information; 
                and
                    (B) to integrate socioeconomic data in the analysis 
                to improve the lives of humans in a manner consistent 
                with fish habitat conservation goals; and
            (5) to communicate to the public and conservation 
        partners--
                    (A) the conservation outcomes produced collectively 
                by Fish Habitat Partnerships; and
                    (B) new opportunities and voluntary approaches for 
                conserving fish habitat.

SEC. 202. DEFINITIONS.

    In this subtitle:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment and 
                Public Works of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Board.--The term ``Board'' means the National Fish 
        Habitat Board established by section 203.
            (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (4) Environmental protection agency assistant 
        administrator.--The term ``Environmental Protection Agency 
        Assistant Administrator'' means the Assistant Administrator for 
        Water of the Environmental Protection Agency.
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given to the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (6) National oceanic and atmospheric administration 
        assistant administrator.--The term ``National Oceanic and 
        Atmospheric Administration Assistant Administrator'' means the 
        Assistant Administrator for Fisheries of the National Oceanic 
        and Atmospheric Administration.
            (7) Partnership.--The term ``Partnership'' means an entity 
        designated by Congress as a Fish Habitat Partnership under 
        section 204.
            (8) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                    (A) land; or
                    (B) water (including water rights).
            (9) Marine fisheries commissions.--The term ``Marine 
        Fisheries Commissions'' means--
                    (A) the Atlantic States Marine Fisheries 
                Commission;
                    (B) the Gulf States Marine Fisheries Commission; 
                and
                    (C) the Pacific States Marine Commission.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) State.--The term ``State'' means each of the several 
        States, Puerto Rico, American Samoa, Guam, the Northern Mariana 
        Islands, the United States Virgin Islands, and the District of 
        Columbia.
            (12) State agency.--The term ``State agency'' means--
                    (A) the fish and wildlife agency of a State; and
                    (B) any department or division of a department or 
                agency of a State that manages in the public trust the 
                inland or marine fishery resources of the State or 
                sustains the habitat for those fishery resources 
                pursuant to State law or the constitution of the State.

SEC. 203. NATIONAL FISH HABITAT BOARD.

    (a) Establishment.--
            (1) Fish habitat board.--There is established a board, to 
        be known as the ``National Fish Habitat Board'', whose duties 
        are--
                    (A) to promote, oversee, and coordinate the 
                implementation of this subtitle;
                    (B) to establish national goals and priorities for 
                fish habitat conservation;
                    (C) to recommend to Congress entities for 
                designation as Partnerships; and
                    (D) to review and make recommendations regarding 
                fish habitat conservation projects.
            (2) Membership.--The Board shall be composed of 26 members, 
        of whom--
                    (A) one shall be a representative of the Department 
                of the Interior;
                    (B) one shall be a representative of the United 
                States Geological Survey;
                    (C) one shall be a representative of the Department 
                of Commerce;
                    (D) one shall be a representative of the Department 
                of Agriculture;
                    (E) one shall be a representative of the 
                Association of Fish and Wildlife Agencies;
                    (F) four shall be representatives of State 
                agencies, one of whom shall be nominated by a regional 
                association of fish and wildlife agencies from each of 
                the Northeast, Southeast, Midwest, and Western regions 
                of the United States;
                    (G) two shall be representatives of either--
                            (i) Indian Tribes in the State of Alaska; 
                        or
                            (ii) Indian Tribes in States other than the 
                        State of Alaska;
                    (H) one shall be a representative of either--
                            (i) the Regional Fishery Management 
                        Councils established under section 302 of the 
                        Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1852); or
                            (ii) a representative of the Marine 
                        Fisheries Commissions;
                    (I) one shall be a representative of the 
                Sportfishing and Boating Partnership Council;
                    (J) seven shall be representatives selected from at 
                least one from each of the following:
                            (i) the recreational sportfishing industry;
                            (ii) the commercial fishing industry;
                            (iii) marine recreational anglers;
                            (iv) freshwater recreational anglers;
                            (v) habitat conservation organizations; and
                            (vi) science-based fishery organizations;
                    (K) one shall be a representative of a national 
                private landowner organization;
                    (L) one shall be a representative of an 
                agricultural production organization;
                    (M) one shall be a representative of local 
                government interests involved in fish habitat 
                restoration;
                    (N) two shall be representatives from different 
                sectors of corporate industries, which may include--
                            (i) natural resource commodity interests, 
                        such as petroleum or mineral extraction;
                            (ii) natural resource user industries; and
                            (iii) industries with an interest in fish 
                        and fish habitat conservation; and
                    (O) one shall be a leadership private sector or 
                landowner representative of an active partnership.
            (3) Compensation.--A member of the Board shall serve 
        without compensation.
            (4) Travel expenses.--A member of the Board may be allowed 
        travel expenses, including per diem in lieu of subsistence, at 
        rates authorized for an employee of an agency under subchapter 
        I of chapter 57 of title 5, United States Code, while away from 
        the home or regular place of business of the member in the 
        performance of the duties of the Board.
    (b) Appointment and Terms.--
            (1) In general.--Except as otherwise provided in this 
        section, a member of the Board described in any of 
        subparagraphs (F) through (O) of subsection (a)(2) shall serve 
        for a term of 3 years.
            (2) Initial board membership.--
                    (A) In general.--The initial Board shall consist of 
                representatives as described in subparagraphs (A) 
                through (F) of subsection (a)(2).
                    (B) Remaining members.--Not later than 60 days 
                after the date of enactment of this Act, the 
                representatives of the initial Board under subparagraph 
                (A) shall appoint the remaining members of the Board 
                described in subparagraphs (H) through (O) of 
                subsection (a)(2).
                    (C) Tribal representatives.--Not later than 60 days 
                after the enactment of this Act, the Secretary shall 
                provide to the Board a recommendation of not fewer than 
                three Tribal representatives, from which the Board 
                shall appoint one representative pursuant to 
                subparagraph (G) of subsection (a)(2).
            (3) Staggered terms.--Of the members described in 
        subsection (a)(2)(J) initially appointed to the Board--
                    (A) two shall be appointed for a term of 1 year;
                    (B) two shall be appointed for a term of 2 years; 
                and
                    (C) three shall be appointed for a term of 3 years.
            (4) Vacancies.--
                    (A) In general.--A vacancy of a member of the Board 
                described in subparagraph (H), (I), (J), (K), (L), (M), 
                (N), or (O) of subsection (a)(2) shall be filled by an 
                appointment made by the remaining members of the Board.
                    (B) Tribal representatives.--Following a vacancy of 
                a member of the Board described in subparagraph (G) of 
                subsection (a)(2), the Secretary shall recommend to the 
                Board a list of not fewer than three Tribal 
                representatives, from which the remaining members of 
                the Board shall appoint a representative to fill the 
                vacancy.
            (5) Continuation of service.--An individual whose term of 
        service as a member of the Board expires may continue to serve 
        on the Board until a successor is appointed.
            (6) Removal.--If a member of the Board described in any of 
        subparagraphs (H) through (O) of subparagraph (a)(2) misses 
        three consecutive regularly scheduled Board meetings, the 
        members of the Board may--
                    (A) vote to remove that member; and
                    (B) appoint another individual in accordance with 
                paragraph (4).
    (c) Chairperson.--
            (1) In general.--The representative of the Association of 
        Fish and Wildlife Agencies appointed under subsection (a)(2)(E) 
        shall serve as Chairperson of the Board.
            (2) Term.--The Chairperson of the Board shall serve for a 
        term of 3 years.
    (d) Meetings.--
            (1) In general.--The Board shall meet--
                    (A) at the call of the Chairperson; but
                    (B) not less frequently than twice each calendar 
                year.
            (2) Public access.--All meetings of the Board shall be open 
        to the public.
    (e) Procedures.--
            (1) In general.--The Board shall establish procedures to 
        carry out the business of the Board, including--
                    (A) a requirement that a quorum of the members of 
                the Board be present to transact business;
                    (B) a requirement that no recommendations may be 
                adopted by the Board, except by the vote of two-thirds 
                of all members;
                    (C) procedures for establishing national goals and 
                priorities for fish habitat conservation for the 
                purposes of this subtitle;
                    (D) procedures for designating Partnerships under 
                section 204; and
                    (E) procedures for reviewing, evaluating, and 
                making recommendations regarding fish habitat 
                conservation projects.
            (2) Quorum.--A majority of the members of the Board shall 
        constitute a quorum.

