I 

116TH CONGRESS 

2D SESSION H. R. 8632 

To direct the Secretary of Commerce, acting through the Administrator of 

the National Oceanic and Atmospheric Administration, to provide for 

ocean-based climate solutions to reduce carbon emissions and global 

warming; to make coastal communities more resilient; and to provide 

for the conservation and restoration of ocean and coastal habitats, biodiversity, and marine mammal and fish populations; and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 20, 2020 

Mr. GRIJALVA (for himself, Mr. HUFFMAN, Mr. LOWENTHAL, Mr. LEVIN of 

California, Mr. NEGUSE, Ms. HAALAND, Mr. SABLAN, Mr. MCEACHIN, 

Mr. CASE, Mrs. DINGELL, Ms. CASTOR of Florida, Ms. BONAMICI, Ms. 

BROWNLEY of California, and Ms. JOHNSON of Texas) introduced the following bill; which was referred to the Committee on Natural Resources, 

and in addition to the Committees on Science, Space, and Technology, 

House Administration, Ways and Means, Transportation and Infrastructure, and Foreign Affairs, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of Commerce, acting through the 

Administrator of the National Oceanic and Atmospheric 

Administration, to provide for ocean-based climate solutions to reduce carbon emissions and global warming; 

to make coastal communities more resilient; and to provide for the conservation and restoration of ocean and 


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coastal habitats, biodiversity, and marine mammal and 

fish populations; and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Ocean-Based Climate Solutions Act of 2020’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is the following: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—MARINE AND COASTAL BLUE CARBON 

Sec. 101. Blue Carbon Program. 

Sec. 102. National map of coastal and marine blue carbon ecosystems. 

Sec. 103. Report on blue carbon in the United States. 

Sec. 104. Blue Carbon Partnership Grant Program. 

Sec. 105. Integrated pilot programs to protect and restore degraded coastal 

blue carbon ecosystems. 

Sec. 106. Interagency working group. 

Sec. 107. Coastal carbon areas of significance. 

Sec. 108. Authorization of Smithsonian Institution blue carbon activities. 

Sec. 109. Authorization of appropriations. 

Sec. 110. Definitions. 

TITLE II—MARINE PROTECTED AREAS 

Sec. 201. Policy. 

Sec. 202. Interagency Task Force. 

Sec. 203. Initiate designation process for successful sanctuary nominations and 

technical corrections to the National Marine Sanctuaries Act. 

Sec. 204. Increased protection for deep sea corals. 

Sec. 205. Marine biodiversity gap analysis. 

TITLE III—OFFSHORE ENERGY 

Subtitle A—Oil and Gas Leasing in the Outer Continental Shelf 

Sec. 301. Prohibition of oil and gas leasing in all areas of the Outer Continental Shelf. 

Subtitle B—Offshore Renewable Energy 

Sec. 311. Sense of Congress on the importance of offshore wind energy. 

Sec. 312. National offshore wind goals. 

Sec. 313. Removing roadblocks for data sharing. 


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Sec. 314. Increasing funding for scientific research. 

Sec. 315. Extending collaboration with industry. 

Sec. 316. Developing strategies to protect wildlife. 

Sec. 317. Offshore wind for the Territories. 

Sec. 318. Marine energy research. 

Sec. 319. Increasing funding for coastal conservation and resilience. 

TITLE IV—CLIMATE-READY FISHERIES, EFFICIENT FISHERY 

VESSELS, AND BUY AMERICAN SEAFOOD 

Sec. 401. Sense of Congress. 

Sec. 402. Caught in the USA. 

Sec. 403. Eliminate fish subsidies in trade agreements. 

Sec. 404. Fuel efficient fishing vessels. 

Sec. 405. Climate and fisheries research and management program. 

Sec. 406. Climate-ready fisheries innovation program. 

Sec. 407. Shifting Stocks Task Force. 

Sec. 408. Essential fish habitat consultation. 

Sec. 409. Ocean Aquaculture Research and Policy Program. 

TITLE V—COASTAL BARRIER RESOURCE ACT AMENDMENTS 

Sec. 501. Undeveloped coastal barrier. 

Sec. 502. Coastal hazard pilot project. 

Sec. 503. Report on expanding Coastal Barrier Resources Act to the Pacific 

Coast, including Pacific Territories and Freely Associated 

States. 

Sec. 504. Require disclosure to prospective buyers that property is in the Coastal Barrier Resources System. 

Sec. 505. Improve Federal agency compliance with Coastal Barrier Resources 

Act. 

Sec. 506. Excess Federal property. 

Sec. 507. Authorization of appropriations. 

TITLE VI—COASTAL ZONE MANAGEMENT ACT AMENDMENTS 

Sec. 601. Grants to further achievement of Tribal coastal zone objectives. 

Sec. 602. Eligibility of District of Columbia for Federal funding under the 

Coastal Zone Management Act of 1972. 

Sec. 603. Coastal and Estuarine Land Conservation Program. 

Sec. 604. Coastal Zone Management Fund. 

Sec. 605. Authorization of appropriations. 

Sec. 606. Amendments to National Estuarine Research Reserve System program. 

TITLE VII—INSULAR AFFAIRS 

Sec. 701. Definitions. 

Sec. 702. Coastal management technical assistance and report. 

Sec. 703. Climate Change Insular Research Grant Program. 

Sec. 704. Extreme weather and climate outreach to insular areas. 

Sec. 705. Coral reefs. 

Sec. 706. Ocean and Coastal Mapping Integration Act. 

Sec. 707. Office of Insular Affairs Technical Assistance Program. 

Sec. 708. Disaster relief Federal cost-share waiver. 

TITLE VIII—STRENGTHENING MARINE MAMMAL CONSERVATION 


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Sec. 801. Conservation of marine mammals adversely affected by climate 

change. 

Sec. 802. Vessel speed restrictions in marine mammal habitat. 

Sec. 803. Monitoring ocean noise for marine mammal health. 

Sec. 804. Grants for seaports to establish programs to reduce the impacts of 

vessel traffic and port operations on marine mammals. 

TITLE IX—INTERNATIONAL AGREEMENTS, EFFORTS IN THE 

ARCTIC, AND BUREAU OF INDIAN AFFAIRS TRIBAL RESILIENCE PROGRAM 

Subtitle A—International Agreements 

Sec. 901. United Nations Convention on the Law of the Sea. 

Subtitle B—Efforts in the Arctic 

Sec. 911. Reinstatement of Executive Order 13754; Northern Bering Sea Climate Resilience Area. 

Sec. 912. Plan for the United States to cut black carbon emissions to 33 percent below 2013 levels by 2025. 

Subtitle C—Bureau of Indian Affairs Tribal Resilience Program 

Sec. 921. Bureau of Indian Affairs Tribal Resilience Program. 

TITLE X—COASTAL RESILIENCY AND ADAPTATION 

Sec. 1001. Living Shoreline Grant Program. 

Sec. 1002. National Oceanic and Atmospheric Administration Research Programs. 

Sec. 1003. Grants for recovering oysters. 

Sec. 1004. Improvements to the National Oceans and Coastal Security Act. 

Sec. 1005. Shovel-ready restoration grants for coastlines and fisheries. 

Sec. 1006. Strategic Climate Change Relocation Initiative and Program. 

TITLE XI—OCEAN HEALTH: OCEAN ACIDIFICATION AND 

HARMFUL ALGAL BLOOMS 

Subtitle A—Coastal Communities Ocean Acidification Act 

Sec. 1101. State and United States defined. 

Sec. 1102. Coastal community vulnerability assessment. 

Subtitle B—Ocean Acidification Act 

Sec. 1111. Prize competitions. 

Subtitle C—COAST Research Act 

Sec. 1121. Purposes. 

Sec. 1122. Definitions. 

Sec. 1123. Interagency working group. 

Sec. 1124. Strategic research plan. 

Sec. 1125. National Oceanic and Atmospheric Administration ocean acidification activities. 

Sec. 1126. National Science Foundation ocean acidification activities. 

Sec. 1127. National Aeronautics and Space Administration ocean acidification 

activities. 


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Sec. 1128. Authorization of appropriations. 

Subtitle D—South Florida Clean Coastal Waters 

Sec. 1131. South Florida harmful algal blooms and hypoxia assessment and action plan. 

Subtitle E—Protecting Local Communities From Harmful Algal Blooms 

Sec. 1141. Algal blooms. 

Subtitle F—Harmful Algal Bloom Essential Forecasting 

Sec. 1151. Designating certain harmful algal bloom services as excepted services under the Anti-Deficiency Act. 

Sec. 1152. Centers of Excellence in Harmful Algal Bloom Research, Prevention, Response, and Mitigation. 

TITLE XII—NATIONAL OCEAN POLICY, DATA, AND COORDINATED 

WEBSITE FOR GRANT PROGRAMS 

Subtitle A—Regional Ocean Partnerships 

Sec. 1201. Findings; sense of Congress; purposes. 

Sec. 1202. Regional Ocean Partnerships. 

Subtitle B—Data and Scientific Coordination 

Sec. 1211. Increased coordination among agencies with respect to data and 

monitoring. 

Sec. 1212. Interagency Ocean Exploration Committee. 

Sec. 1213. Committee on Ocean Policy. 

Sec. 1214. Building data sources. 

Sec. 1215. National sea level rise risk analysis. 

Subtitle C—Digital Coast 

Sec. 1221. Definitions. 

Sec. 1222. Establishment of the Digital Coast. 

Subtitle D—Integrated Coastal and Ocean Observation System 

Sec. 1241. Staggered terms for National Integrated Coastal and Ocean Observation System Advisory Committee. 

Sec. 1242. Integrated coastal and ocean observation system cooperative agreements. 

Sec. 1243. Reauthorization of Integrated Coastal and Ocean Observation System Act of 2009. 

Sec. 1244. Advanced Research Projects Agency–Oceans. 

Subtitle E—Centralized Website for Resiliency Grants 

Sec. 1251. Centralized website for resiliency grants. 

TITLE XIII—WETLANDS 

Subtitle A—Coastal Wetlands 

Sec. 1301. Definitions. 

Sec. 1302. Coastal and Estuary Resilience Grant Program. 


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Sec. 1303. Data collection. 

Sec. 1304. Outreach and technical assistance. 

Sec. 1305. Annual restoration and funding. 

Sec. 1306. Prevailing wage requirement. 

Sec. 1307. Department of the Interior coastal wetland restoration; funding. 

TITLE XIV—MEASURES TO ADDRESS GREENHOUSE GAS 

POLLUTION FROM SHIPPING VESSELS 

Sec. 1401. Greenhouse gas emissions from shipping. 

Sec. 1402. Quiet Seas and Clear Skies Vessel Speed Reduction Award Program. 

TITLE XV—STUDIES AND REPORTS 

Sec. 1501. Deep sea mining. 

Sec. 1502. National Academies assessment of oceanic blue carbon. 

Sec. 1503. Ocean climate impacts and action report. 

Sec. 1504. Report on the ecological and economic effects of high seas fishing 

in the ocean areas beyond national jurisdiction (‘‘ABNJ’’). 

Sec. 1505. National Academies assessment of public access to the coasts. 

Sec. 1506. Study examining the impact of ocean acidification and other environmental stressors on estuarine environments. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Secretary of Commerce acting 

5 through the Administrator of the National Oceanic 

6 and Atmospheric Administration. 

7 (2) EXCLUSIVE ECONOMIC ZONE.—The term 

8 ‘‘exclusive economic zone’’ means the zone estab9 lished by Proclamation Numbered 5030, dated 

10 March 10, 1983. 

11 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

12 has the meaning given such term in section 4 of the 

13 Indian Self-Determination and Education Assistance 

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


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1 (4) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’ has the 

3 meaning given such term in section 101(a) of the 

4 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

5 (5) NATIONAL ACADEMIES.—The term ‘‘Na6 tional Academies’’ means the National Academies of 

7 Science, Engineering, and Medicine. 

8 (6) RESTORATIVE OCEAN AQUACULTURE.—The 

9 term ‘‘restorative ocean aquaculture’’ means ocean 

10 and coastal propagation of seaweed or shellfish 

11 farming that generates positive ecological and social 

12 impact. 

13 (7) STATE.—The term ‘‘State’’ means each of 

14 the several States, the District of Columbia, and the 

15 United States Territories of American Samoa, the 

16 Commonwealth of the Northern Mariana Islands, 

17 Guam, Puerto Rico, and the United States Virgin 

18 Islands. 

19 (8) UNITED STATES.—The term ‘‘United 

20 States’’ means the several States, the District of Co21 lumbia, and the United States Territories of Amer22 ican Samoa, the Commonwealth of the Northern 

23 Mariana Islands, Guam, Puerto Rico, and the 

24 United States Virgin Islands. 


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1 TITLE I—MARINE AND COASTAL 

2 BLUE CARBON 

3 SEC. 101. BLUE CARBON PROGRAM. 

4 (a) ESTABLISHMENT.—The Administrator shall es5 tablish and maintain a Blue Carbon Program within the 

6 National Oceanic and Atmospheric Administration for the 

7 purposes of furthering conservation objectives for fish and 

8 wildlife habitat conservation and restoration and coastal 

9 resilience including the development of ways to incorporate 

10 ecosystem services from carbon storage into existing do11 mestic and international policies, programs, and activities. 

12 (b) ADDITIONAL AUTHORITY.—In conducting the 

13 Program, the Administrator may enter into and perform 

14 such contracts, leases, grants, or cooperative agreements 

15 as may be necessary to carry out the purposes of this sub16 title on such terms as Administrator considers appro17 priate. 

18 (c) CONSULTATION.—The Administrator shall coordi19 nate activities carried out under this section with the As20 sistant Administrator of the National Marine Fisheries 

21 Service and the Assistant Administrator of the National 

22 Ocean Service. 

23 (d) ACTIVITIES.—The Administrator shall lead the 

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1 scribed in section 106(e) and conduct the following activi2 ties: 

3 (1) Collaborate with Federal agencies, the inter4 agency working group, State agencies, Tribes, and 

5 non-governmental organizations on research, restora6 tion, and protection efforts relating to blue carbon 

7 ecosystems. 

8 (2) Develop a database of blue carbon stocks 

9 and fluxes in the United States. 

10 (3) Assist in exploration of the potential for a 

11 market for carbon credits for restoration initiatives, 

12 including research and development of protocols. 

13 (4) Raise awareness of blue carbon ecosystems 

14 as a tool to further conservation objectives through 

15 education and extension activities. 

16 (5) Use existing models or develop new models 

17 to assess blue carbon storage potential that include 

18 quantification, verifiability, additionality as com19 pared to a historical baseline, and permanence of 

20 those benefits. 

21 (6) Quantify current total and net ecosystem 

22 carbon storage in coastal and marine areas. 

23 (7) Project future total and net ecosystem car24 bon storage under different scenarios influenced by 


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1 human population growth, sea level rise, and other 

2 system-wide changes. 

3 (8) Develop and use protocols for inclusion of 

4 blue carbon projects in carbon markets. 

5 (9) Protect and restore habitats, waters, and 

6 organisms that are long-term carbon sinks or will be 

7 subject to habitat change as a result of climate 

8 change and development. 

9 (10) Provide staff and technical expertise to the 

10 interagency working group. 

11 (11) Quantify co-benefits, including flood risk 

12 reduction, habitat restoration for endangered and 

13 threatened species, maintenance of biodiversity, 

14 water quality improvements, habitat maintenance 

15 and creation, cycling of nutrients other than carbon, 

16 commercial and recreational fishing and boating 

17 benefits. 

18 (12) Assess regional and national ecosystem 

19 and socioeconomic impacts of carbon sequestration 

20 and storage. 

21 (13) Research variability, long-term storage, 

22 and innovative techniques for effective, long-term, 

23 natural ocean or coastal ecosystem-based carbon se24 questration. 

25 (14) Identify blue carbon hot spots. 


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1 (15) Assess legal issues of landownership in 

2 blue carbon markets, and develop guidelines to help 

3 landowners navigate the requirements of such mar4 kets. 

