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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6841 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 6841

To amend the Coastal Zone Management Act of 1972 to allow the Secretary 
    of Commerce to establish a Coastal and Estuarine Resilience and 
              Restoration Program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2023

    Mr. Levin (for himself, Mr. Mast, Ms. Bonamici, Mrs. Kiggans of 
  Virginia, Mr. Huffman, Mrs. Gonzalez-Colon, Mr. Kilmer, and Mr. Van 
    Drew) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
To amend the Coastal Zone Management Act of 1972 to allow the Secretary 
    of Commerce to establish a Coastal and Estuarine Resilience and 
              Restoration Program, 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. COASTAL AND ESTUARINE RESILIENCE AND RESTORATION PROGRAM.

    Section 307A of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1456-1) is amended--
            (1) by striking the heading and inserting ``coastal and 
        estuarine resilience and restoration program'';
            (2) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary may conduct a Coastal and 
Estuarine Resilience and Restoration Program, in cooperation with 
State, regional, and other units of government, the National Estuarine 
Research Reserves, and non-governmental organizations for the purposes 
of--
            ``(1) protecting important coastal and estuarine areas 
        that--
                    ``(A) have significant conservation, recreational, 
                coastal access, ecological, historical, community 
                protection, or aesthetic value;
                    ``(B) are threatened by conversion from their 
                natural, undeveloped, or recreational state to other 
                uses; or
                    ``(C) could be managed or restored to effectively 
                conserve, enhance, or restore ecological function or 
                mitigate climate change; and
            ``(2) restoring developed property in vulnerable coastal 
        and estuarine areas to a natural state to restore ecological 
        function, allow for shoreline migration, and protect coastal 
        communities.'';
            (3) in subsection (b), by striking ``or National Estuarine 
        Research Reserve units'' and inserting ``, National Estuarine 
        Research Reserves, or non-governmental organizations that meet 
        the requirements of subsection (k)'';
            (4) in subsection (c)--
                    (A) by striking ``or National Estuarine Research 
                Reserves'' and inserting ``, National Estuarine 
                Research Reserves, or non-governmental organizations'';
                    (B) in paragraph (2), by striking ``shall 
                identify'' and inserting ``may identify'';
                    (C) by amending paragraph (7) to read as follows:
            ``(7)(A) Priority shall be given to lands that--
                    ``(i) can be effectively managed and protected and 
                are described in subsection (a)(1)(A);
                    ``(ii) to the maximum extent practicable, benefit 
                communities that may not have adequate resources to 
                prepare for or respond to coastal hazards or to access 
                coastline, including low-income communities; or
                    ``(iii)(I) are under an imminent threat of 
                conversion to a use that will degrade or otherwise 
                diminish their natural, undeveloped, or recreational 
                state;
                    ``(II) serve to mitigate the adverse impacts caused 
                by coastal population growth on the coastal 
                environment;
                    ``(III) are within or adjacent to a National 
                Estuarine Research Reserve designated under section 
                315, a national wildlife refuge, or a national estuary 
                program, or are proposed for designation as such a 
                reserve or other such protected area; or
                    ``(IV) are under threat due to climate change or 
                may serve to mitigate the adverse effects of climate 
                change, including through long-term carbon storage, and 
                to facilitate inland migration of coastal ecosystems in 
                response to sea level rise.
            ``(B) Of the projects that are given priority under 
        subparagraph (A), priority shall be given to lands that reflect 
        conservation priorities identified pursuant to paragraphs (1) 
        through (4).''; and
                    (D) in paragraph (10), by striking ``triennially'' 
                and inserting ``every 5 years'';
            (5) in subsection (f)--
                    (A) in paragraph (2)(B), by inserting ``for any 
                territory of the United States that is unable to 
                provide such match,'' after ``community,''; and
                    (B) in paragraph (4)--
                            (i) in subparagraph (A)(i), by striking 
                        ``the land meets the criteria set forth in 
                        section 2(b) and'' and inserting ``such use 
                        will further the goals set forth in subsection 
                        (b) and such land interest'';
                            (ii) by striking subparagraph (B) and 
                        redesignating subparagraph (C) as subparagraph 
                        (B);
                            (iii) in subparagraph (B) (as so 
                        redesignated), by striking ``described in (A)'' 
                        and inserting ``described in subparagraph 
                        (A)''; and
                            (iv) by inserting at the end the following 
                        new subparagraph:
                    ``(C) The value of ecosystem services that such 
                interest in land provides, including as a buffer for 
                storm surge, as a habitat for economically valuable 
                species, and as a long-term carbon store.'';
            (6) in subsection (g), by striking ``15'' and inserting 
        ``20'';
            (7) by redesignating subsections (k) and (l) as subsections 
        (l) and (m), respectively;
            (8) by inserting after subsection (j) the following:
    ``(k) Non-Governmental Organizations.--
            ``(1) In general.--A non-governmental organization that 
        applies for a grant under this section may only be awarded a 
        grant under subsection (b) to acquire property or an interest 
        in property if such organization, with respect to the property 
        or interest in property--
                    ``(A) provides such documentation as the Secretary 
                determines appropriate to demonstrate that the agency 
                that is primarily responsible for managing coastal and 
                estuarine land of the State in which the property or 
                interest in property is located has provided public 
                notice of the support of such agency for the grant 
                application of such organization;
                    ``(B) either--
                            ``(i) ensures that the property or interest 
                        in property is, or will be made, accessible to 
                        the public; or
                            ``(ii) provides documentation showing that 
                        public access to the property or interest in 
                        property is required to be restricted to 
                        maintain the biological integrity, biological 
                        diversity, or environmental health of the 
                        property or interest in property; and
                    ``(C) includes in the deed for the property or 
                interest in property a clear statement regarding how 
                the property or interest in property will be disposed 
                of if such organization becomes nonviable after the 
                date such organization acquires such property or 
                interest in property.
            ``(2) Compliance.--The Secretary shall develop objective 
        measures that each non-governmental organization that applies 
        for a grant under this section shall use to demonstrate the 
        compliance of such organization with the requirements of 
        paragraph (1).''; and
            (9) in subsection (m), as so redesignated, by striking 
        ``fiscal years 2009 through 2013'' and inserting ``fiscal years 
        2024 through 2028''.