SEC. 204. FISH HABITAT PARTNERSHIPS.

    (a) Authority To Recommend.--The Board may recommend to Congress 
the designation of Fish Habitat Partnerships in accordance with this 
section.
    (b) Purposes.--The purposes of a Partnership shall be--
            (1) to work with other regional habitat conservation 
        programs to promote cooperation and coordination to enhance 
        fish populations and fish habitats;
            (2) to engage local and regional communities to build 
        support for fish habitat conservation;
            (3) to involve diverse groups of public and private 
        partners;
            (4) to develop collaboratively a strategic vision and 
        achievable implementation plan that is scientifically sound;
            (5) to leverage funding from sources that support local and 
        regional partnerships;
            (6) to use adaptive management principles, including 
        evaluation of project success and functionality;
            (7) to develop appropriate local or regional habitat 
        evaluation and assessment measures and criteria that are 
        compatible with national habitat condition measures; and
            (8) to implement local and regional priority projects that 
        improve conditions for fish and fish habitat.
    (c) Criteria for Designation.--An entity seeking to be designated 
by Congress as a Partnership shall--
            (1) submit to the Board an application at such time, in 
        such manner, and containing such information as the Board may 
        reasonably require; and
            (2) demonstrate to the Board that the entity has--
                    (A) a focus on promoting the health of important 
                fish and fish habitats;
                    (B) an ability to coordinate the implementation of 
                priority projects that support the goals and national 
                priorities set by the Board that are within the 
                Partnership boundary;
                    (C) a self-governance structure that supports the 
                implementation of strategic priorities for fish 
                habitat;
                    (D) the ability to develop local and regional 
                relationships with a broad range of entities to further 
                strategic priorities for fish and fish habitat;
                    (E) a strategic plan that details required 
                investments for fish habitat conservation that 
                addresses the strategic fish habitat priorities of the 
                Partnership and supports and meets the strategic 
                priorities of the Board;
                    (F) the ability to develop and implement fish 
                habitat conservation projects that address strategic 
                priorities of the Partnership and the Board; and
                    (G) the ability to develop fish habitat 
                conservation priorities based on sound science and 
                data, the ability to measure the effectiveness of fish 
                habitat projects of the Partnership, and a clear plan 
                as to how Partnership science and data components will 
                be integrated with the overall Board science and data 
                effort.
    (d) Requirements for Recommendation to Congress.--The Board may 
recommend to Congress for designation an application for a Partnership 
submitted under subsection (c) if the Board determines that the 
applicant--
            (1) meets the criteria described in subsection (c)(2);
            (2) identifies representatives to provide support and 
        technical assistance to the Partnership from a diverse group of 
        public and private partners, which may include State or local 
        governments, nonprofit entities, Indian Tribes, and private 
        individuals, that are focused on conservation of fish habitats 
        to achieve results across jurisdictional boundaries on public 
        and private land;
            (3) is organized to promote the health of important fish 
        species and important fish habitats, including reservoirs, 
        natural lakes, coastal and marine environments, coral reefs, 
        and estuaries;
            (4) identifies strategic fish and fish habitat priorities 
        for the Partnership area in the form of geographical focus 
        areas or key stressors or impairments to facilitate strategic 
        planning and decision making;
            (5) is able to address issues and priorities on a 
        nationally significant scale;
            (6) includes a governance structure that--
                    (A) reflects the range of all partners; and
                    (B) promotes joint strategic planning and decision 
                making by the applicant;
            (7) demonstrates completion of, or significant progress 
        toward the development of, a strategic plan to address declines 
        in fish populations, rather than simply treating symptoms, in 
        accordance with the goals and national priorities established 
        by the Board; and
            (8) promotes collaboration in developing a strategic vision 
        and implementation program that is scientifically sound and 
        achievable.
    (e) Report to Congress.--
            (1) In general.--Not later than February 1 of the first 
        fiscal year beginning after the date of enactment of this Act 
        and each February 1 thereafter, the Board shall develop and 
        submit to the appropriate congressional committees an annual 
        report, to be entitled ``Report to Congress on Future Fish 
        Habitat Partnerships and Modifications'', that--
                    (A) identifies each entity that--
                            (i) meets the requirements described in 
                        subsection (d); and
                            (ii) the Board recommends to Congress for 
                        designation as a Partnership;
                    (B) describes any proposed modifications to a 
                Partnership previously designated by Congress under 
                subsection (f);
                    (C) with respect to each entity recommended for 
                designation as a Partnership, describes, to the maximum 
                extent practicable--
                            (i) the purpose of the recommended 
                        Partnership; and
                            (ii) how the recommended Partnership 
                        fulfills the requirements described in 
                        subsection (d).
            (2) Public availability; notification.--The Board shall--
                    (A) make the report publicly available, including 
                on the internet; and
                    (B) provide to the appropriate congressional 
                committees and the State agency of any State included 
                in a recommended Partnership area written notification 
                of the public availability of the report.
    (f) Designation or Modification of Partnership.--Congress shall 
have the exclusive authority to designate or modify a Partnership.
    (g) Existing Partnerships.--
            (1) Designation review.--Not later than 5 years after the 
        date of enactment of this Act, any partnership receiving 
        Federal funds as of the date of enactment of this Act shall be 
        subject to a designation review by Congress in which Congress 
        shall have the opportunity to designate the partnership under 
        subsection (f).
            (2) Ineligibility for federal funds.--A partnership 
        referred to in paragraph (1) that Congress does not designate 
        as described in that paragraph shall be ineligible to receive 
        Federal funds under this subtitle.

SEC. 205. FISH HABITAT CONSERVATION PROJECTS.