5 SEC. 102. NATIONAL MAP OF COASTAL AND MARINE BLUE 

6 CARBON ECOSYSTEMS. 

7 (a) NATIONAL MAP.—The Administrator, in con8 sultation with the interagency working group established 

9 under section 106, shall— 

10 (1) produce, update every 3 years, and main11 tain a national map and inventory of coastal blue 

12 carbon ecosystems including— 

13 (A) with respect to each such ecosystem— 

14 (i) the species and types of habitat in 

15 the ecosystem; 

16 (ii) the condition of such habitats in17 cluding whether a habitat is degraded, 

18 drained, eutrophic, or tidally restricted; 

19 (iii) type of public or private owner20 ship and any protected status; 

21 (iv) the size of the ecosystem; 

22 (v) the salinity boundaries of the eco23 system; 

24 (vi) the tidal boundaries of the eco25 system; 


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1 (vii) an assessment of carbon seques2 tration potential, methane production, and 

3 net greenhouse gas effects of the eco4 system, including consideration of— 

5 (I) quantification; 

6 (II) verifiability; 

7 (III) additionality, as compared 

8 to a historical baseline; and 

9 (IV) permanence of those bene10 fits; 

11 (viii) an assessment of the ecosystem 

12 co-benefits, such as fish habitat for com13 mercial, recreational, and Tribal fisheries, 

14 flood risk reduction, wave stress, storm 

15 protection, shoreline stabilization, public 

16 access, water and air pollution filtration, 

17 contributions to traditional and cultural 

18 practices, and recreational use and benefits 

19 of the ecosystem; 

20 (ix) the potential for landward migra21 tion of each ecosystem as a result of sea 

22 level rise; 

23 (x) any upstream restrictions detri24 mental to the watershed process and condi25 tions, including dams, dikes, and levees; 


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1 (xi) any upstream pollution sources 

2 that threaten the health of each ecosystem; 

3 (xii) proximity to aquaculture uses or 

4 lease areas; and 

5 (xiii) a depiction of the effects of 

6 human stressors, including the conversion 

7 of coastal blue carbon ecosystems to other 

8 land uses and the cause of such conver9 sion; and 

10 (B) a depiction of the effects of climate 

11 change, including sea level rise, ocean acidifica12 tion, ocean warming, and other environmental 

13 stressors on the sequestration rate, carbon stor14 age, and potential of coastal blue carbon eco15 systems; and 

16 (2) in carrying out paragraph (1)— 

17 (A) incorporate, to the extent possible, ex18 isting and future data collected through feder19 ally and State funded research, including data 

20 collected from the National Oceanic and Atmos21 pheric Administration Coastal Change Analysis 

22 Program, United States Fish and Wildlife Serv23 ice National Wetlands Inventory, United States 

24 Geological Survey Land Carbon program, 

25 United States Geological Survey and Federal 


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1 Emergency Management Agency LiDAR infor2 mation coordination and knowledge program, 

3 Department of Energy Biological and Environ4 mental Research program, and Department of 

5 Agriculture National Coastal Blue Carbon As6 sessment; and 

7 (B) engage regional experts for additional 

8 peer-reviewed data to ensure best available sci9 entific information is incorporated. 

10 (b) USE.—The interagency working group shall use 

11 the national map and inventory created pursuant to sub12 section (a)— 

13 (1) to assess the existing and potential carbon 

14 sequestration of different coastal blue carbon eco15 systems, and account for any regional differences; 

16 (2) to assess and quantify emissions from de17 graded and destroyed coastal blue carbon eco18 systems; 

19 (3) to develop regional assessments and to pro20 vide technical assistance to regional, State, Tribal, 

21 and local government agencies, regional information 

22 coordination entities (as such term is defined in sec23 tion 12303(6) of the Integrated Coastal and Ocean 

24 Observation System Act (33 U.S.C. 3602)), and 

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1 port communities that may not have adequate re2 sources, including low-income communities, commu3 nities of color, Tribal communities, and rural com4 munities; 

5 (4) to assess degraded coastal blue carbon eco6 systems and their potential for restoration, including 

7 developing scenario modeling to identify vulnerable 

8 land areas where management, protection, and res9 toration efforts should be focused, including the po10 tential for an ecosystem to migrate inland to adapt 

11 to sea level rise; and 

12 (5) produce predictions of coastal blue carbon 

13 ecosystems and carbon sequestration rates in the 

14 context of climate change, environmental stressors, 

15 and human stressors. 

16 SEC. 103. REPORT ON BLUE CARBON IN THE UNITED 

17 STATES. 

18 Not later than 1 year after the date of the enactment 

19 of this Act and every 2 years thereafter, the Adminis20 trator, in consultation with the interagency working 

21 group, shall submit to the Committee on Natural Re22 sources of the House of Representatives and the Com23 mittee on Commerce, Science, and Transportation of the 

24 Senate a report containing the following: 


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1 (1) A summary of federally funded coastal and 

2 marine blue carbon ecosystem research, monitoring, 

3 preservation, and restoration activities, including the 

4 budget for each of these activities and describe the 

5 progress in advancing the national priorities estab6 lished by the interagency working group. 

7 (2) With respect to each blue carbon eco8 system— 

9 (A) the type; 

10 (B) location; and 

11 (C) type of ownership, delineated by pri12 vate lands, State lands, Tribal lands, or Fed13 eral. 

14 (3) An assessment of the vulnerability of coast15 al and marine blue carbon ecosystems to climate im16 pacts such as sea-level rise, acidification, and salt17 water intrusion, and other environmental and human 

18 stressors, such as development, water pollution, and 

19 aquaculture. 

20 (4) An assessment of the greatest anthropo21 genic threats to blue carbon ecosystems, including 

22 the Federal agency actions that have historically 

23 caused and presently cause great adverse effects on 

24 such ecosystems. 


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1 (5) An assessment of the carbon sequestration 

2 potential of blue carbon ecosystems and the probable 

3 changes to sequestration under climate change sce4 narios. 

5 (6) An assessment of biophysical, social, and 

6 economic impediments including water storage and 

7 flood control structures to coastal blue carbon eco8 system protection and restoration and opportunities 

9 to restore and enhance the resilience of and seques10 tration potential of blue carbon ecosystems. 

11 (7) An assessment of aging or outdated artifi12 cial structures, including dikes, levees, dams, cul13 verts, water storage structures, shoreline hardening 

14 projects, impediments to fish passage, and other in15 frastructure that impede the ecological or sequestra16 tion functions of blue carbon areas and the feasi17 bility of repairing, retrofitting, or removing such 

18 structures. 

19 (8) The economic, social, and environmental co20 benefits that these blue carbon ecosystems provide 

21 including— 

22 (A) coastal protection from storms and 

23 flooding; 

24 (B) tourism and recreational use; 

25 (C) benefits to fisheries; 


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1 (D) nutrient removal; 

2 (E) number of jobs that are directly or in3 directly attributable to blue carbon ecosystems; 

4 and 

5 (F) total economic activity that is attrib6 utable to such blue carbon ecosystems. 

7 (9) An assessment of the social and economic 

8 makeup of the communities served by blue carbon 

9 ecosystems. 

10 SEC. 104. BLUE CARBON PARTNERSHIP GRANT PROGRAM. 

11 (a) ESTABLISHMENT.—The Administrator shall es12 tablish a competitive grant program entitled the ‘‘Blue 

13 Carbon Partnership Grant Program’’ to, beginning not 

14 later than 2 years after the date of enactment of this Act, 

15 provide funds to eligible entities for projects that— 

16 (1) protect and restore blue carbon stocks, oce17 anic blue carbon, and coastal blue carbon ecosystems 

18 and increase the long-term carbon storage; and 

19 (2) contribute to priorities identified in the 

20 most recent strategic plan developed by the inter21 agency working group. 

22 (b) ELIGIBLE RECIPIENTS.—A person or entity is eli23 gible to receive a grant under the grant program if such 

24 person is— 


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1 (1) a voluntary private landowner or group of 

2 landowners; 

3 (2) a State agency responsible for managing 

4 natural resources or wildlife; 

5 (3) an Indian Tribe; 

6 (4) a unit of local government; 

7 (5) a nonprofit organization or land trust; 

8 (6) an institution of higher education and re9 search; or 

10 (7) any group of entities described in para11 graphs (1) through (6). 

12 (c) REQUIREMENTS.—In administering the grant 

13 program under this section, the Secretary shall use the 

14 criteria, guidelines, contracts, reporting requirements, and 

15 evaluation metrics developed by the interagency working 

16 group. 

17 (d) SELECTION CRITERIA.—In evaluating applica18 tions for the program from eligible entities, the Adminis19 trator shall give priority to proposed eligible restoration 

20 activities that— 

21 (1) would result in long-term protection and se22 questration of carbon stored in coastal and marine 

23 environments; and 

24 (2)(A) would protect key habitats for fish, wild25 life, and the maintenance of biodiversity; 


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1 (B) would provide coastal protection from devel2 opment, storms, flooding, and land-based pollution; 

3 (C) would protect coastal resources of national, 

4 historical, and cultural significance; 

5 (D) would benefit communities of color, low-in6 come communities, Tribal or Indigenous commu7 nities, or rural communities; or 

8 (E) would capitalize on existing established 

9 public/private partnerships. 

10 (e) REPORT TO CONGRESS.— 

11 (1) REPORT REQUIRED.—The Administrator 

12 shall submit annually to Congress a report con13 taining a State-by-State analysis of— 

14 (A) the total number of acres of land or 

15 water protected or restored through fee title ac16 quisition, easement, restoration or other activi17 ties under the program; 

18 (B) the status of restoration projects 

19 under this program; and 

20 (C) the amount of blue carbon captured or 

21 protected over a 100-year time period as a re22 sult of this program. 

23 (2) PUBLICATION OF REPORT.—The Adminis24 trator shall make available to the public each report 

25 required by paragraph (1). 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Administrator 

3 $200,000,000 for each of the fiscal years 2021 to 2025 

4 to carry out this section. 

5 SEC. 105. INTEGRATED PILOT PROGRAMS TO PROTECT AND 

6 RESTORE DEGRADED COASTAL BLUE CAR7 BON ECOSYSTEMS. 

8 The Administrator shall— 

9 (1) establish integrated pilot programs that de10 velop best management practices, including design 

11 criteria and performance functions, for coastal and 

12 marine blue carbon ecosystem restoration, nature13 based adaptation strategies, living shoreline projects, 

14 landward progression or migration of coastal blue 

15 carbon ecosystems, and identify potential barriers to 

16 restoration efforts; 

17 (2) ensure that the pilot programs cover geo18 graphically, ecologically, culturally, and economically 

19 representative locations with significant ecological, 

20 economic, and social benefits and maximize potential 

21 for long-term carbon storage; 

22 (3) establish a procedure for reviewing applica23 tions for the pilot program, taking into account— 

24 (A) quantification; 

25 (B) verifiability; 


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1 (C) additionality, as compared to a histor2 ical baseline; and 

3 (D) permanence of those benefits; 

4 (4) ensure, through consultation with the inter5 agency working group, that the goals, metrics, moni6 toring, and outcomes of the pilot programs are com7 municated to the appropriate State, Tribal, and local 

8 governments, and to the general public; and 

9 (5) coordinate with relevant Federal agencies 

10 on the interagency working group to prevent unnec11 essary duplication of effort among Federal agencies 

12 and departments with respect to protection and res13 toration programs. 

14 SEC. 106. INTERAGENCY WORKING GROUP. 

15 (a) ESTABLISHMENT.—The National Science and 

16 Technology Council Subcommittee on Ocean Science and 

17 Technology shall establish the Interagency Working Group 

18 on Coastal and Marine Blue Carbon. 

19 (b) PURPOSES.—The interagency working group 

20 shall— 

21 (1) oversee the development of and updates to 

22 a national map, including United States Territories, 

23 of coastal and marine blue carbon ecosystems, in24 cluding habitat types with a regional focus in analVerDate Sep 11 2014 19:26 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H8632.IH H8632

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1 ysis that is usable for local level protection planning 

2 and restoration; 

3 (2) use such map to inform the Administrator 

4 of the Environmental Protection Agency’s creation 

5 of the annual Inventory of U.S. Greenhouse Gas 

6 Emissions and Sinks; 

7 (3) establish national coastal and marine blue 

8 carbon ecosystem restoration priorities, including an 

9 assessment of current Federal funding being used 

10 for restoration and conservation efforts; 

11 (4) assess the biophysical, social, statutory, reg12 ulatory, and economic impediments to coastal and 

13 marine blue carbon ecosystem protection and res14 toration; 

15 (5) study the effects of climate change and en16 vironmental and human stressors on carbon seques17 tration rates; 

18 (6) identify priority blue carbon ecosystems for 

19 protection; 

20 (7) develop a national strategy for foundational 

21 science necessary to study, synthesize, and evaluate 

22 the effects of climate change, environmental, and 

23 human stressors on sequestration rates and capabili24 ties of marine blue carbon and coastal blue carbon 

25 ecosystems protection; 


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1 (8) develop an assessment of current legal au2 thorities to protect and restore blue carbon eco3 systems and make recommendations for additional 

4 authorities if current authorities are determined to 

5 be insufficient; and 

6 (9) ensure the continuity, use, and interoper7 ability of data assets through Coastal Carbon Data 

8 Clearinghouse of the Smithsonian Institution. 

9 (c) MEMBERSHIP.—The interagency working group 

10 shall be comprised of representatives of the following: 

11 (1) The Administrator. 

12 (2) The Administrator of the Environmental 

13 Protection Agency. 

14 (3) The Director of the National Science Foun15 dation. 

16 (4) The Administrator of the National Aero17 nautics and Space Administration. 

18 (5) The Director of the United States Geologi19 cal Survey. 

20 (6) The Director of the United States Fish and 

21 Wildlife Service. 

22 (7) The Director of the National Park Service. 

23 (8) The Director of the Bureau of Indian Af24 fairs. 


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1 (9) The Secretary of the Smithsonian Institu2 tion. 

3 (10) The Chief of Engineers of the Army Corps 

4 of Engineers. 

5 (11) The Secretary of Agriculture. 

6 (12) The Secretary of Defense. 

7 (13) The Secretary of Transportation. 

8 (14) The Secretary of State. 

9 (15) The Secretary of Energy. 

10 (16) The Administrator of the United States 

11 Agency for International Development. 

12 (17) The Administrator of the Federal Emer13 gency Management Agency. 

14 (18) The Chair of the Council on Environ15 mental Quality. 

16 (d) CHAIR.—The interagency working group shall be 

17 chaired by the Administrator. 

18 (e) STRATEGIC PLAN.— 

19 (1) IN GENERAL.—The Interagency Working 

20 group shall create a strategic plan for Federal in21 vestments in basic research, development, dem22 onstration, long-term monitoring and stewardship, 

23 and deployment of coastal blue carbon ecosystem 

24 and marine blue carbon projects for the 5-year pe25 riod beginning on the date that is 1 year after the 


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1 date of enactment of this Act. The plan shall in2 clude— 

3 (A) an assessment of the use of existing 

4 Federal programs to protect, restore, enhance, 

5 and preserve coastal blue carbon ecosystems; 

6 (B) an analysis of potential sea level rise 

7 migration corridors for blue carbon ecosystems; 

8 (C) an analysis of anticipated fish and 

9 wildlife uses of blue carbon ecosystems; and 

10 (D) identification of priority strategies and 

11 investments for preserving, restoring, and en12 hancing the resilience and carbon sequestration 

13 potential of such blue carbon ecosystems. 

14 (2) TIMING.—The interagency working group 

15 shall— 

16 (A) submit the strategic plan under para17 graph (1) to the Committee on Natural Re18 sources and the Committee on Science, Space, 

19 and Technology of the House of Representa20 tives and the Committee on Commerce, Science, 

21 and Transportation of the Senate on a date 

22 that is not later than 1 year after the date of 

23 enactment of this Act; and 

24 (B) submit a revised version of such plan 

25 to such committees every 5 years thereafter. 


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1 (3) FEDERAL REGISTER.—Not less than 90 

2 days before the strategic plan, or any revision there3 of, is submitted under paragraph (2), the inter4 agency working group shall publish such plan in the 

5 Federal Register and solicit public comments on 

6 such plan for a period of not less than 60 days. 

7 SEC. 107. COASTAL CARBON AREAS OF SIGNIFICANCE. 

8 (a) DESIGNATION.—The Administrator, consistent 

9 with this section, shall designate as a coastal carbon area 

10 of significance any area that is— 

11 (1) in the coastal zone (as such term is defined 

12 in section 304 of the Coastal Zone Management Act 

13 of 1972 (16 U.S.C. 1453)), in territorial waters of 

14 the United States, or in the exclusive economic zone; 

15 and 

16 (2) the location of water, a substrate, or an eco17 system that— 

18 (A) provides for long-term storage and se19 questration of significant amounts of ecosystem 

20 carbon; and 

21 (B)(i) limits erosion and future landward 

22 migration; 

23 (ii) provides a buffer against storm surge, 

24 especially for communities of color, low-income 


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1 communities, and Tribal and Indigenous com2 munities; 

3 (iii) provides a spawning, breeding, feed4 ing, or nesting habitat for wildlife; or 

5 (iv) is estuarine habitat designated as es6 sential fish habitat under the Magnuson-Ste7 vens Fishery Conservation and Management 

8 Act (16 U.S.C. 1601 et seq.). 

9 (b) GUIDELINES.—The Administrator, in consulta10 tion with the interagency working group, shall, not later 

11 than 1 year after the date of enactment of this Act, estab12 lish by regulation guidelines based on the best available 

13 science to describe and identify coastal carbon areas of 

14 significance and measures to ensure the protection of 

15 coastal carbon areas of significance. 