SEC. 2. AMENDMENTS TO NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM 
              PROGRAM.

    (a) Designation of Additional Reserves.--
            (1) In general.--Not later than 5 years after the date of 
        the enactment of this section, the Secretary shall designate 
        not less than 5 new national estuarine reserves in the System.
            (2) Prioritization.--In making each designation under 
        paragraph (1), the Secretary shall prioritize nominated sites 
        that will promote the following with respect to the System:
                    (A) The presence of a National Estuarine Research 
                Reserve in each coastal State.
                    (B) Full representation of biogeographic regions to 
                ensure research in areas with distinct biodiversity or 
                estuarine geography.
    (b) Financial Assistance.--Section 315(e)(1)(A)(ii) of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1461(f)(1)(A)(ii)) is amended by 
inserting ``and maintaining'' after ``constructing''.
    (c) Guidelines for Tracking and Modeling the Impacts of Climate 
Change.--Section 315(c) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1461(c)) is amended--
            (1) by redesignating paragraphs (3) through (5) as 
        paragraphs (4) through (6), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) the establishment of coordinated long-term data 
        monitoring and methods throughout the System for tracking and 
        modeling the impacts of climate change on estuarine systems, 
        including impacts on lake levels and sea levels;''.
    (d) Program Elements.--Section 315 of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1461) is amended by adding at the end the 
following:
    ``(h) Systemwide Elements of the National Estuarine Research 
Reserve System.--The Secretary shall coordinate systemwide programs and 
activities in the System including--
            ``(1) the centralized management and dissemination of data 
        from System observation and monitoring networks;
            ``(2) a grant program employing the collaborative research 
        model on coastal research and management priorities to be 
        conducted at research reserve sites focused on the priorities 
        determined by the Secretary;
            ``(3) using National Estuarine Research Reserves as living 
        laboratories and as preferred placements for fellowship and 
        research positions for the National Oceanic and Atmospheric 
        Administration; and
            ``(4) establishing the Margaret A. Davidson Graduate 
        Research Fellowship Program to address key coastal management 
        questions and the coastal research and management priorities of 
        the System and its place-based sites to help scientists and 
        communities understand the coastal challenges that may 
        influence future policy and management strategies.
    ``(i) Place-Based Program Elements of the National Estuarine 
Research Reserve System.--Each National Estuarine Research Reserve 
shall establish and maintain place-based program elements that 
include--
            ``(1) a research, monitoring, and observation network that 
        detects environmental change and informs suitable adaptation 
        and mitigation strategies to coastal hazards;
            ``(2) identifying and monitoring sentinel sites that 
        provide an opportunity to develop and test techniques for 
        adapting to and mitigating the harmful effects of climate 
        change;
            ``(3) education, outreach, training, and interpretive 
        programs that communicate the value and changing dynamics of 
        coastal systems;
            ``(4) stewardship programs that provide science-based 
        tools, habitat management, and restoration and that provide 
        resources and information to inform coastal management;
            ``(5) coastal training programs that provide technical 
        assistance to coastal communities, resource managers, and 
        coastal decisionmakers;
            ``(6) identifying priority land for acquisition to enhance 
        ecosystem and community resilience to the negative effects of 
        climate change; and
            ``(7) the lands and facilities that support such accessible 
        research, monitoring, stewardship, education, and coastal 
        training activities.
    ``(j) Existing Uses.--Except as otherwise explicitly provided in a 
management plan of a National Estuarine Research Reserve, each Reserve 
shall permit existing uses of System lands and waters, including (as 
applicable)--
            ``(1) commercial and recreational fishing;
            ``(2) hunting; and
            ``(3) cultural uses.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $47,000,000 for each of fiscal years 2024 
through 2028 to provide financial assistance under this section.''.
    (e) Definitions.--In this section:
            (1) Coastal state.--The term ``coastal State'' has the 
        meaning given the term ``coastal state'' in section 304 of 
        title III of the Coastal Zone Management Act of 1972 (16 U.S.C. 
        1453), as applicable to such title.
            (2) Secretary.--The term ``Secretary'' has the meaning 
        given the term in section 304 of the Coastal Zone Management 
        Act of 1972 (16 U.S.C. 1453).
            (3) System.--The term ``System'' means the National 
        Estuarine Research Reserve System established under section 315 
        of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461).
                                 <all>
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