    (a) Submission to Board.--Not later than March 31 of each year, 
each Partnership shall submit to the Board a list of priority fish 
habitat conservation projects recommended by the Partnership for annual 
funding under this subtitle.
    (b) Recommendations by Board.--Not later than July 1 of each year, 
the Board shall submit to the Secretary a priority list of fish habitat 
conservation projects that includes a description, including estimated 
costs, of each project that the Board recommends that the Secretary 
approve and fund under this subtitle for the following fiscal year.
    (c) Criteria for Project Selection.--The Board shall select each 
fish habitat conservation project recommended to the Secretary under 
subsection (b) after taking into consideration, at a minimum, the 
following information:
            (1) A recommendation of the Partnership that is, or will 
        be, participating actively in implementing the fish habitat 
        conservation project.
            (2) The capabilities and experience of project proponents 
        to implement successfully the proposed project.
            (3) The extent to which the fish habitat conservation 
        project--
                    (A) fulfills a local or regional priority that is 
                directly linked to the strategic plan of the 
                Partnership and is consistent with the purpose of this 
                subtitle;
                    (B) addresses the national priorities established 
                by the Board;
                    (C) is supported by the findings of the habitat 
                assessment of the Partnership or the Board, and aligns 
                or is compatible with other conservation plans;
                    (D) identifies appropriate monitoring and 
                evaluation measures and criteria that are compatible 
                with national measures;
                    (E) provides a well-defined budget linked to 
                deliverables and outcomes;
                    (F) leverages other funds to implement the project;
                    (G) addresses the causes and processes behind the 
                decline of fish or fish habitats; and
                    (H) includes an outreach or education component 
                that includes the local or regional community.
            (4) The availability of sufficient non-Federal funds to 
        match Federal contributions for the fish habitat conservation 
        project, as required by subsection (e).
            (5) The extent to which the fish habitat conservation 
        project--
                    (A) will increase fish populations in a manner that 
                leads to recreational fishing opportunities for the 
                public;
                    (B) will be carried out through a cooperative 
                agreement among Federal, State, and local governments, 
                Indian Tribes, and private entities;
                    (C) increases public access to land or water for 
                fish and wildlife-dependent recreational opportunities;
                    (D) advances the conservation of fish and wildlife 
                species that have been identified by a State agency as 
                species of greatest conservation need;
                    (E) where appropriate, advances the conservation of 
                fish and fish habitats under the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 1801 
                et seq.) and other relevant Federal law and State 
                wildlife action plans; and
                    (F) promotes strong and healthy fish habitats so 
                that desired biological communities are able to persist 
                and adapt.
            (6) The substantiality of the character and design of the 
        fish habitat conservation project.
    (d) Limitations.--
            (1) Requirements for evaluation.--No fish habitat 
        conservation project may be recommended by the Board under 
        subsection (b) or provided financial assistance under this 
        subtitle unless the fish habitat conservation project includes 
        an evaluation plan designed using applicable Board guidance--
                    (A) to appropriately assess the biological, 
                ecological, or other results of the habitat protection, 
                restoration, or enhancement activities carried out 
                using the assistance;
                    (B) to reflect appropriate changes to the fish 
                habitat conservation project if the assessment 
                substantiates that the fish habitat conservation 
                project objectives are not being met;
                    (C) to identify improvements to existing fish 
                populations, recreational fishing opportunities, and 
                the overall economic benefits for the local community 
                of the fish habitat conservation project; and
                    (D) to require the submission to the Board of a 
                report describing the findings of the assessment.
            (2) Acquisition authorities.--
                    (A) In general.--A State, local government, or 
                other non-Federal entity is eligible to receive funds 
                for the acquisition of real property from willing 
                sellers under this subtitle if the acquisition 
                ensures--
                            (i) public access for fish and wildlife-
                        dependent recreation; or
                            (ii) a scientifically based, direct 
                        enhancement to the health of fish and fish 
                        populations, as determined by the Board.
                    (B) State agency approval.--
                            (i) In general.--All real property interest 
                        acquisition projects funded under this subtitle 
                        must be approved by the State agency in the 
                        State in which the project is occurring.
                            (ii) Prohibition.--The Board may not 
                        recommend, and the Secretary may not provide 
                        any funding for, any real property interest 
                        acquisition that has not been approved by the 
                        State agency.
                    (C) Assessment of other authorities.--The Board may 
                not recommend, and the Secretary may not provide any 
                funding under this subtitle for, any real property 
                interest acquisition unless the Partnership that 
                recommended the project has conducted a project 
                assessment, submitted with the funding request and 
                approved by the Board, to demonstrate all other 
                Federal, State, and local authorities for the 
                acquisition of real property have been exhausted.
                    (D) Restrictions.--A real property interest may not 
                be acquired pursuant to a fish habitat conservation 
                project by a State, local government, or other non-
                Federal entity conducted with funds provided under this 
                subtitle, unless--
                            (i) the owner of the real property 
                        authorizes the State, local government, or 
                        other non-Federal entity to acquire the real 
                        property; and
                            (ii) the Secretary and the Board determine 
                        that the State, local government, or other non-
                        Federal entity would benefit from undertaking 
                        the management of the real property being 
                        acquired because that is in accordance with the 
                        goals of a Partnership.
    (e) Non-Federal Contributions.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (4), no fish habitat conservation project may be recommended by 
        the Board under subsection (b) or provided financial assistance 
        under this subtitle unless at least 50 percent of the cost of 
        the fish habitat conservation project will be funded with non-
        Federal funds.
            (2) Non-federal share.--Such non-Federal share of the cost 
        of a fish habitat conservation project--
                    (A) may not be derived from another Federal grant 
                program; and
                    (B) may include in-kind contributions and cash.
            (3) Special rule for indian tribes.--Notwithstanding 
        paragraph (1) or any other provision of law, any funds made 
        available to an Indian Tribe pursuant to this subtitle may be 
        considered to be non-Federal funds for the purpose of paragraph 
        (1).
            (4) Waiver authority.--The Secretary, in consultation with 
        the Secretary of Commerce with respect to marine or estuarine 
        projects, may waive the application of paragraph (2)(A) with 
        respect to a State or an Indian Tribe, or otherwise reduce the 
        portion of the non-Federal share of the cost of an activity 
        required to be paid by a State or an Indian Tribe under 
        paragraph (1), if the Secretary determines that the State or 
        Indian Tribe does not have sufficient funds not derived from 
        another Federal grant program to pay such non-Federal share, or 
        portion of the non-Federal share, without the use of loans.
    (f) Approval.--
            (1) In general.--Not later than 90 days after the date of 
        receipt of the recommended priority list of fish habitat 
        conservation projects under subsection (b), and subject to 
        subsection (d) and based, to the maximum extent practicable, on 
        the criteria described in subsection (c), the Secretary, after 
        consulting with the Secretary of Commerce on marine or 
        estuarine projects, shall approve or reject any fish habitat 
        conservation project recommended by the Board.
            (2) Funding.--If the Secretary approves a fish habitat 
        conservation project under paragraph (1), the Secretary shall 
        use amounts made available to carry out this subtitle to 
        provide funds to carry out the fish habitat conservation 
        project.
            (3) Notification.--If the Secretary rejects under paragraph 
        (1) any fish habitat conservation project recommended by the 
        Board, not later than 90 days after the date of receipt of the 
        recommendation, the Secretary shall provide to the Board, the 
        appropriate Partnership, and the appropriate congressional 
        committees a written statement of the reasons that the 
        Secretary rejected the fish habitat conservation project.

SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE.

    (a) In General.--The Director, the National Oceanic and Atmospheric 
Administration Assistant Administrator, the Environmental Protection 
Agency Assistant Administrator, and the Director of the United States 
Geological Survey, in coordination with the Forest Service and other 
appropriate Federal departments and agencies, may provide scientific 
and technical assistance to Partnerships, participants in fish habitat 
conservation projects, and the Board.
    (b) Inclusions.--Scientific and technical assistance provided under 
subsection (a) may include--
            (1) providing technical and scientific assistance to 
        States, Indian Tribes, regions, local communities, and 
        nongovernmental organizations in the development and 
        implementation of Partnerships;
            (2) providing technical and scientific assistance to 
        Partnerships for habitat assessment, strategic planning, and 
        prioritization;
            (3) supporting the development and implementation of fish 
        habitat conservation projects that are identified as high 
        priorities by Partnerships and the Board;
            (4) supporting and providing recommendations regarding the 
        development of science-based monitoring and assessment 
        approaches for implementation through Partnerships;
            (5) supporting and providing recommendations for a national 
        fish habitat assessment;
            (6) ensuring the availability of experts to assist in 
        conducting scientifically based evaluation and reporting of the 
        results of fish habitat conservation projects; and
            (7) providing resources to secure State agency scientific 
        and technical assistance to support Partnerships, participants 
        in fish habitat conservation projects, and the Board.

SEC. 207. COORDINATION WITH STATES AND INDIAN TRIBES.

    The Secretary shall provide a notice to, and cooperate with, the 
appropriate State agency or Tribal agency, as applicable, of each State 
and Indian Tribe within the boundaries of which an activity is planned 
to be carried out pursuant to this subtitle, including notification, by 
not later than 30 days before the date on which the activity is 
implemented.

SEC. 208. INTERAGENCY OPERATIONAL PLAN.