16 (c) REVIEW AND UPDATE.—The Administrator, in 

17 consultation with the interagency working group, shall re18 view and update guidelines established under subsection 

19 (b) not less frequently than once every 5 years or when 

20 new information warrants such an update. 

21 (d) SCHEDULE.—The Administrator, in consultation 

22 with the interagency working group, shall establish a 

23 schedule for the identification of coastal carbon areas of 

24 significance under subsection (b) and for reviews and up25 dates under subsection (c), and shall make initial designaVerDate Sep 11 2014 19:26 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H8632.IH H8632

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1 tions of a coastal carbon area of significance in each coast2 al State not later than 1 year after the date of enactment 

3 of this Act. 

4 (e) RECOMMENDATIONS AND INFORMATION.—The 

5 Administrator, in consultation with the interagency work6 ing group, shall, with respect to each coastal carbon area 

7 of significance, provide recommendations and information 

8 regarding the adverse impacts and threats to the carbon 

9 storage, ecosystem services, and habitat capacity of the 

10 area, and the actions that should be considered to avoid 

11 adverse impacts and ensure the conservation and enhance12 ment of that area. 

13 (f) PROGRAMS ADMINISTERED BY THE SECRETARY

14 OF COMMERCE.—The Administrator, in consultation with 

15 the interagency working group, shall use programs admin16 istered by the Secretary of Commerce to carry out this 

17 section and ensure the conservation and enhancement of 

18 each coastal carbon area of significance. 

19 (g) REQUIREMENTS FOR FEDERAL ACTIONS.—With 

20 respect to any proposed agency action that has the poten21 tial to cause an adverse impact on the carbon storage, eco22 system services, or habitat capacity of any coastal carbon 

23 area of significance, each Federal agency shall comply 

24 with the following requirements: 


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1 (1) NOTIFICATION.—Such Federal agency shall 

2 notify the Administrator of such proposed agency ac3 tion. 

4 (2) DETERMINATION OF ADVERSE IMPACT.— 

5 The Administrator, in consultation with the pro6 posing agency and subject to public comment, shall 

7 determine whether the proposed agency action will 

8 cause an adverse impact on the carbon storage, eco9 system, or habitat of a coastal carbon area of signifi10 cance. 

11 (3) ALTERNATIVE.—With respect to any pro12 posed action the Administrator determines will have 

13 an adverse impact under paragraph (2), the pro14 posing agency, in consultation with the Adminis15 trator, shall determine whether there is an alter16 native action that would prevent such adverse im17 pact and fulfill the purpose of the proposed action. 

18 The proposing agency shall not take an action that 

19 would cause an adverse impact if an alternative that 

20 would not cause such adverse impact is available and 

21 would fulfill the purpose of such action. 

22 (4) CARBON STORAGE OFFSETS.—With respect 

23 to a proposed action for which the agency deter24 mines no alternative is available under paragraph 

25 (3), the proposing agency shall— 


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1 (A) in consultation with the Administrator, 

2 take measures to minimize and mitigate such 

3 adverse impact; 

4 (B) take such action as the Administrator 

5 determines necessary to create a coastal or ma6 rine blue carbon ecosystem storage offset that, 

7 taken in conjunction with the proposed action, 

8 results in a long term net increase in carbon 

9 storage, lasting an equivalent time period as the 

10 carbon storage lost by the adverse impact; 

11 (C) demonstrate quantitatively, using the 

12 best available science, that the carbon storage 

13 offset will result in a net increase in ecological 

14 carbon storage and is located in close proximity 

15 to the original site to keep the affected commu16 nities whole; 

17 (D) maintain such carbon storage offset 

18 for a period of time to be determined by the 

19 Administrator but not less than 100 years; and 

20 (E) publish the agency’s proposed course 

21 of mitigation in the Federal Register for public 

22 notice and comment. 

23 (h) REQUIREMENT FOR AUTHORIZATION OR APPRO24 PRIATION.—Any requests for a new authorization or ap25 propriation from a Federal agency transmitted to the OfVerDate Sep 11 2014 19:26 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H8632.IH H8632

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1 fice of Management and Budget shall include, if such au2 thorization or appropriation may affect a coastal carbon 

3 area of significance, a certification that such agency will 

4 use such authorization or appropriation in compliance 

5 with this section. 

6 (i) REQUIRED RESTRICTIONS.—A Federal agency 

7 may not enter into a lease, easement, right-of-way, or sale 

8 of any land designated as a coastal carbon area of signifi9 cance unless such agency attaches appropriate restrictions 

10 to the use of the property to protect the coastal carbon 

11 area of significance. 

12 (j) EXCEPTION.—Preparation, revision, implementa13 tion, or enforcement of a fishery management plan under 

14 the Magnuson-Stevens Fishery Conservation and Manage15 ment Act (16 U.S.C. 1801 et seq.) that applies to area 

16 that is subject to a prohibition on all bottom-tending fish17 ing gear shall not be treated as an action that is subject 

18 to subsection (g). 

19 SEC. 108. AUTHORIZATION OF SMITHSONIAN INSTITUTION 

20 BLUE CARBON ACTIVITIES. 

21 (a) IN GENERAL.—The Secretary of the Smithsonian 

22 Institution, in coordination with the Administrator and 

23 the interagency working group, shall provide for the long24 term stewardship, continuity, use, and interoperability of, 

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1 systems and national mapping, including United States 

2 Territories and Tribal lands, by supporting the mainte3 nance of the Coastal Carbon Data Clearinghouse. 

4 (b) COASTAL CARBON DATA CLEARINGHOUSE DU5 TIES.—Acting through the Coastal Carbon Data Clearing6 house, the Secretary of the Smithsonian Institution in co7 ordination with the Administrator and interagency work8 ing group shall process, store, archive, provide access to, 

9 and incorporate to the extent possible, all coastal and ma10 rine blue carbon data collected through federally funded 

11 research by a Federal agency, State, local agency, Tribe, 

12 academic scientist, or other relevant entity. 

13 (c) GLOBAL AND NATIONAL DATA ASSETS.—The 

14 Secretary of the Smithsonian Institution, in coordination 

15 with the Administrator and the interagency working 

16 group, shall ensure that existing global and national data 

17 assets are incorporated into the Coastal Carbon Data 

18 Clearinghouse to the greatest extent possible. 

19 (d) ESTABLISHMENT OF STANDARDS, PROTOCOLS, 

20 AND PROCEDURES.—The Secretary of the Smithsonian 

21 Institution, in coordination with the Administrator and 

22 members of the interagency working group, shall establish 

23 standards, protocols, and procedures for the processing, 

24 storing, archiving, and providing access to data in the 

25 Coastal Carbon Data Clearinghouse and best practices for 


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1 sharing such data with State, local, and Tribal govern2 ments, coastal stakeholders, non-Federal resource man3 agers, and academia. The Administrator shall publish, up4 date, and keep current such data on a publicly available 

5 website. 

6 (e) DIGITAL TOOLS AND RESOURCES.—The Sec7 retary of the Smithsonian Institution, in coordination with 

8 the Administrator and members of the interagency work9 ing group, shall develop digital tools and resources to sup10 port the public use of the Coastal Carbon Data Clearing11 house. 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary of the 

14 Smithsonian Institution $5,000,000 for each of fiscal 

15 years 2021 through 2025 to carry out this section. 

16 SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated to the Admin18 istrator $50,000,000 for each of the fiscal years 2021 to 

19 2025 to carry out this title. 

20 SEC. 110. DEFINITIONS. 

21 In this title: 

22 (1) BLUE CARBON STOCKS.—The term ‘‘blue 

23 carbon stocks’’ means terrestrial and marine vegeta24 tion and underlying sediment that has the capacity 

25 to sequester and store atmospheric carbon. 


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1 (2) COASTAL BLUE CARBON ECOSYSTEM.—The 

2 term ‘‘coastal blue carbon ecosystem’’ means vege3 tated coastal habitats including mangroves, tidal 

4 marshes, seagrasses, kelp forests, and other tidal or 

5 salt-water wetlands that have the capacity to seques6 ter carbon from the atmosphere for a period of not 

7 less than 100 years. 

8 (3) COASTAL CARBON AREAS OF SIGNIFI9 CANCE.—The term ‘‘coastal carbon area of signifi10 cance’’ means any area designated by the Adminis11 trator under section 107 as a coastal carbon area of 

12 significance. 

13 (4) GRANT PROGRAM.—The term ‘‘grant pro14 gram’’ means the Blue Carbon Partnership Grant 

15 Program established pursuant to section 104. 

16 (5) INTERAGENCY WORKING GROUP.—The term 

17 ‘‘interagency working group’’ means the Interagency 

18 Working Group on Coastal Blue Carbon established 

19 under section 106. 

20 (6) MARINE BLUE CARBON.—The term ‘‘ Ma21 rine Blue Carbon’’ means the sequestration of car22 bon in pelagic and deep sea ecosystems, including in 

23 sediments and through the ecosystem impacts of in24 creased biomass of large marine wildlife. 


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1 (7) PROGRAM.—The term ‘‘Program’’ means 

2 the Blue Carbon Program required by section 

3 101(a). 

4 TITLE II—MARINE PROTECTED 

5 AREAS 

6 SEC. 201. POLICY. 

7 (a) PROTECTION OF HABITAT.—It is the policy of the 

8 United States— 

9 (1) to prohibit any commercial extractive or de10 structive human activity in at least 30 percent of the 

11 ocean under United States jurisdiction by 2030. The 

12 30 percent shall include existing areas in which com13 mercial extractive and destructive human activities 

14 are and continue to be prohibited; and 

15 (2) to support the adoption and implementation 

16 of a global goal to protect at least 30 percent of land 

17 and 30 percent of ocean areas by 2030 under the 

18 Convention on Biological Diversity. 

19 (b) HABITATS AND ECOSYSTEMS SUBJECT TO PRO20 TECTION.—It is the policy of the United States to protect 

21 ocean habitats and ecosystems that represent— 

22 (1) the diversity of the United States ocean; 

23 (2) areas important for conserving and, where 

24 appropriate, preserving biodiversity; 


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1 (3) critical breeding, resting, and feeding habi2 tats for wildlife; 

3 (4) interconnected networks of marine protected 

4 areas and wildlife migration corridors; 

5 (5) areas that will help mitigate the impacts of 

6 the climate crisis, including those areas that provide 

7 carbon storage, adaptation, and resilience benefits; 

8 (6) areas that are relatively pristine and least 

9 impacted by human activity; and 

10 (7) areas that help mitigate threats to the 

11 United States most vulnerable coastal communities, 

12 including protections for natural resources that sup13 port the economy and health of communities that 

14 rely on a healthy and clean ocean, in particular com15 munities of color, low-income communities, and 

16 Tribal and Indigenous communities adversely af17 fected by climate change. 

18 (c) CONSIDERATIONS IN CARRYING OUT POLICY.— 

19 A Federal agency carrying out the policies described in 

20 this section shall seek to carry out such policies in a man21 ner that— 

22 (1) relies on best available science; 

23 (2) includes meaningful input from States, local 

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1 agement, Indigenous sustainable resource manage2 ment, Tribal sovereignty, and the right to Tribal 

3 self-determination; 

4 (3) improves access to nature for all people, 

5 with an emphasis on increasing access for commu6 nities of color and low-income communities; 

7 (4) provides ecological and geographic represen8 tation, taking into account that some Fishery Man9 agement Councils have taken action to ban the use 

10 of all bottom-tending fishing gear and all fishing 

11 gear with bycatch rates that adversely affect marine 

12 wildlife populations; 

13 (5) conserves, protects, and restores biodiver14 sity; 

15 (6) protects ecosystems and the services of eco16 systems, restores degraded ecosystems, and main17 tains ecological functions; 

18 (7) enhances climate mitigation, adaptation, 

19 and resilience, including by protecting ecosystems, 

20 species and genetic diversity; 

21 (8) supports sustainable economic opportunity 

22 for people who depend on the ocean for their liveli23 hoods by making the ocean more resilient to climate 

24 change and enhancing ecosystem functioning; 


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1 (9) evaluates the negative and positive economic 

2 impacts of such policies and considers ways to miti3 gate such negative impacts; 

4 (10) considers local and regional input in the 

5 design and implementation of protected areas, in6 cluding input from stakeholders, and considers the 

7 cultural values, including seafaring and maritime 

8 heritage values, of the United States; and 

9 (11) provides tools and resources to ensure that 

10 protected areas are effectively managed. 

11 (d) DEFINITIONS.—In this section: 

12 (1) COMMUNITIES OF COLOR.—The term ‘‘com13 munities of color’’ means a geographically distinct 

14 area in which the population of any of the following 

15 categories of individuals is higher than the average 

16 populations of that category for the State in which 

17 the community is located: 

18 (A) Black. 

19 (B) African American. 

20 (C) Asian American. 

21 (D) Pacific Islander. 

22 (E) Other non-White race. 

23 (F) Hispanic. 

24 (G) Latino. 

25 (H) Linguistically isolated. 


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1 (2) PROTECT AND PROTECTION.—Each of the 

2 terms ‘‘protect’’ and ‘‘protection’’ means the estab3 lishment of enduring measures on land, waters, and 

4 oceans that support thriving biodiversity, contribute 

5 to climate resilience, and provide ecosystem services, 

6 such that their natural character, resources, and 

7 functions are conserved, protected, restored and, 

8 when shown necessary, enhanced for current and fu9 ture generations. 

10 SEC. 202. INTERAGENCY TASK FORCE. 

11 (a) ESTABLISHMENT.—Not later than 45 days after 

12 the date of enactment of this Act, the President shall es13 tablish the 30x30 Interagency Task Force. 

14 (b) CHAIR.—The task force shall be chaired by the 

15 chair of the Council on Environmental Quality. 

16 (c) COMPOSITION.—The President shall appoint the 

17 following individuals as members of the task force: 

18 (1) The Administrator of the Environmental 

19 Protection Agency. 

20 (2) The Administrator. 

21 (3) The Secretary of the Interior. 

22 (4) The Secretary of Defense. 

23 (5) The Secretary of State. 

24 (6) The Secretary of Energy. 

25 (7) The Secretary of Homeland Security. 


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1 (8) The Director of the Office of Science and 

2 Technology Policy. 

3 (d) PLAN.—Not later than one year after the date 

4 on which the task force is established, the task force 

5 shall— 

6 (1) develop a plan and schedule consistent with 

7 the policy of prohibiting any commercial extractive 

8 or destructive human activity on at least 30 percent 

9 of the ocean under United States jurisdiction by 

10 2030 that includes— 

11 (A) an update to the National Marine Pro12 tected Area Center’s Marine Protected Area In13 ventory; 

14 (B) the identification of candidate areas 

15 for protection that meet one or more of the cri16 teria set out in section 201(b); and 

17 (C) annual benchmarks for achieving the 

18 policy described in subsection (d)(1); and 

19 (2) develop a plan to provide technical assist20 ance, data, and other resources for identifying and 

21 establishing strongly protected areas of the ocean in 

22 areas beyond national jurisdiction that includes— 

23 (A) an inventory of areas already protected 

24 in areas of the ocean beyond the jurisdiction of 

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1 tivities that are currently allowed in each of the 

2 areas; and 

3 (B) an inventory of areas that other coun4 tries or international governing bodies are con5 sidering making a marine protected area. 

6 (e) INVENTORY.—The task force shall conduct an in7 ventory of areas under United States jurisdiction that are 

8 subject to both a prohibition on all bottom-tending fishing 

9 gear and a prohibition on all fishing gear with bycatch 

10 rates that adversely affect marine wildlife populations, and 

11 identify additional prohibitions on nonfishing commercial 

12 activities in those areas. 

13 (f) ANNUAL REPORT.—Not later than 2 years after 

14 the date of enactment of this Act, and annually thereafter, 

15 the task force shall submit a report to Congress on the 

16 progress of the United States in meeting the policy de17 scribed in subsection (d)(1). 

18 (g) AGENCY PLANS.—Not later than 180 days after 

19 the date on which the task force issues a plan under sub20 section (d), each member of the task force shall develop 

21 and implement an agency plan for actions to be taken to 

22 implement such task force plan. 

23 (h) PUBLIC COMMENT AND CONSULTATION.—The 

24 development of a plan under subsection (e) and the devel25 opment of a plan under subsection (g) shall be subject to 


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1 public comment and carried out in consultation with rel2 evant Regional Fishery Management Councils established 

3 under the Magnuson-Stevens Fishery Conservation and 

4 Management Act (16 U.S.C. 1801 et seq.). 

5 (i) DEFINITIONS.—In this section the term ‘‘task 

6 force’’ means the 30x30 Interagency Task Force estab7 lished pursuant to subsection (a). 

8 SEC. 203. INITIATE DESIGNATION PROCESS FOR SUCCESS9 FUL SANCTUARY NOMINATIONS AND TECH10 NICAL CORRECTIONS TO THE NATIONAL MA11 RINE SANCTUARIES ACT. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of enactment of this Act, the Secretary of Commerce 

14 shall initiate the process to designate as a national marine 

15 sanctuary under section 304 of the National Marine Sanc16 tuaries Act (16 U.S.C. 1433) each of the areas identified 

17 in the Inventory of Successful Nominations of the Na18 tional Oceanic and Atmospheric Administration as of Oc19 tober 20, 2020. 

20 (b) REMOVAL OF LIMITATIONS ON DESIGNATIONS.— 

21 Section 304 of the Marine Protection, Research, and 

22 Sanctuaries Act of 1972 (16 U.S.C. 1434) is amended by 

23 striking subsection (f). 


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1 SEC. 204. INCREASED PROTECTION FOR DEEP SEA CORALS. 

2 (a) DESIGNATION.—The Administrator shall des3 ignate as a Deep Sea Coral Marine Conservation Area any 

4 area where deep sea coral is found— 

5 (1) that is— 

6 (A) within the waters of the exclusive eco7 nomic zone; or 

8 (B) on the Outer Continental Shelf; and 

9 (2) in which the Administrator or a Regional 

10 Fishery Management Council established under sec11 tion 302 of the Magnuson-Stevens Fishery Con12 servation and Management Act (16 U.S.C. 1852) 

13 has prohibited the use of gear in contact with the 

14 ocean bottom, and towed from a vessel, which is 

15 moved through the water during fishing in order to 

16 capture fish, including otter trawls, beam trawls, hy17 draulic dredges, non-hydraulic dredges, and seines 

18 (with the exception of a purse seine). 

19 (b) PROHIBITIONS.—Except as provided in sub20 section (c), the following activities are prohibited in a 

21 Deep Sea Coral Marine Conservation Area— 

22 (1) exploring for, developing, or producing oil, 

23 gas, or minerals; 

24 (2) using or attempting to use poisons, elec25 trical charges, or explosives in the collection or har26 vest of any marine resource; 


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1 (3) intentionally introducing or otherwise re2 leasing any non-native species; 

3 (4) anchoring on any living or dead coral; 

4 (5) drilling into, dredging, or otherwise altering 

5 the seafloor; 

6 (6) use of bottom trawl nets or other bottom7 tending fishing gear; and 

8 (7) deliberate dumping or discharge of noxious 

9 substances, materials that may cause eutrophication, 

10 or materials that artificially increase endemic pest 

11 outbreaks. 

12 (c) EXCEPTIONS.—Subsection (b) shall not apply 

13 to— 

14 (1) otherwise lawful conduct of the armed 

15 forces (as such term is defined in section 101 of title 

16 10, United States Code) unless such conduct is 

17 deemed destructive by the Secretary of Commerce to 

18 a national marine monument or marine sanctuary; 

19 (2) an action necessary to respond to an emer20 gency threatening life, property, or the environment, 

21 or an activity necessary for a national security or 

22 law enforcement purpose; and 

23 (3) scientific exploration or research activities, 

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1 ment of the living and nonliving marine resources of 

2 the Conservation Area. 

3 (d) ANALYSIS.—The Administrator shall, every two 

4 years, conduct an analysis and provide recommendations 

5 to each Regional Fishery Management Council established 

6 under 302 of the Magnuson-Stevens Fishery Conservation 

7 and Management Act (16 U.S.C. 1852) as to whether any 

8 additional area should be protected by a prohibition on 

9 the use of gear in contact with the ocean bottom, and 

10 towed from a vessel, which is moved through the water 

11 during fishing in order to capture fish, including otter 

12 trawls, beam trawls, hydraulic dredges, non-hydraulic 

13 dredges, and seines (with the exception of a purse seine). 

14 SEC. 205. MARINE BIODIVERSITY GAP ANALYSIS. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of enactment of this Act, the Secretary of Commerce 

17 and the Secretary of the Interior, in coordination with rel18 evant Federal and State agencies, shall begin a marine 

19 biodiversity gap analysis meeting the requirements de20 scribed in subsection (b) to be completed not later than 

21 18 months after such date. Such Secretaries, in coordina22 tion with relevant Federal and State agencies, shall update 

23 such analysis not less frequently than every 2 years there24 after. 


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1 (b) REQUIREMENTS.—The requirements of this sub2 section are that the Marine Biodiversity Gap Analysis 

3 shall— 

4 (1) be consistent with the policy set out in sec5 tion 201; 

6 (2) assess habitats, species, and ecosystems 

7 across the United States ocean waters and coasts; 

8 and 

9 (3) determine what types of habitats, species, 

10 and ecosystems and the percentage of each type of 

11 habitat, species, and ecosystem are necessary to pro12 tect in order to— 

13 (A) protect biodiversity; and 

14 (B) mitigate and provide resilience to the 

15 impacts of climate change. 

16 (c) PUBLICATION.—The Secretary of Commerce shall 

17 publish the marine biodiversity gap analysis required by 

18 subsection (a) on a public website. 

19 (d) REPORT.—Biennially, the Secretary of Commerce 

20 and Secretary of the Interior shall publish a report on can21 didate areas for protection, and on progress for advancing 

22 protection of habitats, species, and biodiversity identified 

23 in the gap analysis required by subsection (a). 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $2,000,000 in each fiscal 

3 year to carry out this section. 

4 TITLE III—OFFSHORE ENERGY 

5 Subtitle A—Oil and Gas Leasing in 

6 the Outer Continental Shelf 

7 SEC. 301. PROHIBITION OF OIL AND GAS LEASING IN ALL 

8 AREAS OF THE OUTER CONTINENTAL SHELF. 

9 (a) IN GENERAL.—Notwithstanding any provision of 

10 law, beginning on the date of enactment of this section, 

11 with respect to any area on the Outer Continental Shelf, 

12 no agency of the United States or person may conduct 

13 or authorize any other person to conduct— 

14 (1) oil and gas preleasing, leasing and related 

15 activities; or 

16 (2) geological or geophysical activities in sup17 port of oil, gas, or methane hydrate exploration or 

18 development except such activities conducted pursu19 ant to a lease issued before the date of enactment 

20 of this section. 

21 (b) BEST AVAILABLE TECHNOLOGY.—In addition to 

22 any other measures required by law, the Secretary of the 

23 Interior shall require any lessee conducting geophysical ex24 ploration on the Outer Continental Shelf to use the best 


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1 commercially available technology with respect to reducing 

2 acoustic pressure levels to conduct such exploration. 

3 (c) OUTER CONTINENTAL SHELF.—In this section, 

4 the term ‘‘Outer Continental Shelf’’ has the meaning given 

5 the term ‘‘outer Continental Shelf’’ in Section 2 of the 

6 Outer Continental Shelf Lands Act (43 U.S.C. 1331). 

7 Subtitle B—Offshore Renewable 

8 Energy 

9 SEC. 311. SENSE OF CONGRESS ON THE IMPORTANCE OF 

10 OFFSHORE WIND ENERGY. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) Rapid decarbonization of the electric sector 

13 is central to stopping global temperature rise at 1.5 

14 degrees Celsius. 

15 (2) The United States can and must address 

16 this crisis by putting people to work building the 

17 necessary infrastructure to overcome the climate 

18 threat. 

19 (3) The United States offshore wind resources 

20 must be harnessed in order to both rapidly reduce 

21 our carbon emissions and put people back to work. 

22 (4) Deploying 30,000 megawatts of offshore 

23 wind by 2030 will result in up to 83,000 jobs, 

24 $57,000,000,000 of cumulative investment in the 


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1 United States economy, and $25,000,000,000 in an2 nual economic input. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) the United States should rapidly build out 

6 its offshore wind resources as a key part of achiev7 ing a national goal of net zero emissions; 

8 (2) offshore wind lease areas should be deter9 mined by a robust and transparent stakeholder proc10 ess that incorporates early engagement and input 

11 from diverse user groups as well as Federal, State, 

12 and local governments; 

13 (3) offshore wind buildout must ensure eco14 system health and the protection of vulnerable and 

15 endangered species; and 

16 (4) permitting agencies must have sufficient re17 sources to carry out a robust and efficient permit18 ting process. 

19 SEC. 312. NATIONAL OFFSHORE WIND GOALS. 

20 (a) TARGETS.—The Secretary of the Interior shall 

21 seek to permit— 

22 (1) not less than 12.5 gigawatts of offshore 

23 wind energy production on the Outer Continental 

24 Shelf by January 1, 2025; and 


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1 (2) not less than 25 gigawatts of offshore wind 

2 energy production on the Outer Continental Shelf by 

3 January 1, 2030. 

4 (b) REPORT.—The Secretary of the Interior shall re5 port to the Committee on Natural Resources of the House 

6 of Representatives and the Committee on Energy and 

7 Natural Resources of the Senate beginning in December 

8 2020 and each year thereafter on the Secretary’s progress 

9 in meeting the targets described in subsection (a). 

10 SEC. 313. REMOVING ROADBLOCKS FOR DATA SHARING. 

11 Section 402(b) of the Magnuson-Stevens Fishery 

12 Conservation and Management Act (16 U.S.C. 1881a(b)) 

13 is amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (G), by striking ‘‘or’’; 

16 (B) in subparagraph (H), by striking the 

17 period at the end and insert ‘‘; or’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(I) to the Secretary of the Interior for use 

20 relating to siting, exploration, production, or 

21 promotion of offshore wind energy on the Outer 

22 Continental Shelf.’’; and 

23 (2) in paragraph (2), by striking ‘‘(H)’’ and in24 serting ‘‘(I)’’. 


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1 SEC. 314. INCREASING FUNDING FOR SCIENTIFIC RE2 SEARCH. 

3 (a) IN GENERAL.—Of the amounts obtained from 

4 each lease sale beginning on the date that is 60 days after 

5 the date of enactment of this Act, $5,000,000 shall be 

6 available without subsequent appropriation to Adminis7 trator to fund cooperative research on the interaction be8 tween wind-development, fisheries, protected species, and 

9 marine species of mammals, birds, and sea turtles, and 

10 the technologies for data collection and other scientific and 

11 permitting needs deemed necessary by the Secretary of 

12 Commerce, in consultation with the Secretary of the Inte13 rior and the Secretary of Energy, to support responsible 

14 long-term development of offshore wind energy resources 

15 on the Outer Continental Shelf. 

16 (b) CONFORMING AMENDMENT.—Section 9 of the 

17 Outer Continental Shelf Lands Act (43 U.S.C. 1338) is 

18 amended by striking ‘‘all’’ and inserting ‘‘Except as pro19 vided in section 314 of the Ocean-Based Climate Solutions 

20 Act of 2020, all’’. 

21 SEC. 315. EXTENDING COLLABORATION WITH INDUSTRY. 

22 Section 113 of Division G of Public Law 113–7 is 

23 amended to read as follows: 

24 ‘‘CONTRIBUTION AUTHORITY

25 ‘‘SEC. 113. The Secretary of the Interior may accept 

26 from public and private sources contributions of money 


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1 and services for use by the Bureau of Ocean Energy Man2 agement or the Bureau of Safety and Environmental En3 forcement to conduct work in support of the orderly explo4 ration and development of Outer Continental Shelf re5 sources, including preparation of environmental docu6 ments such as impact statements and assessments, stud7 ies, and related research, during fiscal years— 

8 ‘‘(1) 2014 through 2024; or 

9 ‘‘(2) with respect to work supporting offshore wind 

10 exploration or development, 2014 through 2030.’’. 

11 SEC. 316. DEVELOPING STRATEGIES TO PROTECT WILD12 LIFE. 

13 Not later than 1 year after the date of enactment 

14 of this Act, the National Academies shall prepare a report 

15 that reviews, compiles, and synthesizes existing research 

16 and best practices for offshore wind development that min17 imize effects on wildlife and protected species. The report 

18 shall— 

19 (1) provide a quantitative assessment of the 

20 contributions of offshore wind in reducing carbon 

21 emissions in the electricity sector and helping to im22 prove human health and wildlife populations along 

23 the Atlantic and Pacific coasts of the United States; 

24 and 


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1 (2) provide a quantitative assessment of effec2 tiveness of methods to measure the effects of off3 shore wind on wildlife and best practices to monitor, 

4 avoid, minimize, and mitigate harm to wildlife. 

5 SEC. 317. OFFSHORE WIND FOR THE TERRITORIES. 

6 (a) APPLICATION OF OUTER CONTINENTAL SHELF

7 LANDS ACT WITH RESPECT TO TERRITORIES OF THE

8 UNITED STATES.— 

9 (1) IN GENERAL.—Section 2 of the Outer Con10 tinental Shelf Lands Act (43 U.S.C. 1331) is 

11 amended— 

12 (A) in paragraph (a)— 

13 (i) by inserting after ‘‘control’’ the fol14 lowing: ‘‘or lying within the exclusive eco15 nomic zone of the United States and the 

16 outer Continental Shelf adjacent to any 

17 territory or possession of the United 

18 States’’; and 

19 (ii) by adding at the end before the 

20 semicolon the following: ‘‘, except that such 

21 term shall not include any area conveyed 

22 by Congress to a territorial government for 

23 administration’’; 

24 (B) in paragraph (p), by striking ‘‘and’’ 

25 after the semicolon at the end; 


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1 (C) in paragraph (q), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(r) The term ‘State’ means the several States, the 

5 Commonwealth of Puerto Rico, Guam, American Samoa, 

6 the United States Virgin Islands, and the Commonwealth 

7 of the Northern Mariana Islands.’’. 

8 (2) EXCLUSIONS.—Section 18 of the Outer 

9 Continental Shelf Lands Act (43 U.S.C. 1344) is 

10 amended by adding at the end the following: 

11 ‘‘(i) This section shall not apply to the scheduling of 

12 lease sales in the outer Continental Shelf adjacent to the 

13 Territories and possessions of the United States.’’. 

14 (b) WIND LEASE SALES FOR AREAS OF OUTER CON15 TINENTAL SHELF.—The Outer Continental Shelf Lands 

16 Act (43 U.S.C. 1331 et seq.) is amended by adding at 

17 the end the following: 

18 ‘‘SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTI19 NENTAL SHELF. 

20 ‘‘(a) AUTHORIZATION.—The Secretary may conduct 

21 wind lease sales on the outer Continental Shelf. 

22 ‘‘(b) WIND LEASE SALE PROCEDURE.—Any wind 

23 lease sale conducted under this section shall be considered 

24 a lease under section 8(p). 


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1 ‘‘(c) WIND LEASE SALES OFF COASTS OF TERRI2 TORIES OF THE UNITED STATES.— 

3 ‘‘(1) STUDY ON FEASIBILITY OF CONDUCTING

4 WIND LEASE SALES.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 conduct a study on the feasibility, including the 

7 technological and long-term economic feasibility, 

8 and the potential environmental effects of, con9 ducting wind lease sales on an area of the outer 

10 Continental Shelf within the territorial jurisdic11 tion of American Samoa, Guam, the Common12 wealth of the Northern Mariana Islands, Puerto 

13 Rico, and the Virgin Islands of the United 

14 States. 

15 ‘‘(B) CONSULTATION.—In conducting the 

16 study required in paragraph (A), the Secretary 

17 shall consult— 

18 ‘‘(i) the National Laboratories, that 

19 term is defined in section 2(3) of the En20 ergy Policy Act of 2005 (42 U.S.C. 

21 15801(3)); 

22 ‘‘(ii) the National Oceanic and Atmos23 pheric Administration, including the Office 

24 of National Marine Sanctuaries and Na25 tional Marine Fisheries Service; and 


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1 ‘‘(iii) the Governor of each of Amer2 ican Samoa, Guam, the Northern Mariana 

3 Islands, Puerto Rico, and the Virgin Is4 lands of the United States. 

5 ‘‘(C) PUBLICATION.—The study required 

6 in paragraph (A) shall be published in the Fed7 eral Register for public comment for a period of 

8 not fewer than 60 days. 

9 ‘‘(D) SUBMISSION OF RESULTS.—Not later 

10 than 18 months after the date of the enactment 

11 of this section, the Secretary shall submit the 

12 results of the study conducted under subpara13 graph (A) to: 

14 ‘‘(i) the Committee on Energy and 

15 Natural Resources of the Senate; 

16 ‘‘(ii) the Committee on Natural Re17 sources of the House of Representatives; 

18 and 

19 ‘‘(iii) each of the delegates or resident 

20 commissioners to the House of Representa21 tives from American Samoa, Guam, the 

22 Northern Mariana Islands, Puerto Rico, 

23 and the Virgin Islands of the United 

24 States. 


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1 ‘‘(E) PUBLIC AVAILABILITY.—The Sec2 retary shall publish the study required under 

3 subparagraph (A) and results submitted under 

4 subparagraph (C) on a public website. 

5 ‘‘(2) CALL FOR INFORMATION AND NOMINA6 TIONS.—The Secretary shall issue a call for informa7 tion and nominations for proposed wind lease sales 

8 for areas determined to be feasible under the study 

9 conducted under paragraph (1). 