    Not later than 1 year after the date of enactment of this Act, and 
every 5 years thereafter, the Director, in cooperation with the 
National Oceanic and Atmospheric Administration Assistant 
Administrator, the Environmental Protection Agency Assistant 
Administrator, the Director of the United States Geological Survey, and 
the heads of other appropriate Federal departments and agencies 
(including, at a minimum, those agencies represented on the Board) 
shall develop an interagency operational plan that describes--
            (1) the functional, operational, technical, scientific, and 
        general staff, administrative, and material needs for the 
        implementation of this subtitle; and
            (2) any interagency agreements between or among Federal 
        departments and agencies to address those needs.

SEC. 209. ACCOUNTABILITY AND REPORTING.

    (a) Reporting.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, and every 5 years thereafter, the Board 
        shall submit to the appropriate congressional committees a 
        report describing the progress of this subtitle.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) an estimate of the number of acres, stream 
                miles, or acre-feet, or other suitable measures of fish 
                habitat, that was maintained or improved by 
                Partnerships under this subtitle during the 5-year 
                period ending on the date of submission of the report;
                    (B) a description of the public access to fish 
                habitats established or improved under this subtitle 
                during that 5-year period;
                    (C) a description of the improved opportunities for 
                public recreational fishing achieved under this 
                subtitle; and
                    (D) an assessment of the status of fish habitat 
                conservation projects carried out with funds provided 
                under this subtitle during that period, disaggregated 
                by year, including--
                            (i) a description of the fish habitat 
                        conservation projects recommended by the Board 
                        under section 205(b);
                            (ii) a description of each fish habitat 
                        conservation project approved by the Secretary 
                        under section 205(f), in order of priority for 
                        funding;
                            (iii) a justification for--
                                    (I) the approval of each fish 
                                habitat conservation project; and
                                    (II) the order of priority for 
                                funding of each fish habitat 
                                conservation project;
                            (iv) a justification for any rejection of a 
                        fish habitat conservation project recommended 
                        by the Board under section 205(b) that was 
                        based on a factor other than the criteria 
                        described in section 205(c); and
                            (v) an accounting of expenditures by 
                        Federal, State, or local governments, Indian 
                        Tribes, or other entities to carry out fish 
                        habitat conservation projects under this 
                        subtitle.
    (b) Status and Trends Report.--Not later than December 31, 2020, 
and every 5 years thereafter, the Board shall submit to the appropriate 
congressional committees a report that includes--
            (1) a status of all Partnerships designated under this 
        subtitle;
            (2) a description of the status of fish habitats in the 
        United States as identified by designated Partnerships; and
            (3) enhancements or reductions in public access as a result 
        of--
                    (A) the activities of the Partnerships; or
                    (B) any other activities carried out pursuant to 
                this subtitle.

SEC. 210. EFFECT OF THIS SUBTITLE.

    (a) Water Rights.--Nothing in this subtitle--
            (1) establishes any express or implied reserved water right 
        in the United States for any purpose;
            (2) affects any water right in existence on the date of 
        enactment of this Act;
            (3) preempts or affects any State water law or interstate 
        compact governing water; or
            (4) affects any Federal or State law in existence on the 
        date of enactment of the Act regarding water quality or water 
        quantity.
    (b) Authority To Acquire Water Rights or Rights to Property.--Only 
a State, local government, or other non-Federal entity may acquire, 
under State law, water rights or rights to property with funds made 
available through section 212.
    (c) State Authority.--Nothing in this subtitle--
            (1) affects the authority, jurisdiction, or responsibility 
        of a State to manage, control, or regulate fish and wildlife 
        under the laws and regulations of the State; or
            (2) authorizes the Secretary to control or regulate within 
        a State the fishing or hunting of fish and wildlife.
    (d) Effect on Indian Tribes.--Nothing in this subtitle abrogates, 
abridges, affects, modifies, supersedes, or alters any right of an 
Indian Tribe recognized by treaty or any other means, including--
            (1) an agreement between the Indian Tribe and the United 
        States;
            (2) Federal law (including regulations);
            (3) an Executive order; or
            (4) a judicial decree.
    (e) Adjudication of Water Rights.--Nothing in this subtitle 
diminishes or affects the ability of the Secretary to join an 
adjudication of rights to the use of water pursuant to subsection (a), 
(b), or (c) of section 208 of the Departments of State, Justice, 
Commerce, and The Judiciary Appropriation Act, 1953 (43 U.S.C. 666).
    (f) Department of Commerce Authority.--Nothing in this subtitle 
affects the authority, jurisdiction, or responsibility of the 
Department of Commerce to manage, control, or regulate fish or fish 
habitats under the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.).
    (g) Effect on Other Authorities.--
            (1) Private property protection.--Nothing in this subtitle 
        permits the use of funds made available to carry out this 
        subtitle to acquire real property or a real property interest 
        without the written consent of each owner of the real property 
        or real property interest, respectively.
            (2) Mitigation.--Nothing in this subtitle authorizes the 
        use of funds made available to carry out this subtitle for fish 
        and wildlife mitigation purposes under--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (C) the Water Resources Development Act of 1986 
                (Public Law 99-662; 100 Stat. 4082); or
                    (D) any other Federal law or court settlement.
            (3) Clean water act.--Nothing in this subtitle affects any 
        provision of the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.), including any definition in that Act.

SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to--
            (1) the Board; or
            (2) any Partnership.

SEC. 212. FUNDING.

    (a) Authorization of Appropriations.--
            (1) Fish habitat conservation projects.--There is 
        authorized to be appropriated to the Secretary $7,200,000 for 
        each of fiscal years 2019 through 2023 to provide funds for 
        fish habitat conservation projects approved under section 
        205(f), of which 5 percent is authorized only for projects 
        carried out by Indian Tribes.
            (2) Administrative and planning expenses.--There is 
        authorized to be appropriated to the Secretary for each of 
        fiscal years 2019 through 2023 an amount equal to 5 percent of 
        the amount appropriated for the applicable fiscal year pursuant 
        to paragraph (1)--
                    (A) for administrative and planning expenses under 
                this subtitle; and
                    (B) to carry out section 209.
            (3) Technical and scientific assistance.--There is 
        authorized to be appropriated for each of fiscal years 2020 
        through 2024 to carry out, and provide technical and scientific 
        assistance under, section 206--
                    (A) $400,000 to the Secretary for use by the United 
                States Fish and Wildlife Service;
                    (B) $400,000 to the National Oceanic and 
                Atmospheric Administration Assistant Administrator for 
                use by the National Oceanic and Atmospheric 
                Administration;
                    (C) $400,000 to the Environmental Protection Agency 
                Assistant Administrator for use by the Environmental 
                Protection Agency;
                    (D) $400,000 to the Secretary for use by the United 
                States Geological Survey; and
                    (E) $400,000 to the Chief of the Forest Service for 
                use by the United States Department of Agriculture 
                Forest Service.
    (b) Agreements and Grants.--The Secretary may--
            (1) on the recommendation of the Board, and notwithstanding 
        sections 6304 and 6305 of title 31, United States Code, and the 
        Federal Financial Assistance Management Improvement Act of 1999 
        (31 U.S.C. 6101 note; Public Law 106-107), enter into a grant 
        agreement, cooperative agreement, or contract with a 
        Partnership or other entity to provide funds authorized by this 
        subtitle for a fish habitat conservation project or restoration 
        or enhancement project;
            (2) apply for, accept, and, subject to the availability of 
        appropriations, use a grant from any individual or entity to 
        carry out the purposes of this subtitle; and
            (3) subject to the availability of appropriations, make 
        funds authorized by this Act available to any Federal 
        department or agency for use by that department or agency to 
        provide grants for any fish habitat protection project, 
        restoration project, or enhancement project that the Secretary 
        determines to be consistent with this subtitle.
    (c) Donations.--
            (1) In general.--The Secretary may--
                    (A) enter into an agreement with any organization 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 that is exempt from taxation under section 
                501(a) of that Code to solicit private donations to 
                carry out the purposes of this subtitle; and
                    (B) accept donations of funds, property, and 
                services to carry out the purposes of this subtitle.
            (2) Treatment.--A donation accepted under this subtitle--
                    (A) shall be considered to be a gift or bequest to, 
                or otherwise for the use of, the United States; and
                    (B) may be--
                            (i) used directly by the Secretary; or
                            (ii) provided to another Federal department 
                        or agency through an interagency agreement.

SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY 
              FEDERAL AGENCIES THROUGH PARTNERSHIPS.

    Any Partnership designated under this subtitle--
            (1) shall be for the sole purpose of promoting fish 
        conservation; and
            (2) shall not be used to implement any regulatory authority 
        of any Federal agency.

         Subtitle B--Great Lakes Fishery Research Authorization

SEC. 221. DEFINITIONS.

    In this subtitle:
            (1) Director.--The term ``Director'' means the Director of 
        the United States Geological Survey.
            (2) Great lakes basin.--The term ``Great Lakes Basin'' 
        means the air, land, water, and living organisms in the United 
        States within the drainage basin of the Saint Lawrence River at 
        and upstream from the point at which such river and the Great 
        Lakes become the international boundary between Canada and the 
        United States.

SEC. 222. FINDINGS.

    Congress finds the following:
            (1) The Great Lakes support a diverse ecosystem, on which 
        the vibrant and economically valuable Great Lakes fisheries 
        depend.
            (2) To continue successful fisheries management and 
        coordination, as has occurred since signing of the Convention 
        on Great Lakes Fisheries between the United States and Canada 
        on September 10, 1954, management of the ecosystem and its 
        fisheries require sound, reliable science, and the use of 
        modern scientific technologies.
            (3) Fisheries research is necessary to support multi-
        jurisdictional fishery management decisions and actions 
        regarding recreational and sport fishing, commercial fisheries, 
        tribal harvest, allocation decisions, and fish stocking 
        activities.
            (4) President Richard Nixon submitted, and the Congress 
        approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring 
        science activities and management of marine fisheries to the 
        National Oceanic and Atmospheric Administration.
            (5) Reorganization Plan No. 4 expressly excluded fishery 
        research activities within the Great Lakes from the transfer, 
        retaining management and scientific research duties within the 
        already established jurisdictions under the 1954 Convention on 
        Great Lakes Fisheries, including those of the Great Lakes 
        Fishery Commission and the Department of the Interior.

SEC. 223. GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH.

    (a) In General.--The Director may conduct monitoring, assessment, 
science, and research, in support of the binational fisheries within 
the Great Lakes Basin.
    (b) Specific Authorities.--The Director shall, under subsection 
(a)--
            (1) execute a comprehensive, multi-lake, freshwater 
        fisheries science program;
            (2) coordinate with and work cooperatively with regional, 
        State, tribal, and local governments; and
            (3) consult with other interested entities groups, 
        including academia and relevant Canadian agencies.
    (c) Included Research.--To properly serve the needs of fisheries 
managers, monitoring, assessment, science, and research under this 
section may include--
            (1) deepwater ecosystem sciences;
            (2) biological and food-web components;
            (3) fish movement and behavior investigations;
            (4) fish population structures;
            (5) fish habitat investigations;
            (6) invasive species science;
            (7) harmful algal bloom development research;
            (8) research on the impacts of harmful algal blooms, 
        nutrient pollution, and dead zones on Great Lakes fisheries;
            (9) research into the effects of per- and polyfluoroalkyl 
        substances, mercury, and other contaminants on fisheries and 
        fishery ecosystems;
            (10) use of existing, new, and experimental biological 
        assessment tools, equipment, vessels, other scientific 
        instrumentation and laboratory capabilities necessary to 
        support fishery management decisions; and
            (11) studies to assess impacts on Great Lakes fishery 
        resources.
    (d) Savings Clause.--Nothing in this subtitle is intended or shall 
be construed to impede, supersede, or alter the authority of the Great 
Lakes Fishery Commission, States, and Indian tribes under the 
Convention on Great Lakes Fisheries between the United States of 
America and Canada on September 10, 1954, and the Great Lakes Fishery 
Act of 1956 (16 U.S.C. 931 et seq.).

SEC. 224. AUTHORIZATION OF APPROPRIATIONS.

    For each of fiscal years 2020 through 2029, there is authorized to 
be appropriated $17,500,000 to carry out this subtitle.

               Subtitle C--Chesapeake Bay Oyster Research

SEC. 231. SENSE OF CONGRESS.

    It is the sense of Congress that the Chesapeake Bay Office of the 
National Oceanic and Atmospheric Administration shall be the primary 
representative of the Administration in the Chesapeake Bay.

SEC. 232. GRANTS FOR RESEARCHING OYSTERS IN THE CHESAPEAKE BAY.

    (a) Establishment.--The Secretary of the Commerce, acting through 
the Administrator of the National Oceanic and Atmospheric 
Administration, shall establish a grant program (in this section 
referred to as the ``Program'') under which the Secretary shall award 
grants to eligible entities for the purpose of conducting research on 
the conservation, restoration, or management of oysters in the 
Chesapeake Bay.
    (b) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
    (c) Allocation of Grant Funds.--
            (1) In general.--The Secretary shall award a grant under 
        the Program to eligible entities that submit an application 
        under subsection (b).
            (2) Matching requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the total amount of Federal funding received under 
                the Program by an eligible entity may not exceed 85 
                percent of the total cost of the research project for 
                which the funding was awarded. For the purposes of this 
                subparagraph, the non-Federal share of project costs 
                may be provided by in-kind contributions and other 
                noncash support.
                    (B) Waiver.--The Secretary may waive all or part of 
                the requirement in subparagraph (A) if the Secretary 
                determines that no reasonable means are available 
                through which an eligible entity applying for a grant 
                under this section can meet such requirement and the 
                probable benefit of such research project outweighs the 
                public interest in such requirement.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Academic community.--The term ``academic community'' 
        means faculty, researchers, professors, and representatives of 
        State-accredited colleges and universities.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        member of the academic community, the seafood industry, a 
        relevant nonprofit organization, or a relevant State agency, 
        that is proposing or conducting a research project on the 
        conservation, restoration, or management of oysters in the 
        Chesapeake Bay developed through consultation with a member of 
        the academic community, a member of the seafood industry, a 
        relevant nonprofit organization, or a relevant State agency.
            (3) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
        tax under section 501(a) of such Code.
            (4) Seafood industry.--The term ``seafood industry'' means 
        shellfish growers, shellfish harvesters, commercial fishermen, 
        and recreational fishermen.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Commerce, acting through the Administrator of the 
        National Oceanic and Atmospheric Administration.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $2,000,000 for each of the fiscal years 
2020 through 2025 to carry out this section.

      TITLE III--MEETING 21ST CENTURY OCEAN AND COASTAL DATA NEEDS

                       Subtitle A--Digital Coast

SEC. 301. FINDINGS.