10 ‘‘(3) CONDITIONAL WIND LEASE SALES.— 

11 ‘‘(A) IN GENERAL.—For each territory, 

12 the Secretary shall conduct not less than 1 wind 

13 lease sale on an area of the outer Continental 

14 Shelf within the territorial jurisdiction of such 

15 territory that meets each of the following cri16 teria: 

17 ‘‘(i) The study required under para18 graph (1)(A) concluded that a wind lease 

19 sale on the area is feasible. 

20 ‘‘(ii) The Secretary has determined 

21 that the call for information has generated 

22 sufficient interest for the area. 

23 ‘‘(iii) The Secretary has consulted 

24 with the Secretary of Defense and other 


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1 relevant Federal agencies regarding such a 

2 sale. 

3 ‘‘(iv) The Secretary has consulted 

4 with the Governor of the territory regard5 ing the suitability of the area for wind en6 ergy development. 

7 ‘‘(B) EXCEPTION.—If no area of the outer 

8 Continental Shelf within the territorial jurisdic9 tion of a territory meets each of the criteria in 

10 clauses (i) through (iii) of subparagraph (A), 

11 the requirement under subparagraph (A) shall 

12 not apply to such territory.’’. 

13 SEC. 318. MARINE ENERGY RESEARCH. 

14 (a) IN GENERAL.—Subtitle C of title VI of the En15 ergy Independence and Security Act of 2007 (42 U.S.C. 

16 17001 et seq.) is amended to read as follows: 

17 ‘‘SEC. 631. SHORT TITLE. 

18 ‘‘This subtitle may be cited as the ‘Marine Energy 

19 Research and Development Act’. 

20 ‘‘SEC. 632. DEFINITIONS. 

21 ‘‘In this subtitle: 

22 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means any of the following entities: 

24 ‘‘(A) An institution of higher education. 

25 ‘‘(B) A National Laboratory. 


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1 ‘‘(C) A Federal research agency. 

2 ‘‘(D) A State research agency. 

3 ‘‘(E) A nonprofit research organization. 

4 ‘‘(F) An industrial entity or a multi-insti5 tutional consortium thereof. 

6 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

7 The term ‘institution of higher education’ has the 

8 meaning given such term in section 101 of the High9 er Education Act of 1965 (20 U.S.C. 1001). 

10 ‘‘(3) MARINE ENERGY.—The term ‘marine en11 ergy’ means energy from— 

12 ‘‘(A) waves, tides, and currents in oceans, 

13 estuaries, and tidal areas; 

14 ‘‘(B) free flowing water in rivers, lakes, 

15 streams, and man-made channels; 

16 ‘‘(C) differentials in salinity and pressure 

17 gradients; and 

18 ‘‘(D) differentials in water temperature, in19 cluding ocean thermal energy conversion. 

20 ‘‘(4) NATIONAL LABORATORY.—The term ‘Na21 tional Laboratory’ has the meaning given such term 

22 in section 2(3) of the Energy Policy Act of 2005 (42 

23 U.S.C. 15801(3)). 

24 ‘‘(5) MICROGRID.—The term ‘microgrid’ has 

25 the meaning given such term in section 641 of the 


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1 Energy Independence and Security Act of 2007 (42 

2 U.S.C. 17231). 

3 ‘‘SEC. 633. MARINE ENERGY RESEARCH, DEVELOPMENT, 

4 AND DEMONSTRATION. 

5 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

6 with the Department of Defense, Secretary of Commerce 

7 (acting through the Under Secretary of Commerce for 

8 Oceans and Atmosphere), the Secretary of the Interior, 

9 and other relevant Federal agencies, shall conduct a pro10 gram of research, development, demonstration, and com11 mercial application of marine energy technology, including 

12 activities to— 

13 ‘‘(1) assist technology development to improve 

14 the components, processes, and systems used for 

15 power generation from marine energy resources at a 

16 variety of scales; 

17 ‘‘(2) establish and expand critical testing infra18 structure and facilities necessary to— 

19 ‘‘(A) demonstrate and prove marine energy 

20 devices at a range of scales in a manner that 

21 is cost-effective and efficient; and 

22 ‘‘(B) accelerate the technological readiness 

23 and commercial application of such devices; 


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1 ‘‘(3) address marine energy resource variability 

2 issues, including through the application of energy 

3 storage technologies; 

4 ‘‘(4) advance efficient and reliable integration 

5 of marine energy with the electric grid, which may 

6 include smart building systems; 

7 ‘‘(5) identify and study critical short- and long8 term needs to maintaining a sustainable marine en9 ergy supply chain based in the United States; 

10 ‘‘(6) increase the reliability, security, and resil11 ience of marine energy technologies; 

12 ‘‘(7) validate the performance, reliability, main13 tainability, and cost of marine energy device designs 

14 and system components in an operating environ15 ment; 

16 ‘‘(8) consider the protection of critical infra17 structure, such as adequate separation between ma18 rine energy devices and projects and submarine tele19 communications cables, including through the devel20 opment of voluntary, consensus-based standards for 

21 such purposes; 

22 ‘‘(9) identify opportunities for crosscutting re23 search, development, and demonstration programs 

24 between existing energy research programs; 


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1 ‘‘(10) identify and improve, in conjunction with 

2 the Secretary of Commerce, acting through the 

3 Under Secretary of Commerce for Oceans and At4 mosphere, and other relevant Federal Agencies as 

5 appropriate, the environmental impact, including po6 tential cumulative environmental impacts, of marine 

7 energy technologies, including— 

8 ‘‘(A) potential impacts on fisheries and 

9 other marine resources; and 

10 ‘‘(B) developing technologies, including 

11 mechanisms for self-evaluation, and other 

12 means available for improving environmental 

13 impacts, including potential cumulative environ14 mental impacts; 

15 ‘‘(11) identify, in consultation with relevant 

16 Federal agencies, potential navigational impacts of 

17 marine energy technologies and strategies to prevent 

18 possible adverse impacts, in addition to opportunities 

19 for marine energy systems to aid the United States 

20 Coast Guard, such as remote sensing for coastal bor21 der security; 

22 ‘‘(12) develop numerical and physical tools, in23 cluding models and monitoring technologies, to as24 sist industry in device and system design, installaVerDate Sep 11 2014 19:26 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H8632.IH H8632

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1 tion, operation, and maintenance, including methods 

2 to validate such tools; 

3 ‘‘(13) support materials science as it relates to 

4 marine energy technology, such as the development 

5 of corrosive-resistant materials; 

6 ‘‘(14) improve marine energy resource fore7 casting and general understanding of aquatic system 

8 behavior, including turbulence and extreme condi9 tions; 

10 ‘‘(15) develop metrics and voluntary consensus11 based standards in coordination with the National 

12 Institute of Standards and Technology and appro13 priate standard development organizations for ma14 rine energy components, systems, and projects, in15 cluding— 

16 ‘‘(A) measuring performance of marine en17 ergy technologies; and 

18 ‘‘(B) characterizing environmental condi19 tions; 

20 ‘‘(16) enhance integration with hybrid energy 

21 systems, including desalination; 

22 ‘‘(17) identify opportunities to integrate marine 

23 energy technologies into new and existing infrastruc24 ture; and 


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1 ‘‘(18) develop technology necessary to support 

2 the use of marine energy— 

3 ‘‘(A) for the generation and storage of 

4 power at sea; and 

5 ‘‘(B) for the generation and storage of 

6 power to promote the resilience of coastal com7 munities, including in applications relating to— 

8 ‘‘(i) desalination; 

9 ‘‘(ii) disaster recovery and resilience; 

10 and 

11 ‘‘(iii) community microgrids in iso12 lated power systems. 

13 ‘‘(b) STUDY OF NON-POWER SECTOR APPLICATIONS

14 FOR ADVANCED MARINE ENERGY TECHNOLOGIES.— 

15 ‘‘(1) IN GENERAL.—The Secretary, in consulta16 tion with the Secretary of Transportation and the 

17 Secretary of Commerce, shall conduct a study to ex18 amine opportunities for research and development in 

19 advanced marine energy technologies for non-power 

20 sector applications, including applications with re21 spect to— 

22 ‘‘(A) the maritime transportation sector; 

23 ‘‘(B) associated maritime energy infra24 structure, including infrastructure that serves 


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1 ports, to improve system resilience and disaster 

2 recovery; and 

3 ‘‘(C) enabling scientific missions at sea 

4 and in extreme environments, including the 

5 Arctic. 

6 ‘‘(2) REPORT.—Not later than 1 year after the 

7 date of enactment of this section, the Secretary shall 

8 submit to the Committee on Energy and Natural 

9 Resources of the Senate and the Committee on 

10 Science, Space, and Technology of the House of 

11 Representatives a report that describes the results of 

12 the study conducted under paragraph (1). 

13 ‘‘SEC. 634. NATIONAL MARINE ENERGY CENTERS. 

14 ‘‘(a) CENTERS.—The Secretary shall award grants, 

15 with each grant up to $10,000,000 per year, to institu16 tions of higher education (or consortia thereof) for— 

17 ‘‘(1) the continuation and expansion of the re18 search, development, demonstration, testing, and 

19 commercial application activities at the National Ma20 rine Energy Centers (referred to in this section as 

21 ‘Centers’) established as of January 1, 2020; and 

22 ‘‘(2) the establishment of new National Marine 

23 Energy Centers. 


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1 ‘‘(b) LOCATION SELECTION.—In selecting institu2 tions of higher education for new Centers, the Secretary 

3 shall consider the following criteria: 

4 ‘‘(1) Whether the institution hosts an existing 

5 marine energy research and development program. 

6 ‘‘(2) Whether the institution has proven tech7 nical expertise to support marine energy research. 

8 ‘‘(3) Whether the institution has access to ma9 rine resources. 

10 ‘‘(c) PURPOSES.—The Centers shall coordinate 

11 among themselves, the Department, and the National 

12 Laboratories to— 

13 ‘‘(1) advance research, development, demonstra14 tion and commercial application of marine energy 

15 technologies in response to industry and commercial 

16 needs; 

17 ‘‘(2) support in-water testing and demonstra18 tion of marine energy technologies, including facili19 ties capable of testing— 

20 ‘‘(A) marine energy systems of various 

21 technology readiness levels and scales; 

22 ‘‘(B) a variety of technologies in multiple 

23 test berths at a single location; 

24 ‘‘(C) arrays of technology devices; and 


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1 ‘‘(D) interconnectivity to an electrical grid, 

2 including microgrids; and 

3 ‘‘(3) collect and disseminate information on 

4 best practices in all areas relating to developing and 

5 managing marine energy resources and energy sys6 tems. 

7 ‘‘(d) COORDINATION.—To the extent practicable, the 

8 Centers shall coordinate their activities with the Secretary 

9 of Commerce, acting through the Under Secretary of Com10 merce for Oceans and Atmosphere, and other relevant 

11 Federal agencies. 

12 ‘‘(e) TERMINATION.—To the extent otherwise author13 ized by law, the Secretary may terminate funding for a 

14 Center described in paragraph (a) if such Center is under15 performing. 

16 ‘‘SEC. 635. ORGANIZATION AND ADMINISTRATION OF PRO17 GRAMS. 

18 ‘‘(a) COORDINATION.—In carrying out this subtitle, 

19 the Secretary shall coordinate activities, and effectively 

20 manage cross-cutting research priorities across programs 

21 of the Department and other relevant Federal agencies, 

22 including the National Laboratories and the National Ma23 rine Energy Centers. 

24 ‘‘(b) COLLABORATION.— 


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1 ‘‘(1) IN GENERAL.—In carrying out this sub2 title, the Secretary shall collaborate with industry, 

3 National Laboratories, other relevant Federal agen4 cies, institutions of higher education, including Mi5 nority Serving Institutions, National Marine Energy 

6 Centers, Tribal entities, including Alaska Native 

7 Corporations, and international bodies with relevant 

8 scientific and technical expertise. 

9 ‘‘(2) PARTICIPATION.—To the extent prac10 ticable, the Secretary shall encourage research 

11 projects that promote collaboration between entities 

12 specified in paragraph (1) and include entities not 

13 historically associated with National Marine Energy 

14 Centers, such as Minority Serving Institutions. 

15 ‘‘(3) INTERNATIONAL COLLABORATION.—The 

16 Secretary of Energy, in coordination with other ap17 propriate Federal and multilateral agencies (includ18 ing the United States Agency for International De19 velopment) shall support collaborative efforts with 

20 international partners to promote the research, de21 velopment, and demonstration of technologies used 

22 to develop marine energy resources. 

23 ‘‘(c) DISSEMINATION OF RESULTS AND PUBLIC

24 AVAILABILITY.—The Secretary shall— 


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1 ‘‘(1) publish the results of projects supported 

2 under this subtitle through Department websites, re3 ports, databases, training materials, and industry 

4 conferences, including information discovered after 

5 the completion of such projects, withholding any in6 dustrial proprietary information; and 

7 ‘‘(2) share results of such projects with the 

8 public except to the extent that the information is 

9 protected from disclosure under section 552(b) of 

10 title 5, United States Code. 

11 ‘‘(d) AWARD FREQUENCY.—The Secretary shall so12 licit applications for awards under this subtitle no less fre13 quently than once per fiscal year. 

14 ‘‘(e) EDUCATION AND OUTREACH.—In carrying out 

15 the activities described in this subtitle, the Secretary shall 

16 support education and outreach activities to disseminate 

17 information and promote public understanding of marine 

18 energy technologies and the marine energy workforce, in19 cluding activities at the National Marine Energy Centers. 

20 ‘‘(f) TECHNICAL ASSISTANCE AND WORKFORCE DE21 VELOPMENT.—In carrying out this subtitle, the Secretary 

22 may also conduct, for purposes of supporting technical, 

23 non-hardware, and information-based advances in marine 

24 energy development and operations— 


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1 ‘‘(1) technical assistance and analysis activities 

2 with eligible entities, including activities that sup3 port expanding access to advanced marine energy 

4 technologies for rural, Tribal, and low-income com5 munities; and 

6 ‘‘(2) workforce development and training activi7 ties, including to support the dissemination of stand8 ards and best practices for enabling marine energy 

9 production. 

10 ‘‘(g) STRATEGIC PLAN.—In carrying out the activi11 ties described in this subtitle, the Secretary shall— 

12 ‘‘(1) not later than one year after the date of 

13 the enactment of the Marine Energy Research and 

14 Development Act, draft a plan, considering input 

15 from relevant stakeholders such as industry and aca16 demia, to implement the programs described in this 

17 subtitle and update the plan on an annual basis; and 

18 ‘‘(2) the plan shall address near-term (up to 2 

19 years), mid-term (up to 7 years), and long-term (up 

20 to 15 years) challenges to the advancement of ma21 rine energy systems. 

22 ‘‘(h) REPORT TO CONGRESS.—Not later than 1 year 

23 after the date of the enactment of this Act, and at least 

24 once every 2 years thereafter, the Secretary shall provide, 

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1 izing and appropriations committees of Congress, a report 

2 on the findings of research conducted and activities car3 ried out pursuant to this subtitle, including the most cur4 rent strategic plan under subsection (g) and the progress 

5 made in implementing such plan. 

6 ‘‘SEC. 636. APPLICABILITY OF OTHER LAWS. 

7 ‘‘Nothing in this subtitle shall be construed as 

8 waiving, modifying, or superseding the applicability of any 

9 requirement under any environmental or other Federal or 

10 State law. 

11 ‘‘SEC. 637. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘There are authorized to be appropriated to the Sec13 retary to carry out this subtitle— 

14 ‘‘(1) $112,580,000 for marine energy research, 

15 development, and demonstration activities for fiscal 

16 year 2021; 

17 ‘‘(2) $116,303,200 for marine energy research, 

18 development, and demonstration activities for fiscal 

19 year 2022; 

20 ‘‘(3) $120,175,562 for marine energy research, 

21 development, and demonstration activities for fiscal 

22 year 2023; 

23 ‘‘(4) $124,203,295 for marine energy research, 

24 development, and demonstration activities for fiscal 

25 year 2024; and 


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1 ‘‘(5) $128,392,869 for marine energy research, 

2 development, and demonstration activities for fiscal 

3 year 2025.’’. 

4 (b) CONFORMING TABLE OF CONTENTS AMEND5 MENT.—The table of contents for the Energy Independ6 ence and Security Act of 2007 is amended by striking the 

7 items relating to subtitle C of title VI and inserting the 

8 following: 

‘‘Subtitle C—Marine Energy Research and Development 

‘‘Sec. 631. Short title. 

‘‘Sec. 632. Definitions. 

‘‘Sec. 633. Marine energy research, development, and demonstration. 

‘‘Sec. 634. National Marine Energy Centers. 

‘‘Sec. 635. Organization and administration of programs. 

‘‘Sec. 636. Applicability of other laws. 

‘‘Sec. 637. Authorization of appropriations.’’. 

9 (c) CONFORMING AMENDMENTS.— 

10 (1) ENERGY POLICY ACT OF 2005.—The Energy 

11 Policy Act of 2005 (42 U.S.C. 15801 et seq.) is 

12 amended— 

13 (A) in section 201(a), by striking ‘‘ocean 

14 (including tidal, wave, current, and thermal)’’ 

15 and inserting ‘‘marine’’; 

16 (B) in section 203(b)(2), by— 

17 (i) inserting ‘‘marine energy (as de18 fined in section 632 of the Energy Inde19 pendence and Security Act of 2007) or’’ 

20 before ‘‘electric energy’’; and 


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1 (ii) by striking ‘‘ocean (including 

2 tidal, wave, current, and thermal)’’; 

3 (C) in section 931(a)(2)(E)(i), by striking 

4 ‘‘ocean energy, including wave energy’’ and in5 serting ‘‘marine energy (as defined in section 

6 632 of the Energy Independence and Security 

7 Act of 2007)’’; and 

8 (D) in section 1833(a), by striking ‘‘ocean 

9 energy resources (including tidal, wave, and 

10 thermal energy)’’ and inserting ‘‘marine energy 

11 resources (within the meaning of section 632 of 

12 the Energy Independence and Security Act of 

13 2007)’’. 

14 (2) ENERGY POLICY ACT OF 1992.—Section 

15 1212 of the Energy Policy Act of 1992 (42 U.S.C. 

16 13317) is amended— 

17 (A) in subsection (a)(4)(A)(i), by striking 

18 ‘‘ocean (including tidal, wave, current, and ther19 mal)’’ and inserting ‘‘marine energy (as defined 

20 in section 632 of the Energy Independence and 

21 Security Act of 2007)’’; 

22 (B) in subsection (b), in the matter pre23 ceding paragraph (1), by striking ‘‘ocean (in24 cluding tidal, wave, current, and thermal)’’ and 

25 inserting ‘‘marine energy (as defined in section 


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1 632 of the Energy Independence and Security 

2 Act of 2007)’’; and 

3 (C) in subsection (e)(1), in the first sen4 tence, by striking ‘‘ocean (including tidal, wave, 

5 current, and thermal)’’ and inserting ‘‘marine 

6 energy (as defined in section 632 of the Energy 

7 Independence and Security Act of 2007)’’. 

8 (3) RENEWABLE ENERGY AND ENERGY EFFI9 CIENCY TECHNOLOGY COMPETITIVENESS ACT OF

10 1989.—The Renewable Energy and Energy Effi11 ciency Technology Competitiveness Act of 1989 (42 

12 U.S.C. 12001 et seq.) is amended— 

13 (A) in section 4 (42 U.S.C. 12003)— 

14 (i) in subsection (a)(5), by striking 

15 ‘‘Ocean’’ and inserting ‘‘Marine’’; and 

16 (ii) in subsection (c), in the matter 

17 preceding paragraph (1), by striking 

18 ‘‘Ocean’’ and inserting ‘‘Marine’’; and 

19 (B) in section 9(c) (42 U.S.C. 12006(c)), 

20 by striking ‘‘ocean,’’ and inserting ‘‘marine,’’. 

21 SEC. 319. INCREASING FUNDING FOR COASTAL CONSERVA22 TION AND RESILIENCE. 

23 Section 8(p)(2) of the Outer Continental Shelf Lands 

24 Act (43 U.S.C. 1337(p)(2)) is amended by adding at the 

25 end the following: 


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1 ‘‘(C) With respect to any lease under this 

2 subsection for the production of wind energy, 

3 30 percent of the revenue from such lease shall 

4 be deposited in the National Oceans and Coast5 al Security Fund established by section 904 of 

6 the National Oceans and Coastal Security Act 

7 (16 U.S.C. 7503).’’. 

8 TITLE IV—CLIMATE-READY FISH9 ERIES, EFFICIENT FISHERY 

10 VESSELS, AND BUY AMER11 ICAN SEAFOOD 

12 SEC. 401. SENSE OF CONGRESS. 

13 It is the sense of Congress that— 

14 (1) American wild-caught seafood is integral to 

15 the nation’s food supply and to American food secu16 rity; 

17 (2) the seafood supply chain is often long and 

18 complex; 

19 (3) American caught and American-processed 

20 seafood can be a sustainable healthy source of pro21 tein and micronutrients; 

22 (4) fresh, frozen, dried, and canned domestic 

23 seafood can be produced, processed, and transported 

24 in a manner that has a low carbon footprint; 


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1 (5) marine species that are small, at lower 

2 trophic levels, and pelagic typically have the smallest 

3 carbon footprint; and 

4 (6) therefore, any executive agency that pur5 chases seafood products should, to the extent prac6 ticable, buy local American-caught or American-har7 vested and American-processed seafood products 

8 from fisheries that are not overfished or experi9 encing overfishing in order to reduce the greenhouse 

10 gas emissions associated with the supply chain of 

11 seafood products. 

12 SEC. 402. CAUGHT IN THE USA. 

13 Section 2(c)(1) of the Act of August 11, 1939 (15 

14 U.S.C. 713c–3(c)(1)) is amended to read as follows: 

15 ‘‘(1) The Secretary shall make grants from the 

16 fund established under subsection (b) to— 

17 ‘‘(A) assist persons in carrying out re18 search and development projects addressed to 

19 any aspect of United States fisheries, including 

20 harvesting, processing, marketing, and associ21 ated infrastructures; or 

22 ‘‘(B) assist persons to market and promote 

23 the consumption of— 

24 ‘‘(i) local or domestic fishery products; 


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1 ‘‘(ii) environmentally- and climate2 friendly fishery products that minimize by3 catch and impacts on marine mammals; 

4 ‘‘(iii) invasive species; or 

5 ‘‘(iv) well-managed but less known 

6 species.’’. 

7 SEC. 403. ELIMINATE FISH SUBSIDIES IN TRADE AGREE8 MENTS. 

9 (a) IN GENERAL.—Section 102(b) of the Bipartisan 

10 Congressional Trade Priorities and Accountability Act of 

11 2015 (19 U.S.C. 4201(b)) is amended by adding at the 

12 end the following: 

13 ‘‘(23) FISH SUBSIDIES.—The principal negoti14 ating objectives of the United States with respect to 

15 fish subsidies are the following: 

16 ‘‘(A) To eliminate subsidies that contribute 

17 to overcapacity, overfishing, or illegal, unre18 ported, and unregulated fishing, such as sub19 sidies that— 

20 ‘‘(i) increase the marine fishing capac21 ity of fishing vessels or support the acqui22 sition of equipment that increases the abil23 ity of fishing vessels to find fish; 

24 ‘‘(ii) support the construction of fish25 ing vessels, importation of fishing vessels, 


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1 or government repurchase of fishing ves2 sels outside of a binding and effective fish3 ing capacity reduction program that in4 cludes the corresponding elimination of 

5 fishing rights and a binding and effective 

6 prohibition on the reuse of vessels for fish7 ing to increase capacity in any fishery; 

8 ‘‘(iii) affect fish stocks in any fish9 ery— 

10 ‘‘(I) in an overfished or worse 

11 condition; 

12 ‘‘(II) whose stock levels are de13 clining; or 

14 ‘‘(III) whose stock level status re15 mains unknown; 

16 ‘‘(iv) are provided to fishing enter17 prises engaged in long-distance fishing, ei18 ther on the high seas or in the exclusive 

19 economic zone of a third country; 

20 ‘‘(v) support the transfer or reflagging 

21 of fishing vessels to third countries, includ22 ing through the creation of joint ventures 

23 with partners of those countries; 

24 ‘‘(vi) are provided to the fishing enter25 prises or to owners or operators of vessels 


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1 that have been determined to have engaged 

2 in illegal, unreported, and unregulated 

3 fishing by a coastal state or a regional 

4 fisheries management organization; or 

5 ‘‘(vii) reduce fuel, insurance, or other 

6 operating costs solely for fishing enter7 prises. 

8 ‘‘(B) To require parties to trade agree9 ments— 

10 ‘‘(i) to report to an environmental af11 fairs committee established under the 

12 agreement, on an annual basis, all marine 

13 fishing-related subsidies provided by the 

14 parties, including fleet capacity and trade 

15 data concerning the fisheries that the sub16 sidies affect; 

17 ‘‘(ii) to establish an independent body 

18 to make annual assessments of the health 

19 of fish stocks in each domestic fishery and 

20 report such assessments to such environ21 mental affairs committee; 

22 ‘‘(iii) with respect to shared or inter23 national fisheries in which each party is in24 volved in fishing activities, to commit to 

25 cooperating with third countries, regional 


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1 fisheries management organizations, and 

2 assessment bodies in annual assessments 

3 of the health of fish stocks in such fish4 eries; and 

5 ‘‘(iv) to certify to such environmental 

6 affairs committee that they have made and 

7 continue to make adequate progress to8 ward the goal of protecting and conserving, 

9 through well-connected and effective sys10 tem of protected areas and other effective 

11 area-based conservation measures, at least 

12 30 percent of the planet by 2030, with the 

13 focus on areas particularly important for 

14 biodiversity. 

15 ‘‘(C) To require parties to trade agree16 ments that are also members of the World 

17 Trade Organization to work collaboratively at 

18 the Organization to establish and maintain ro19 bust disciplines on fisheries subsidies.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 subsection (a)— 

22 (1) take effect on the date of the enactment of 

23 this Act; and 

24 (2) apply with respect to negotiations for trade 

25 agreements subject to the provisions of section 103 


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1 of the Bipartisan Congressional Trade Priorities and 

2 Accountability Act of 2015 (19 U.S.C. 4202) en3 tered into on or after such date of enactment. 

4 SEC. 404. FUEL EFFICIENT FISHING VESSELS. 

5 Section 53708(b)(2) of title 46, United States Code, 

6 is amended— 

7 (1) in subparagraph (A) by striking ‘‘or’’ at the 

8 end; 

9 (2) in subparagraph (B) by striking ‘‘increased 

10 fuel efficiency or improved safety.’’ and inserting 

11 ‘‘improved safety; or’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(C) increasing fuel efficiency and reduc14 ing fuel usage, which may include— 

15 ‘‘(i) installation of solar panels; 

16 ‘‘(ii) engine replacement or retrofit, 

17 including the installation of new fuel-effi18 cient, low-emission engines, including hy19 brid electric marine engines or generators; 

20 ‘‘(iii) gearbox or propeller replace21 ment; 

22 ‘‘(iv) modifications to hull shape; and 

23 ‘‘(v) modifications to fishing gear.’’. 


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1 SEC. 405. CLIMATE AND FISHERIES RESEARCH AND MAN2 AGEMENT PROGRAM. 

3 Title IV of the Magnuson-Stevens Fishery Conserva4 tion and Management Act (16 U.S.C. 1881 et seq.) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 409. CLIMATE AND FISHERIES RESEARCH AND MAN7 AGEMENT PROGRAM. 

8 ‘‘(a) ESTABLISHMENT OF THE PROGRAM.—The Sec9 retary, in consultation with appropriate Regional Fishery 

10 Management Councils and in coordination with other Fed11 eral agencies and educational institutions, shall establish 

12 a program to identify, develop, and implement adaptive 

13 strategies, consistent with the requirements of this Act, 

14 to improve the management of fisheries under current and 

15 anticipated impacts of climate change. In administering 

16 such program, the Secretary shall— 

17 ‘‘(1) expand and improve fisheries science, mon18 itoring, and data collection in order to support and 

19 promote integrated, climate-informed fishery man20 agement and ensure that the requirements of this 

21 Act are met under changing climatic conditions; 

22 ‘‘(2) prepare and adapt fishery management for 

23 climate change by promoting a precautionary ap24 proach to management and supporting the develop25 ment and use of relevant science and management 

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1 nario planning, coupled climate and ecosystem mod2 eling, and management strategy evaluation; 

3 ‘‘(3) improve agency understanding of stock 

4 shifts to inform catch advice, resolve jurisdictional 

5 issues, and support achievement of conservation 

6 mandates in the face of shifting stocks; 

7 ‘‘(4) promote the use of climate-informed stock 

8 assessments; 

9 ‘‘(5) provide guidance on the use of climate-re10 sponsive control rules in fishery management; 

11 ‘‘(6) promote management approaches that in12 crease resilience to current and anticipated climate 

13 impacts in managed species and marine ecosystems, 

14 including by coordinating with and advancing pro15 grams to protect genetic diversity and age structure, 

16 protect marine habitat, minimize and better account 

17 for bycatch, and incorporating into management the 

18 ecological role of forage fish in the marine food web; 

19 ‘‘(7) increase understanding of the socio20 economic impacts of climate change on fishing par21 ticipants and related industries; 

22 ‘‘(8) coordinate within the National Oceanic 

23 and Atmospheric Administration on issues related to 

24 climate change and fisheries, including on data 

25 needs and availability; 


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1 ‘‘(9) ensure that the research, resource manage2 ment, and expenditures to prepare fisheries for cli3 mate change promote racial and socioeconomic eq4 uity with respect to environmental and economic 

5 outcomes across fisheries and regions; 

6 ‘‘(10) promote the incorporation of climate 

7 change into fisheries management at regional fishery 

8 management organizations and other international 

9 bodies; and 

10 ‘‘(11) advance other climate change fishery 

11 science and management as appropriate. 

12 ‘‘(b) EVALUATION.—The Secretary, in consultation 

13 with the Councils, shall, not later than 3 years after the 

14 date of enactment of the Ocean-Based Climate Solutions 

15 Act of 2020 and every 3 years thereafter, conduct an inde16 pendent review that will be provided to Congress and the 

17 public on the results of the program, including— 

18 ‘‘(1) steps taken to modify or enhance research 

19 and data collection programs to better understand 

20 the effects of climate change on fishery resources; 

21 ‘‘(2) steps taken to evaluate various manage22 ment strategies in the context of future climate sce23 narios; 


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1 ‘‘(3) how tools and solutions identified by the 

2 program have been or will be implemented in fishery 

3 science and management; and 

4 ‘‘(4) the degree to which equity in outcomes of 

5 fulfilling programmatic duties was achieved as re6 quired by subsection (a)(9).’’. 

7 SEC. 406. CLIMATE-READY FISHERIES INNOVATION PRO8 GRAM. 

9 (a) CLIMATE-READY FISHERIES INNOVATION PRO10 GRAM.—Not later than 1 year after the date of enactment 

11 of this Act, the Administrator shall establish a program, 

12 including grants, to develop innovative tools and ap13 proaches designed to increase the adaptive capacity of 

14 fishery management to the impacts of climate change. In 

15 administering such program, the Administrator shall— 

16 (1) develop science and management ap17 proaches that address regional and national prior18 ities to improve the conservation and management of 

19 fishery resources under current and anticipated cli20 mate impacts; 

21 (2) provide for routine consultation with fishery 

22 managers and scientists in order to maximize oppor23 tunities to incorporate results of the program in 

24 fishery management actions; 


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1 (3) promote adoption of methods developed 

2 under the program in fishery management plans de3 veloped by the Regional Fishery Management Coun4 cils; 

5 (4) provide information and outreach to the pri6 vate sector and academic sector to encourage devel7 opment of tools and approaches to manage the ef8 fects of climate change on fisheries; and 

9 (5) provide information and outreach to fishery 

10 participants to increase understanding of and en11 courage adoption and use of tools and approaches 

12 developed under the program. 

13 (b) COORDINATION OF THE PROGRAM.— 

14 (1) The Administrator shall establish a process 

15 to ensure coordination with and outreach to— 

16 (A) regional offices and science centers of 

17 the National Marine Fisheries Service; 

18 (B) the Regional Fishery Management 

19 Councils; 

20 (C) the scientific and statistical committees 

21 of such Fishery Management Councils; and 

22 (D) other relevant programs, including the 

23 cooperative research and management program 

24 under Section 318 of the Magnuson-Stevens 

25 Fishery Conservation and Management Act (16 


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1 U.S.C. 1867), the Integrated Ocean Observing 

2 System, and programs within the National Oce3 anic and Atmospheric Administration designed 

4 to address ocean acidification. 

5 (2) Such coordination should include identifica6 tion of multi-year research priorities to study and 

7 understand the current and anticipated impacts of 

8 climate change on fisheries, fisheries interactions, 

9 habitats, fishery participants, fisheries science and 

10 monitoring, or other relevant priority. Such prior11 ities should be routinely reviewed in a timeframe not 

12 to exceed 5 years and updated as necessary. 

13 (c) REPORT.—Every 2 years, beginning 2 years after 

14 the date of the enactment of this Act, the Administrator 

15 shall transmit a report to the Senate Committee on Com16 merce, Science, and Transportation and the House of Rep17 resentatives Committee on Natural Resources that— 

18 (1) describes funding provided to implement 

19 this section; 

20 (2) includes descriptions of and developments in 

21 tools and approaches achieved under this section; 

22 (3) describes how and in which fisheries these 

23 tools and approaches have been implemented; and 


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1 (4) describes improvements in fishery climate2 readiness associated with implementing this section, 

3 as well as proposals to address remaining problems. 