    Congress makes the following findings:
            (1) The Digital Coast is a model approach for effective 
        Federal partnerships with State and local government, 
        nongovernmental organizations, and the private sector.
            (2) Access to current, accurate, uniform, and standards-
        based geospatial information, tools, and training to 
        characterize the United States coastal region is critical for 
        public safety and for the environment, infrastructure, and 
        economy of the United States.
            (3) Collaborations and partnerships between institutions of 
        higher education and Federal agencies help ensure digital data 
        focused on coastal management issues are communicated 
        effectively between such entities.
            (4) More than half of all people of the United States 
        (153,000,000) currently live on or near a coast and an 
        additional 12,000,000 are expected in the next decade.
            (5) Coastal counties in the United States average 300 
        persons per square mile, compared with the national average of 
        98.
            (6) On a typical day, more than 1,540 permits for 
        construction of single-family homes are issued in coastal 
        counties, combined with other commercial, retail, and 
        institutional construction to support this population.
            (7) Over half of the economic productivity of the United 
        States is located within coastal regions.
            (8) Highly accurate, high-resolution remote sensing and 
        other geospatial data play an increasingly important role in 
        decision making and management of the coastal zone and economy, 
        including for--
                    (A) flood and coastal storm surge prediction;
                    (B) hazard risk and vulnerability assessment;
                    (C) emergency response and recovery planning;
                    (D) community resilience to longer range coastal 
                change;
                    (E) local planning and permitting;
                    (F) habitat and ecosystem health assessments; and
                    (G) landscape change detection.

SEC. 302. DEFINITIONS.

    In this subtitle:
            (1) Coastal region.--The term ``coastal region'' means the 
        area of United States waters extending inland from the 
        shoreline to include coastal watersheds and seaward to the 
        territorial sea.
            (2) Coastal state.--The term ``coastal State'' has the 
        meaning given the term ``coastal state'' in section 304 of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
            (3) Federal geographic data committee.--The term ``Federal 
        Geographic Data Committee'' means the interagency committee 
        that promotes the coordinated development, use, sharing, and 
        dissemination of geospatial data on a national basis.
            (4) Remote sensing and other geospatial.--The term ``remote 
        sensing and other geospatial'' means collecting, storing, 
        retrieving, or disseminating graphical or digital data 
        depicting natural or manmade physical features, phenomena, or 
        boundaries of the Earth and any information related thereto, 
        including surveys, maps, charts, satellite and airborne remote 
        sensing data, images, LiDAR, and services performed by 
        professionals such as surveyors, photogrammetrists, 
        hydrographers, geodesists, cartographers, and other such 
        services.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Administrator of the National 
        Oceanic and Atmospheric Administration.

SEC. 303. ESTABLISHMENT OF THE DIGITAL COAST.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish a program 
        for the provision of an enabling platform that integrates 
        geospatial data, decision-support tools, training, and best 
        practices to address coastal management issues and needs. Under 
        the program, the Secretary shall strive to enhance resilient 
        communities, ecosystem values, and coastal economic growth and 
        development by helping communities address their issues, needs, 
        and challenges through cost-effective and participatory 
        solutions.
            (2) Designation.--The program established under paragraph 
        (1) shall be known as the ``Digital Coast'' (in this section 
        referred to as the ``program'').
    (b) Program Requirements.--In carrying out the program, the 
Secretary shall ensure that the program provides data integration, tool 
development, training, documentation, dissemination, and archiving by--
            (1) making data and resulting integrated products developed 
        under this section readily accessible via the Digital Coast 
        Internet website of the National Oceanic and Atmospheric 
        Administration, the GeoPlatform.gov and data.gov Internet 
        websites, and such other information distribution technologies 
        as the Secretary considers appropriate;
            (2) developing decision-support tools that use and display 
        resulting integrated data and provide training on use of such 
        tools;
            (3) documenting such data to Federal Geographic Data 
        Committee standards; and
            (4) archiving all raw data acquired under this title at the 
        appropriate National Oceanic and Atmospheric Administration 
        data center or such other Federal data center as the Secretary 
        considers appropriate.
    (c) Coordination.--The Secretary shall coordinate the activities 
carried out under the program to optimize data collection, sharing and 
integration, and to minimize duplication by--
            (1) consulting with coastal managers and decision makers 
        concerning coastal issues, and sharing information and best 
        practices, as the Secretary considers appropriate, with--
                    (A) coastal States;
                    (B) local governments; and
                    (C) representatives of academia, the private 
                sector, and nongovernmental organizations;
            (2) consulting with other Federal agencies, including 
        interagency committees, on relevant Federal activities, 
        including activities carried out under the Ocean and Coastal 
        Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal 
        Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the 
        Integrated Coastal and Ocean Observation System Act of 2009 (33 
        U.S.C. 3601 et seq.), and the Hydrographic Services Improvement 
        Act of 1998 (33 U.S.C. 892 et seq.);
            (3) participating, pursuant to section 216 of the E-
        Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 
        note), in the establishment of such standards and common 
        protocols as the Secretary considers necessary to assure the 
        interoperability of remote sensing and other geospatial data 
        with all users of such information within--
                    (A) the National Oceanic and Atmospheric 
                Administration;
                    (B) other Federal agencies;
                    (C) State and local government; and
                    (D) the private sector;
            (4) coordinating with, seeking assistance and cooperation 
        of, and providing liaison to the Federal Geographic Data 
        Committee pursuant to Office of Management and Budget Circular 
        A-16 and Executive Order No. 12906 of April 11, 1994 (59 Fed. 
        Reg. 17671), as amended by Executive Order No. 13286 of 
        February 28, 2003 (68 Fed. Reg. 10619); and
            (5) developing and maintaining a best practices document 
        that sets out the best practices used by the Secretary in 
        carrying out the program and providing such document to the 
        United States Geological Survey, the Corps of Engineers, and 
        other relevant Federal agencies.
    (d) Filling Needs and Gaps.--In carrying out the program, the 
Secretary shall--
            (1) maximize the use of remote sensing and other geospatial 
        data collection activities conducted for other purposes and 
        under other authorities;
            (2) focus on filling data needs and gaps for coastal 
        management issues, including with respect to areas that, as of 
        the date of the enactment of this Act, were underserved by 
        coastal data and the areas of the Arctic that are under the 
        jurisdiction of the United States;
            (3) pursuant to the Ocean and Coastal Mapping Integration 
        Act (33 U.S.C. 3501 et seq.), support continue improvement in 
        existing efforts to coordinate the acquisition and integration 
        of key data sets needed for coastal management and other 
        purposes, including--
                    (A) coastal elevation data;
                    (B) land use and land cover data;
                    (C) socioeconomic and human use data;
                    (D) critical infrastructure data;
                    (E) structures data;
                    (F) living resources and habitat data;
                    (G) cadastral data; and
                    (H) aerial imagery; and
            (4) integrate the priority supporting data set forth under 
        paragraph (3) with other available data for the benefit of the 
        broadest measure of coastal resource management constituents 
        and applications.
    (e) Financial Agreements and Contracts.--
            (1) In general.--In carrying out the program, the 
        Secretary--
                    (A) may enter into financial agreements to carry 
                out the program, including--
                            (i) support to non-Federal entities that 
                        participate in implementing the program; and
                            (ii) grants, cooperative agreements, 
                        interagency agreements, contracts, or any other 
                        agreement on a reimbursable or non-reimbursable 
                        basis, with other Federal, tribal, State, and 
                        local governmental and nongovernmental 
                        entities; and
                    (B) may, to the maximum extent practicable, enter 
                into such contracts with private sector entities for 
                such products and services as the Secretary determines 
                may be necessary to collect, process, and provide 
                remote sensing and other geospatial data and products 
                for purposes of the program.
            (2) Fees.--
                    (A) Assessment and collection.--The Secretary may 
                assess and collect fees to conduct any planned 
                training, workshop, or conference that advances the 
                purposes of the program.
                    (B) Amounts.--The amount of a fee under this 
                paragraph may not exceed the sum of costs incurred, or 
                expected to be incurred, by the Secretary as a direct 
                result of the conduct of the training, workshop, or 
                conference, including for subsistence expenses 
                incidental to the training, workshop, or conference, as 
                applicable.
                    (C) Use of fees.--Amounts collected by the 
                Secretary in the form of fees under this paragraph may 
                be used to pay for--
                            (i) the costs incurred for conducting an 
                        activity described in subparagraph (A); or
                            (ii) the expenses described in subparagraph 
                        (B).
            (3) Survey and mapping.--Contracts entered into under 
        paragraph (1)(B) shall be considered ``surveying and mapping'' 
        services as such term is used in and as such contracts are 
        awarded by the Secretary in accordance with the selection 
        procedures in chapter 11 of title 40, United States Code.
    (f) Ocean Economy.--The Secretary may establish publically 
available tools that track ocean and Great Lakes economy data for each 
coastal State.