4 SEC. 407. SHIFTING STOCKS TASK FORCE. 

5 (a) ESTABLISHMENT.—The Administrator shall es6 tablish, not later than 120 days after the date of enact7 ment of this Act, a task force to be known as the ‘‘Shifting 

8 Stocks Task Force’’ consisting of 10 members, including 

9 1 member recommended by each of 8 Regional Fishery 

10 Management Councils and the Highly Migratory Species 

11 Advisory Panel and the Administrator or their designee. 

12 (b) MEMBERSHIP.— 

13 (1) TERMS.—Except as provided by paragraph 

14 (2), terms of appointed members of the Task Force 

15 shall be staggered, shall be 2 years in duration, and 

16 no member shall serve more than 3 terms. 

17 (2) VACANCY.—Any member appointed to fill a 

18 vacancy occurring before the expiration of the term 

19 for which the member’s predecessor was appointed 

20 shall be appointed only for the remainder of that 

21 term. 

22 (3) CRITERIA FOR APPOINTMENT.—Members 

23 appointed to the Task Force shall be Federal em24 ployees, State employees, Tribal and Indigenous rep25 resentatives, academics, or independent experts, 


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1 shall have strong scientific or technical credentials 

2 and experience, and shall not include members of the 

3 Regional Fishery Management Councils. 

4 (4) TRAVEL EXPENSES.—Each member shall 

5 receive travel expenses, including per diem in lieu of 

6 subsistence, in accordance with applicable provisions 

7 under subchapter I of chapter 57 of title 5, United 

8 States Code. 

9 (5) CHAIRPERSON.—The chairperson of the 

10 Task Force shall be elected by the members. 

11 (c) MEETINGS.—The Task Force shall meet not less 

12 than 4 times annually. 

13 (d) STAFF SUPPORT.—Upon request of the Task 

14 Force, the Administrator may detail on a reimbursable 

15 basis personnel to the Task Force to assist such Task 

16 Force. 

17 (e) DEVELOPMENT OF CRITERIA.—Not later than 1 

18 year after the date of enactment of this Act, the Task 

19 Force shall develop, in consultation with the Adminis20 trator and the Regional Fishery Management Councils, 

21 science-based decision-making criteria to make jurisdic22 tion, allocation, and fishery management decisions that 

23 minimize the risk of overfishing and maximize stock and 

24 ecosystem resilience to the effects of climate change, are 

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1 sions of the Magnuson-Stevens Fishery Conservation and 

2 Management Act (16 U.S.C. 1801 et seq.), regulations im3 plementing recommendations by international organiza4 tions in which the United States participates (including 

5 but not limited to closed areas, quotas, and size limits), 

6 and any other applicable law. 

7 (f) RECOMMENDATIONS.—The Task Force shall 

8 make recommendations to the Administrator and to the 

9 Regional Fishery Management Councils recommendations 

10 for the allocation and distribution of fishing privileges 

11 based on the criteria developed under subsection (e). 

12 (g) PETITIONS.—Any member of the public may sub13 mit a petition to request the review of potentially shifting 

14 stock. In order to be eligible for consideration, a petition 

15 must include sufficiently descriptive information regarding 

16 the stock or stocks in question, the jurisdiction or alloca17 tion concerns, and any other relevant information. 

18 (h) PETITION REVIEW AND RECOMMENDATION.— 

19 (1) DETERMINATION OF SUFFICIENT INFORMA20 TION.—Upon receipt of a petition under subsection 

21 (f), the Task Force shall, not later than 60 days 

22 after the date of such receipt, determine by majority 

23 vote whether the petition contains sufficient infor24 mation to show that a substantial shift in the dis25 tribution of a stock has occurred. 


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1 (2) REVIEW PROCESS.—If the Task Force 

2 makes a determination under paragraph (1) that a 

3 petition contains sufficient information, the Task 

4 Force shall review such petition. Such review shall 

5 include— 

6 (A) a public hearing in the affected region; 

7 and 

8 (B) a public notice and comment period of 

9 not less than 90 days. 

10 (3) WRITTEN RECOMMENDATION.—Upon com11 pletion of a review under paragraph (2), the Task 

12 Force shall— 

13 (A) determine which Regional Fishery 

14 Management Council’s or Councils’ geographic 

15 area of authority the fishery is located in; and 

16 (B) submit to the Administrator, each af17 fected Regional Fishery Management Council, 

18 and the petitioner written recommendations for 

19 allocation and distribution of fishing privileges 

20 within the fishery. 

21 (4) RESPONSE.—Upon receipt of a rec22 ommendation from the Task Force under paragraph 

23 (3), the Administrator shall— 

24 (A) begin consultation with the affected 

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1 ing necessary changes to fishery management 

2 plans; and 

3 (B) not later than 180 days after the date 

4 of receipt of the Task Force’s recommendation, 

5 ensure that a compliant fishery management 

6 plan that fully accounts for the best available 

7 science on shifting stocks and the recommenda8 tions of the Task Force is created, published, 

9 and implemented. 

10 (5) PUBLICATION.—The Task Force shall pub11 lish on the internet each petition received under this 

12 section, the determination as made under paragraph 

13 (1) and any written recommendations produced 

14 under paragraph (3). 

15 (i) TASK FORCE.—In this section, the term ‘‘Task 

16 Force’’ means the Shifting Stocks Task Force established 

17 pursuant to subsection (a). 

18 SEC. 408. ESSENTIAL FISH HABITAT CONSULTATION. 

19 Section 305(b) of the Magnuson-Stevens Fishery 

20 Conservation and Management Act (16 U.S.C. 1855(b)) 

21 is amended— 

22 (1) in paragraph (1)(A)— 

23 (A) by inserting ‘‘every five years’’ after 

24 ‘‘updating’’; and 


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1 (B) by inserting ‘‘, changes to habitat, in 

2 part due to climate change,’’ after ‘‘evidence’’; 

3 (2) in paragraph (1)(D), by inserting ‘‘and such 

4 agencies shall take action’’ after ‘‘agencies’’; 

5 (3) by striking paragraphs (2) through (4) and 

6 inserting after paragraph (1) the following: 

7 ‘‘(2) CONSULTATIONS REGARDING FEDERAL

8 AGENCY ACTION WITH ADVERSE EFFECTS ON ES9 SENTIAL FISH HABITAT.— 

10 ‘‘(A) REQUIREMENT TO AVOID OR MITI11 GATE ADVERSE EFFECTS.— 

12 ‘‘(i) ESSENTIAL FISH HABITAT.—With 

13 respect to any Federal agency action that 

14 may have an adverse affect on essential 

15 fish habitat, each Federal agency shall, in 

16 consultation with the Secretary, ensure 

17 that any action authorized, funded, or un18 dertaken by such agency avoids the ad19 verse effect of such action on essential fish 

20 habitat or, to the extent that the adverse 

21 effect cannot be avoided, the agency shall 

22 minimize and mitigate the adverse effect. 

23 ‘‘(ii) HABITAT AREA OF PARTICULAR

24 CONCERN.—No Federal agency may au25 thorize, fund, or undertake an action if 


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1 such agency determines, in consultation 

2 with the Secretary, that such action would 

3 have an adverse effect on a habitat area of 

4 particular concern. 

5 ‘‘(B) REGULATIONS.—The Secretary shall 

6 establish regulations for the consultation proc7 ess required by subparagraph (A), including to 

8 ensure that recommendations made by the Sec9 retary pursuant to such subparagraph would re10 sult in the avoidance, if possible, of adverse ef11 fects on essential fish habitat and, if avoidance 

12 is not possible, the minimization and mitigation 

13 of any such adverse effects. 

14 ‘‘(3) INFORMATION TO COUNCIL.—The Sec15 retary shall inform each affected Council of any con16 sultation carried out under paragraph (2), including 

17 information on the proposed action and any poten18 tial adverse effects, and each affected Council— 

19 ‘‘(A) may comment on and make rec20 ommendations to the Secretary and any Federal 

21 or State agency concerning the underlying ac22 tion if, in the view of the Council, such action 

23 may affect the habitat of a fishery resource 

24 under the authority of such Council; and 


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1 ‘‘(B) shall comment on and make rec2 ommendations to the Secretary and any Federal 

3 or State agency concerning the underlying ac4 tion if, in the view of the Council, such action 

5 is likely to adversely affect the habitat of an 

6 anadromous fishery resource under the author7 ity of such Council. 

8 ‘‘(4) INFORMATION FROM OTHER SOURCES.— 

9 ‘‘(A) RECEIPT OF INFORMATION.—If the 

10 Secretary receives information from any source 

11 and determines that an action taken, funded, or 

12 authorized or proposed to be taken, funded, or 

13 authorized by a State or Federal agency may 

14 have an adverse effect on an essential fish habi15 tat identified under this Act, the Secretary shall 

16 recommend to such agency measures that avoid 

17 such adverse effects and minimize or mitigate 

18 such adverse effects that cannot be avoided. 

19 ‘‘(B) REQUIRED RESPONSE.—Not later 

20 than 30 days after receiving a recommendation 

21 under subparagraph (A), a Federal, State, or 

22 local agency shall provide a detailed response in 

23 writing to any Council comment under para24 graph (3) and the Secretary regarding the mat25 ter. The response shall include a description of 


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1 measures proposed by the agency for avoiding 

2 the adverse effects, or to the extent the adverse 

3 effects cannot be avoided, mitigating the ad4 verse effects of the action on such essential fish 

5 habitat. In the case of a response that is incon6 sistent with the recommendations of the Sec7 retary, the Federal agency shall explain how the 

8 alternative measures proposed will avoid the ad9 verse effects of such action on essential fish 

10 habitat or, to the extent that adverse effects 

11 cannot be avoided, mitigate the adverse effects. 

12 ‘‘(C) PUBLICATION.—The Secretary shall 

13 make available to the public— 

14 ‘‘(i) any recommendation made under 

15 subparagraph (A) on the date on which 

16 such recommendation is made; and 

17 ‘‘(ii) any response made by an agency 

18 under subparagraph (B) on the date on 

19 which such response is received. 

20 ‘‘(5) ESSENTIAL FISH HABITAT.—In this sub21 section, the term ‘habitat areas of particular con22 cern’ means specific types of areas that are part of 

23 or within essential fish habitat that— 

24 ‘‘(A) provide an important ecological func25 tion, including for maintaining and restoring 


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1 the biomass, demographic, spatial, or genetic 

2 characteristics of fish populations; 

3 ‘‘(B) are sensitive to human-induced envi4 ronmental degradation; 

5 ‘‘(C) are or will be significantly stressed by 

6 human activities; 

7 ‘‘(D) due to prevailing or anticipated fu8 ture environmental conditions, are or may be9 come important to the health of managed spe10 cies; or 

11 ‘‘(E) are rare.’’. 

12 SEC. 409. OCEAN AQUACULTURE RESEARCH AND POLICY 

13 PROGRAM. 

14 (a) ESTABLISHMENT.—The Administrator shall es15 tablish an Ocean Aquaculture Research and Policy Pro16 gram to address opportunities, challenges, and innovation 

17 in restorative ocean aquaculture development, siting, and 

18 operations in the coastal waters and exclusive economic 

19 zone through— 

20 (1) investment in research and technical assist21 ance to ensure adverse impacts to the marine envi22 ronment can be fully understood, anticipated, ac23 counted for, and avoided and impacts to wild-cap24 ture fisheries and marine wildlife are minimized durVerDate Sep 11 2014 19:26 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H8632.IH H8632

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1 ing the species selection, design, development, siting, 

2 and operation of aquaculture facilities; and 

3 (2) the development and application of best 

4 management practices to ensure the species selec5 tion, design, development, siting, and operation of 

6 restorative ocean aquaculture maximizes potential 

7 benefits while minimizing potential adverse impacts 

8 to the marine environment and wild-capture fish9 eries. 

10 (b) USE OF EXISTING PROGRAMS.—The Adminis11 trator shall use existing grant and research programs to 

12 support the design, development, siting, and operation of 

13 restorative ocean aquaculture using best management 

14 practices to maximize potential benefits and minimize po15 tential adverse impacts to the marine environment. 

16 (c) PRIORITIZATION IN OTHER PROGRAMS.—In car17 rying out other programs relating to aquaculture research 

18 and development, the Administrator shall prioritize restor19 ative ocean aquaculture, including in carrying out— 

20 (1) the Small Business Innovation Research 

21 Program of the National Oceanic and Atmospheric 

22 Administration; 

23 (2) National Sea Grant College Program; and 

24 (3) section 2 of the Act of August 11, 1939 (15 

25 U.S.C. 713c–3). 


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1 (d) PRIORITIZATION WITHIN THE PROGRAM.—In 

2 carrying out this section, the Administrator shall prioritize 

3 support for research and technology development that in4 cludes— 

5 (1) design analyses of restorative aquaculture 

6 systems to maximize ecosystem benefits while avoid7 ing adverse impacts to the marine environment and 

8 wild-capture fisheries and marine wildlife; 

9 (2) spatial analyses to understand and evaluate 

10 where siting of restorative aquaculture can minimize 

11 adverse impacts to migratory birds and waterbirds, 

12 marine birds and mammals, endangered species, and 

13 other aspects of the marine ecosystem; 

14 (3) monitoring both the individual and cumu15 lative environmental impacts of current and pro16 posed small scale aquaculture operations to inform 

17 potential impacts of large-scale operations and 

18 siting; 

19 (4) offshore monitoring, remediation, and miti20 gation technology development; and 

21 (5) understanding and preparing for impacts 

22 that climate change may have on design develop23 ment, siting, and operations of restorative aqua24 culture facilities and the marine environment. 


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1 (e) REPORT.—Not later than 1 year after the date 

2 of the enactment of this Act, the National Academies shall 

3 submit to the Administrator and to Congress a report that 

4 reviews, compiles, and synthesizes existing technologies 

5 and assessments of restorative ocean aquaculture to fur6 ther inform ongoing research and technical assistance 

7 funded under subsection (c). 

8 (f) CONTENT.—The report required by subsection (e) 

9 shall include the following: 

10 (1) A quantitative assessment of the capacity 

11 for sequestering and storing significant amounts of 

12 carbon from the atmosphere and ocean to mitigate 

13 the impacts of climate change. 

14 (2) A comprehensive assessment of the blue 

15 carbon potential for an aquaculture project, includ16 ing its potential environmental impacts, including 

17 cumulative impacts, to native marine species and 

18 marine habitat and the potential adverse wildlife 

19 interactions likely to result from the use of restora20 tive aquaculture technologies in use or under devel21 opment worldwide. 

22 (3) A comprehensive assessment of the poten23 tial impacts, including cumulative impacts, to wild24 capture fisheries and marine wildlife and the produc25 tivity thereof likely to result from the use of restoraVerDate Sep 11 2014 19:26 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H8632.IH H8632

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1 tive aquaculture technologies in use or under devel2 opment worldwide. 

3 (4) An assessment of any known ecosystems 

4 services that have been derived from restorative 

5 ocean aquaculture and design, including siting and 

6 size parameters that maximize those benefits. 

7 (5) A detailed discussion of the mitigation 

8 measures available currently to reduce any negative 

9 environmental or wild-capture fisheries and marine 

10 wildlife impacts identified and their degree of effi11 cacy, as well as the real-time facility monitoring op12 tions available. 

13 (6) Recommendations of regionally relevant 

14 siting, installation, and operations standards nec15 essary to ensure that restorative ocean aquaculture 

16 facilities are developed and operated in a manner 

17 which minimizes impacts to the marine environment 

18 and avoids and minimizes harmful interactions with 

19 marine wildlife and habitat or conflict with other ex20 isting ocean-user groups. 

21 (7) Economic analysis identifying the potential 

22 benefits and impacts to commercial and recreational 

23 fishing and ocean recreation industries resulting 

24 from restorative ocean aquaculture. 


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1 (8) Recommendations for further research and 

2 assessments that should be supported. 

3 (9) A sustainability classification system to as4 sess the various types of restorative aquaculture on 

5 a range of life cycle ecological and social benefits 

6 and provides a composite score with which to rank 

7 such types of restorative aquaculture. 

8 TITLE V—COASTAL BARRIER 

9 RESOURCE ACT AMENDMENTS 

10 SEC. 501. UNDEVELOPED COASTAL BARRIER. 

11 Section 3(1) of the Coastal Barrier Resources Act 

12 (16 U.S.C. 3502(1)) is amended— 

13 (1) by striking ‘‘means’’ and inserting ‘‘in14 cludes’’; 

15 (2) in subparagraph (A), by inserting ‘‘bluff,’’ 

16 after ‘‘barrier spit,’’; and 

17 (3) in subparagraph (B), by inserting ‘‘includ18 ing areas that are and will be vulnerable to coastal 

19 hazards, such as flooding, storm surge, wind, ero20 sion, and sea level rise’’ after ‘‘nearshore waters’’. 