      Subtitle B--Integrated Coastal and Ocean Observation System

SEC. 311. STAGGERED TERMS FOR NATIONAL INTEGRATED COASTAL AND OCEAN 
              OBSERVATION SYSTEM ADVISORY COMMITTEE.

    Section 12304(d)(3)(B) of the Integrated Coastal and Ocean 
Observation System Act of 2009 (33 U.S.C. 3603(d)(3)(B)) is amended--
            (1) by striking ``Members'' and inserting the following:
                            ``(i) In general.--Except as provided in 
                        clause (ii), members''; and
            (2) by adding at the end the following:
                            ``(ii) Staggered terms.--The Administrator 
                        may appoint or reappoint a member for a partial 
                        term of 1 or 2 years in order to establish a 
                        system of staggered terms. The Administrator 
                        may appoint or reappoint a member under this 
                        clause only once. A member appointed or 
                        reappointed to a partial term under this clause 
                        may not serve more than one full term.''.

SEC. 312. INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM COOPERATIVE 
              AGREEMENTS.

    Section 12305(a) of the Integrated Coastal and Ocean Observation 
System Act of 2009 (33 U.S.C. 3604(a)) is amended by inserting 
``disburse appropriated funds to,'' after ``agreements, with,''.

SEC. 313. REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION 
              SYSTEM ACT OF 2009.

    Section 12311 of the Integrated Coastal and Ocean Observation 
System Act of 2009 (33 U.S.C. 3610) is amended by striking ``for fiscal 
years 2009 through 2013 such sums as are necessary'' and inserting 
``$47,500,000 for each of fiscal years 2020 through 2024''.

SEC. 314. ADVANCED RESEARCH PROJECTS AGENCY-OCEANS.

    (a) Agreement.--Not later than 45 days after the date of the 
enactment of this section, the Administrator shall seek to enter into 
an agreement with the National Academy of Sciences to conduct the 
comprehensive assessment under subsection (b).
    (b) Comprehensive Assessment.--
            (1) In general.--Under an agreement between the 
        Administrator and the National Academy of Sciences under this 
        section, the National Academy of Sciences shall conduct a 
        comprehensive assessment of the need for and feasibility of 
        establishing an Advanced Research Projects Agency-Oceans (ARPA-
        O).
            (2) Elements.--The comprehensive assessment carried out 
        pursuant to paragraph (1) shall include--
                    (A) an assessment of how an ARPA-O could help 
                overcome the long-term and high-risk technological 
                barriers in the development of ocean technologies, with 
                the goal of enhancing the economic, ecological, and 
                national security of the United States through the 
                rapid development of technologies that result in--
                            (i) improved data collection, monitoring, 
                        and prediction of the ocean environment, 
                        including sea ice conditions;
                            (ii) overcoming barriers to the application 
                        of new and improved technologies, such as high 
                        costs and scale of operational missions;
                            (iii) improved management practices for 
                        protecting ecological sustainability;
                            (iv) improved national security capacity;
                            (v) improved technology for fishery 
                        population assessments;
                            (vi) expedited processes between and among 
                        Federal agencies to successfully identify, 
                        transition, and coordinate research and 
                        development output to operations, applications, 
                        commercialization, and other uses; and
                            (vii) ensuring that the United States 
                        maintains a technological lead in developing 
                        and deploying advanced ocean technologies;
                    (B) an evaluation of the organizational structures 
                under which an ARPA-O could be organized, which takes 
                into account--
                            (i) best practices for new research 
                        programs;
                            (ii) metrics and approaches for periodic 
                        program evaluation;
                            (iii) capacity to fund and manage external 
                        research awards; and
                            (iv) options for oversight of the activity 
                        through a Federal agency, an interagency 
                        organization, nongovernmental organization, or 
                        other institutional arrangement; and
                    (C) an estimation of the scale of investment 
                necessary to pursue high priority ocean technology 
                projects.
    (c) Report.--Not later than 18 months after the date of the 
enactment of this section, the Administrator shall submit to Congress a 
report on the comprehensive assessment conducted under subsection (b).
    (d) Definitions.--In this section, the term ``Administrator'' means 
the Under Secretary of Commerce for Oceans and Atmosphere in the Under 
Secretary's capacity as Administrator of the National Oceanic and 
Atmospheric Administration.

        TITLE IV--NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS

SEC. 401. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT.

    Except as otherwise expressly provided, wherever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the National Sea Grant 
College Program Act (33 U.S.C. 1121 et seq.).

SEC. 402. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP.

    (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is amended by 
striking ``may'' and inserting ``shall''.
    (b) Placements in Congress.--Such section is further amended--
            (1) in the first sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(1) In general.--The Secretary''; and
            (2) in paragraph (1), as designated by paragraph (1) of 
        this section, in the second sentence, by striking ``A 
        fellowship'' and inserting the following:
            ``(2) Placement priorities.--
                    ``(A) In general.--In each year in which the 
                Secretary awards a legislative fellowship under this 
                subsection, when considering the placement of fellows, 
                the Secretary shall prioritize placement of fellows in 
                the following:
                            ``(i) Positions in offices of committees of 
                        Congress that have jurisdiction over the 
                        National Oceanic and Atmospheric 
                        Administration.
                            ``(ii) Positions in offices of Members of 
                        Congress who are on such committees.
                            ``(iii) Positions in offices of Members of 
                        Congress that have a demonstrated interest in 
                        ocean, coastal, or Great Lakes resources.
                    ``(B) Equitable distribution.--
                            ``(i) Finding and recognition.--Congress--
                                    ``(I) finds that both host offices 
                                and fellows benefit when fellows have 
                                the opportunity to choose from a range 
                                of host offices from different States 
                                and regions, both chambers of Congress, 
                                and both political parties; and
                                    ``(II) recognizes the steps taken 
                                by the National Sea Grant College 
                                Program to facilitate an equitable 
                                distribution of fellows among the 
                                political parties.
                            ``(ii) In general.--The Secretary shall 
                        ensure, to the maximum extent practicable, that 
                        fellows have the opportunity to choose from 
                        offices that are described in clauses (i), 
                        (ii), and (iii) of subparagraph (A) and that 
                        are equitably distributed among--
                                    ``(I) the political parties; and
                                    ``(II) the Senate and the House of 
                                Representatives.
                            ``(iii) Political and cameral equity.--The 
                        Secretary shall ensure that placements are 
                        equitably distributed between--
                                    ``(I) the political parties; and
                                    ``(II) the Senate and the House of 
                                Representatives.
            ``(3) Duration.--A fellowship''.
    (c) Effective Date.--The amendments made by subsection (b) shall 
apply with respect to the first calendar year beginning after the date 
of the enactment of this Act and each fiscal year thereafter.
    (d) Sense of Congress Concerning Federal Hiring of Former 
Fellows.--It is the sense of Congress that in recognition of the 
competitive nature of the fellowship under section 208(b) of the 
National Sea Grant College Program Act (33 U.S.C. 1127(b)), and of the 
exceptional qualifications of fellowship awardees--
            (1) the Secretary of Commerce, acting through the Under 
        Secretary of Commerce for Oceans and Atmosphere, should 
        encourage participating Federal agencies to consider 
        opportunities for fellowship awardees at the conclusion of 
        their fellowships for workforce positions appropriate for their 
        education and experience; and
            (2) Members and committees of Congress should consider 
        opportunities for such awardees for such positions.

SEC. 403. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO ACCEPT 
              DONATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM.

    (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 1123(c)(4)(E)) is 
amended to read as follows:
                    ``(E) accept donations of money and, 
                notwithstanding section 1342 of title 31, United States 
                Code, of voluntary and uncompensated services;''.
    (b) Priorities.--The Secretary of Commerce, acting through the 
Under Secretary of Commerce for Oceans and Atmosphere, shall establish 
priorities for the use of donations accepted under section 204(c)(4)(E) 
of the National Sea Grant College Program Act (33 U.S.C. 
1123(c)(4)(E)), and shall consider among those priorities the 
possibility of expanding the Dean John A. Knauss Marine Policy 
Fellowship's placement of additional fellows in relevant legislative 
offices under section 208(b) of such Act (33 U.S.C. 1127(b)), in 
accordance with the recommendations under subsection (c) of this 
section.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the National Sea Grant College 
Program, in consultation with the National Sea Grant Advisory Board and 
the Sea Grant Association, shall--
            (1) develop recommendations for the optimal use of any 
        donations accepted under section 204(c)(4)(E) of the National 
        Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and
            (2) submit to Congress a report on the recommendations 
        developed under paragraph (1).
    (d) Construction.--Nothing in this section shall be construed to 
limit or otherwise affect any other amounts available for marine policy 
fellowships under section 208(b) of the National Sea Grant College 
Program Act (33 U.S.C. 1127(b)), including amounts--
            (1) accepted under section 204(c)(4)(F) of such Act (33 
        U.S.C. 1123(c)(4)(F)); or
            (2) appropriated under section 212 of such Act (33 U.S.C. 
        1131).

SEC. 404. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF OCEANS 
              AND COASTAL RESEARCH ACTIVITIES.

    Section 9 of the National Sea Grant College Program Act Amendments 
of 2002 (33 U.S.C. 857-20) is repealed.

SEC. 405. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA GRANT 
              ADVISORY BOARD REPORT.

    Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended--
            (1) in the heading, by striking ``Biennial'' and inserting 
        ``Periodic''; and
            (2) in the first sentence, by striking ``The Board shall 
        report to the Congress every two years'' and inserting ``Not 
        less frequently than once every 4 years, the Board shall submit 
        to Congress a report''.

SEC. 406. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT COLLEGE 
              PROGRAM.

    Section 204(b) (33 U.S.C. 1123(b)) is amended by inserting ``for 
research, education, extension, training, technology transfer, public 
service,'' after ``financial assistance''.

SEC. 407. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS MARINE POLICY 
              FELLOWSHIP.

    (a) In General.--During fiscal year 2019 and any fiscal year 
thereafter, the head of any Federal agency may appoint, without regard 
to the provisions of subchapter I of chapter 33 of title 5, United 
States Code, other than sections 3303 and 3328 of such title, a 
qualified candidate described in subsection (b) directly to a position 
with the Federal agency for which the candidate meets Office of 
Personnel Management qualification standards.
    (b) Qualified Candidate.--Subsection (a) applies with respect to a 
former recipient of a Dean John A. Knauss Marine Policy Fellowship 
under section 208(b) of the National Sea Grant College Program Act (33 
U.S.C. 1127(b)) who--
            (1) earned a graduate or post-graduate degree in a field 
        related to ocean, coastal, or Great Lakes resources or policy 
        from an institution of higher education accredited by an agency 
        or association recognized by the Secretary of Education 
        pursuant to section 496(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1099b(a));
            (2) received a Dean John A. Knauss Marine Policy Fellowship 
        under section 208(b) of the National Sea Grant College Program 
        Act (33 U.S.C. 1127(b)) within 5 years before the date the 
        individual is appointed under this section; and
            (3) successfully fulfilled the requirements of the 
        fellowship within the executive or legislative branch of the 
        United States Government.

SEC. 408. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT 
              COLLEGE PROGRAM.

    (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary to carry out this title--
                    ``(A) $87,520,000 for fiscal year 2020;
                    ``(B) $91,900,000 for fiscal year 2021;
                    ``(C) $96,500,000 for fiscal year 2022;
                    ``(D) $101,325,000 for fiscal year 2023;
                    ``(E) $106,380,000 for fiscal year 2024; and
                    ``(F) $111,710,813 for fiscal year 2025.''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Priority activities for fiscal years 2020 through 
        2025.--In addition to the amounts authorized to be appropriated 
        under paragraph (1), there are authorized to be appropriated 
        $6,000,000 for each of fiscal years 2020 through 2025 for 
        competitive grants for the following:
                    ``(A) University research on the biology, 
                prevention, and control of aquatic nonnative species.
                    ``(B) University research on oyster diseases, 
                oyster restoration, and oyster-related human health 
                risks.
                    ``(C) University research on the biology, 
                prevention, and forecasting of harmful algal blooms.
                    ``(D) University research, education, training, and 
                extension services and activities focused on coastal 
                resilience and United States working waterfronts and 
                other regional or national priority issues identified 
                in the strategic plan under section 204(c)(1).
                    ``(E) University research and extension on 
                sustainable aquaculture techniques and technologies.
                    ``(F) Fishery research and extension activities 
                conducted by sea grant colleges or sea grant institutes 
                to enhance, and not supplant, existing core program 
                funding.''.
    (b) Modification of Limitations on Amounts for Administration.--
Paragraph (1) of section 212(b) (33 U.S.C. 1131(b)) is amended to read 
as follows:
            ``(1) Administration.--
                    ``(A) In general.--There may not be used for 
                administration of programs under this title in a fiscal 
                year more than 5.5 percent of the lesser of--
                            ``(i) the amount authorized to be 
                        appropriated under this title for the fiscal 
                        year; or
                            ``(ii) the amount appropriated under this 
                        title for the fiscal year.
                    ``(B) Critical staffing requirements.--
                            ``(i) In general.--The Director shall use 
                        the authority under subchapter VI of chapter 33 
                        of title 5, United States Code, to meet any 
                        critical staffing requirement while carrying 
                        out the activities authorized under this title.
                            ``(ii) Exception from cap.--For purposes of 
                        subparagraph (A), any costs incurred as a 
                        result of an exercise of authority described in 
                        clause (i) shall not be considered an amount 
                        used for administration of programs under this 
                        title in a fiscal year.''.
    (c) Allocation of Funding.--
            (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) 
        is amended--
                    (A) by striking ``With respect to sea grant 
                colleges and sea grant institutes'' and inserting 
                ``With respect to sea grant colleges, sea grant 
                institutes, sea grant programs, and sea grant 
                projects''; and
                    (B) in subparagraph (B), by striking ``funding 
                among sea grant colleges and sea grant institutes'' and 
                inserting ``funding among sea grant colleges, sea grant 
                institutes, sea grant programs, and sea grant 
                projects''.
            (2) Repeal of requirements concerning distribution of 
        excess amounts.--Section 212 (33 U.S.C. 1131) is amended--
                    (A) by striking subsection (c); and
                    (B) by redesignating subsections (d) and (e) as 
                subsections (c) and (d), respectively.

SEC. 409. TECHNICAL CORRECTIONS.

    (a) Section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)) is amended by 
moving clause (vi) 2 ems to the right.
    (b) Section 209(b) (33 U.S.C. 1128(b)), as amended by this Act, is 
further amended--
            (1) in paragraph (2), by striking ``The Secretary shall'' 
        and all that follows; and
            (2) by adding at the end the following:
            ``(3) Availability of resources of department of 
        commerce.--The Secretary shall''.

            Passed the House of Representatives December 10, 2019.

            Attest:

                                                                 Clerk.
116th CONGRESS

  1st Session

                               H. R. 729

_______________________________________________________________________

                                 AN ACT

To amend the Coastal Zone Management Act of 1972 to authorize grants to 
Indian Tribes to further achievement of Tribal coastal zone objectives, 
                        and for other purposes.
```