21 SEC. 502. COASTAL HAZARD PILOT PROJECT. 

22 (a) IN GENERAL.— 

23 (1) PROJECT.—The Secretary of the Interior 

24 shall carry out a coastal hazard pilot project to 

25 produce draft maps of areas which could be added 


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1 to the John H. Chafee Coastal Barrier Resources 

2 System that are and will be vulnerable to coastal 

3 hazards, such as flooding, storm surge, wind, erosion 

4 and sea level rise, and areas not in such System to 

5 which barriers and associated habitats are likely to 

6 migrate as sea level rises. 

7 (2) NUMBER OF UNITS.—The coastal hazard 

8 pilot project shall consist of the creation of maps for 

9 no more than 10 percent of the System, one-third of 

10 which shall be otherwise protected areas as that 

11 term is defined in section 12 of the Coastal Barrier 

12 Improvement Act of 1990 (16 U.S.C. 3503 note; 

13 Public Law 101–591). 

14 (b) REPORT.— 

15 (1) IN GENERAL.—Not later than 2 years after 

16 the date of enactment of this Act, the Secretary 

17 shall submit to the Committee on Environment and 

18 Public Works of the Senate and the Committee on 

19 Natural Resources of the House of Representatives 

20 a report describing the results of the coastal hazard 

21 pilot project and the criteria and costs of completing 

22 coastal hazard maps for the entire System. 

23 (2) CONTENTS.—The report shall include a de24 scription of— 


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1 (A) the final recommended maps created 

2 under the coastal hazard pilot project; 

3 (B) recommendations for the adoption of 

4 the digital maps created under this section by 

5 Congress; 

6 (C) a summary of the comments received 

7 from the Governors of the States, other govern8 ment officials, and the public regarding the 

9 maps; and 

10 (D) a description of the criteria and the 

11 amount of funding necessary for completing 

12 coastal hazard maps for the entire System. 

13 (c) CONSULTATION.—The Secretary shall prepare the 

14 report required under subsection (b)— 

15 (1) in consultation with the Governors of the 

16 States in which any System units and otherwise pro17 tected areas are located; and 

18 (2) after— 

19 (A) providing an opportunity for the sub20 mission of public comments; and 

21 (B) considering any public comments sub22 mitted under subparagraph (A). 


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1 SEC. 503. REPORT ON EXPANDING COASTAL BARRIER RE2 SOURCES ACT TO THE PACIFIC COAST, IN3 CLUDING PACIFIC TERRITORIES AND FREELY 

4 ASSOCIATED STATES. 

5 (a) REPORT.—Not later than 1 year after the date 

6 of enactment of this Act, the Secretary shall prepare and 

7 submit a report to Congress on ways to protect undevel8 oped coastal barriers along the Pacific Coast of the United 

9 States, including in the Pacific Territories and Freely As10 sociated States. Such study shall examine the potential for 

11 loss of human life and damage to fish, wildlife, and other 

12 natural resources, and the potential for the wasteful ex13 penditure of Federal revenues, along the Pacific Coast, 

14 giving particular attention to tsunami, flood, erosion, and 

15 storm damage, and sea level rise impacts. 

16 (b) CONTENTS.—The report required under sub17 section (a) shall evaluate ways in which the definition of 

18 the term ‘‘undeveloped coastal barrier’’ under section 3 

19 of the Coastal Barrier Resources Act (16 U.S.C. 3502) 

20 could be expanded to more accurately address the geology 

21 and functions of coastal barriers in areas along the Pacific 

22 Coast, including in the Pacific Territories and Freely As23 sociated States, including the ways in which coastal bluffs, 

24 rocky outcroppings, beaches, wetlands, estuaries, coral 

25 reefs, mangroves, and other landforms in such areas func26 tion as coastal barriers by absorbing storm impacts, proVerDate Sep 11 2014 19:26 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H8632.IH H8632

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1 tecting inland communities from sea level rise impacts, 

2 providing habitat, and being subject to erosion. 

3 (c) PREPARATION AND SUBMISSION OF MAPS.— 

4 (1) PREPARATION.—As soon as practicable 

5 after the date of enactment of this Act, the Sec6 retary shall prepare maps identifying the boundaries 

7 of those undeveloped coastal barriers of the United 

8 States along the Pacific Coast, including in the Pa9 cific Territories and Freely Associated States. 

10 (2) SUBMISSION TO CONGRESS.—Not later than 

11 2 years after the date of enactment of this Act, the 

12 Secretary shall submit to Congress maps identifying 

13 the boundaries of those undeveloped coastal barriers 

14 of the United States along the Pacific Coast, includ15 ing the Pacific Territories and Freely Associated 

16 States, that the Secretary considers to be appro17 priate for inclusion in the John H. Chafee Coastal 

18 Barrier Resources System. 

19 (d) PACIFIC TERRITORIES AND FREELY ASSOCIATED

20 STATES DEFINED.—In this section the term ‘‘Pacific Ter21 ritories and Freely Associated States’’ means each of 

22 American Samoa, Guam, the Republic of the Marshall Is23 lands, the Federated States of Micronesia, and Palau. 


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1 SEC. 504. REQUIRE DISCLOSURE TO PROSPECTIVE BUYERS 

2 THAT PROPERTY IS IN THE COASTAL BAR3 RIER RESOURCES SYSTEM. 

4 Section 5 of the Coastal Barrier Resources Act (16 

5 U.S.C. 3504) is amended by adding at the end the fol6 lowing: 

7 ‘‘(c) DISCLOSURE OF LIMITATIONS.— 

8 ‘‘(1) REQUIREMENT.—No person shall sell any 

9 interest in real property located in the System unless 

10 the person has disclosed to the buyer that the prop11 erty is in the System and subject to the limitations 

12 under this section. 

13 ‘‘(2) NOTIFICATION TO THE SECRETARY.—Not 

14 later than 30 days after the date of sale of any in15 terest in real property located in the System, the 

16 seller shall notify the Secretary using the online sys17 tem required by paragraph (3) of such sale and shall 

18 certify to the Secretary that such seller complied 

19 with the requirements of paragraph (1). 

20 ‘‘(3) ONLINE REPORTING SYSTEM.—Not later 

21 than 30 days after the date of enactment of this 

22 Act, the Secretary shall establish and maintain an 

23 online reporting system to facilitate notifications to 

24 the Secretary required by paragraph (2). 


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1 ‘‘(4) CIVIL PENALTY.—Any person who violates 

2 this subsection shall be subject to a civil penalty of 

3 not more than $10,000.’’. 

4 SEC. 505. IMPROVE FEDERAL AGENCY COMPLIANCE WITH 

5 COASTAL BARRIER RESOURCES ACT. 

6 (a) IN GENERAL.—Section 7(b) of the Coastal Bar7 rier Resources Act (16 U.S.C. 3506(b)) is amended to 

8 read as follows: 

9 ‘‘(b) REPORTS AND CERTIFICATION.— 

10 ‘‘(1) The head of each Federal agency affected 

11 by this Act shall annually report to the Committees 

12 and the Secretary that such agency is in compliance 

13 with this Act. 

14 ‘‘(2) CERTIFICATION.—The Secretary shall an15 nually certify whether each such agency is in compli16 ance with this Act. 

17 ‘‘(3) FAILURE TO COMPLY.—If the Secretary 

18 certifies that an agency is not in compliance with 

19 this Act, the head of the agency shall report to Con20 gress not later than 90 days after the date of such 

21 certification regarding how the agency will achieve 

22 compliance.’’. 

23 (b) TECHNICAL CORRECTION.—Section 3 of the 

24 Coastal Barrier Resources Act (16 U.S.C. 3502) is 


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1 amended by striking ‘‘Committee on Resources’’ and in2 serting ‘‘Committee on Natural Resources’’. 

3 SEC. 506. EXCESS FEDERAL PROPERTY. 

4 Section 4(e) of the Coastal Barrier Resources Act (16 

5 U.S.C. 3503(e)) is amended— 

6 (1) in paragraph (1), by striking ‘‘an undevel7 oped’’ each place such term appears and inserting 

8 ‘‘a’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(3) COASTAL BARRIER DEFINED.—In this sub11 section, the term ‘coastal barrier’ means— 

12 ‘‘(A) a depositional geologic feature (such 

13 as a bay barrier, tombolo, barrier spit, or bar14 rier island) that— 

15 ‘‘(i) is subject to wave, tidal, and wind 

16 energies; and 

17 ‘‘(ii) protects landward aquatic habi18 tats from direct wave attack; and 

19 ‘‘(B) all associated aquatic habitats includ20 ing the adjacent wetlands, marshes, estuaries, 

21 inlets, and nearshore waters.’’. 

22 SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 

23 Section 9 of the Coastal Barrier Resources Act (16 

24 U.S.C. 3508) is amended by striking ‘‘$2,000,000’’ and 

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1 ing ‘‘$5,000,000 for each of fiscal years 2021 through 

2 2025.’’. 

3 TITLE VI—COASTAL ZONE MAN4 AGEMENT ACT AMENDMENTS 

5 SEC. 601. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL 

6 COASTAL ZONE OBJECTIVES. 

7 (a) GRANTS AUTHORIZED.—The Coastal Zone Man8 agement Act of 1972 (16 U.S.C. 1451 et seq.) is amended 

9 by adding at the end the following: 

10 ‘‘GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL

11 COASTAL ZONE OBJECTIVES

12 ‘‘SEC. 320. 

13 ‘‘(a) GRANTS AUTHORIZED.—The Secretary may 

14 award competitive grants to Indian Tribes to further 

15 achievement of the objectives of such a Tribe for such 

16 Tribe’s Tribal coastal zone. 

17 ‘‘(b) COST SHARE.— 

18 ‘‘(1) IN GENERAL.—The Federal share of the 

19 cost of any activity carried out with a grant under 

20 this section shall be— 

21 ‘‘(A) in the case of a grant of less than 

22 $200,000, 100 percent of such cost; and 

23 ‘‘(B) in the case of a grant of $200,000 or 

24 more, 95 percent of such cost, except as pro25 vided in paragraph (2). 


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1 ‘‘(2) WAIVER.—The Secretary may waive the 

2 application of paragraph (1)(B) with respect to a 

3 grant to an Indian Tribe, or otherwise reduce the 

4 portion of the share of the cost of an activity re5 quired to be paid by an Indian Tribe under such 

6 paragraph, if the Secretary determines that the 

7 Tribe does not have sufficient funds to pay such por8 tion. 

9 ‘‘(c) COMPATIBILITY.—The Secretary may not award 

10 a grant under this section unless the Secretary determines 

11 that the activities to be carried out with the grant are 

12 compatible with this title and that the grantee has con13 sulted with the affected coastal state regarding the grant 

14 objectives and purposes. 

15 ‘‘(d) AUTHORIZED OBJECTIVES AND PURPOSES.— 

16 Amounts awarded as a grant under this section shall be 

17 used for 1 or more of the objectives and purposes author18 ized under subsections (b) and (c), respectively, of section 

19 306A. 

20 ‘‘(e) FUNDING.—Of amounts appropriated to carry 

21 out this Act, $5,000,000 is authorized to carry out this 

22 section for each of fiscal years 2021 through 2025. 

23 ‘‘(f) DEFINITIONS.—In this section: 


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1 ‘‘(1) INDIAN LAND.—The term ‘Indian land’ 

2 has the meaning given such term in section 2601 of 

3 the Energy Policy Act of 1992 (25 U.S.C. 3501). 

4 ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ 

5 means an Indian Tribe, as that term is defined in 

6 section 4 of the Indian Self-Determination and Edu7 cation Assistance Act (25 U.S.C. 5304). 

8 ‘‘(3) TRIBAL COASTAL ZONE.—The term ‘Tribal 

9 coastal zone’ means any Indian land of an Indian 

10 Tribe that is within the coastal zone. 

11 ‘‘(4) TRIBAL COASTAL ZONE OBJECTIVE.—The 

12 term ‘Tribal coastal zone objective’ means, with re13 spect to an Indian Tribe, any of the following objec14 tives: 

15 ‘‘(A) Protection, restoration, or preserva16 tion of areas in the Tribal coastal zone of such 

17 Tribe that hold— 

18 ‘‘(i) important ecological, cultural, or 

19 sacred significance for such Tribe; or 

20 ‘‘(ii) traditional, historic, and esthetic 

21 values essential to such Tribe. 

22 ‘‘(B) Preparing and implementing a special 

23 area management plan and technical planning 

24 for important coastal areas. 


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1 ‘‘(C) Any coastal or shoreline stabilization 

2 measure, including any mitigation measure, for 

3 the purpose of public safety, public access, or 

4 cultural or historical preservation.’’. 

5 (b) GUIDANCE.—Not later than 180 days after the 

6 date of the enactment of this Act, the Secretary of Com7 merce shall issue guidance for the program established 

8 under the amendment made by subsection (a), including 

9 the criteria for awarding grants under such program based 

10 on consultation with Indian Tribes (as that term is defined 

11 in that amendment). 

12 (c) USE OF STATE GRANTS TO FULFILL TRIBAL OB13 JECTIVES.—Section 306A(c)(2) of the Coastal Zone Man14 agement Act of 1972 (16 U.S.C. 1455a(c)(2)) is amended 

15 by striking ‘‘and’’ after the semicolon at the end of sub16 paragraph (D), by striking the period at the end of sub17 paragraph (E) and inserting ‘‘; and’’, and by adding at 

18 the end the following: 

19 ‘‘(F) fulfilling any Tribal coastal zone ob20 jective (as that term is defined in section 

21 320).’’. 

22 (d) OTHER PROGRAMS NOT AFFECTED.—Nothing in 

23 this section and the amendments made by this section may 

24 be construed to affect the ability of an Indian Tribe to 

25 apply for, receive assistance under, or participate in any 


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1 program authorized by the Coastal Zone Management Act 

2 of 1972 (16 U.S.C. 1451 et seq.) or other related Federal 

3 laws. 

4 SEC. 602. ELIGIBILITY OF DISTRICT OF COLUMBIA FOR 

5 FEDERAL FUNDING UNDER THE COASTAL 

6 ZONE MANAGEMENT ACT OF 1972. 

7 Section 304(4) of the Coastal Zone Management Act 

8 of 1972 (16 U.S.C. 1453(4)) is amended by inserting ‘‘the 

9 District of Columbia,’’ after ‘‘the term also includes’’. 

10 SEC. 603. COASTAL AND ESTUARINE LAND CONSERVATION 

11 PROGRAM. 

12 Section 307A of the Coastal Zone Management Act 

13 of 1972 (16 U.S.C. 1456–1) is amended— 

14 (1) by striking the heading and inserting 

15 ‘‘COASTAL AND ESTUARINE LAND CONSERVATION

16 PROGRAM’’; 

17 (2) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) IN GENERAL.—The Secretary may conduct a 

20 Coastal and Estuarine Land Conservation Program, in co21 operation with State, regional, and other units of govern22 ment, for the purposes of protecting important coastal and 

23 estuarine areas that— 


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1 ‘‘(1) have significant conservation, recreation, 

2 coastal access, ecological, historical, or aesthetic 

3 value; 

4 ‘‘(2) are threatened by conversion from their 

5 natural, undeveloped, or recreational state to other 

6 uses; or 

7 ‘‘(3) could be managed or restored to effectively 

8 conserve, enhance, or restore ecological function or 

9 mitigate climate change.’’; 

10 (3) in subsection (c)— 

11 (A) by amending paragraph (7) to read as 

12 follows: 

13 ‘‘(7) Priority shall be given to lands that— 

14 ‘‘(A) can be effectively managed and pro15 tected and that have significant ecological 

16 value; 

17 ‘‘(B)(i) are under an imminent threat of 

18 conversion to a use that will degrade or other19 wise diminish their natural, undeveloped, or rec20 reational state; 

21 ‘‘(ii) serve to mitigate the adverse impacts 

22 caused by coastal population growth in the 

23 coastal environment; 

24 ‘‘(iii) are within a national estuarine re25 search reserve designated under section 315, a 


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1 national wildlife refuge, or a national estuary 

2 program, or are proposed for designation as 

3 such a reserve or other such protected area; or 

4 ‘‘(iv) are under threat due to climate 

5 change or may serve to mitigate the adverse ef6 fects of climate change, including through the 

7 storage of blue carbon, and to facilitate inland 

8 migration of coastal ecosystems in response to 

9 sea level rise; and 

10 ‘‘(C) to the maximum extent practicable, 

11 benefit communities that may not have ade12 quate resources to prepare for or respond to 

13 coastal hazards or to access the coastline, in14 cluding low income communities, communities 

15 of color, Tribal and Indigenous communities, 

16 and rural communities.’’; and 

17 (B) in paragraph (10), by striking ‘‘tri18 ennially’’ and inserting ‘‘every 5 years’’; 

19 (4) in subsection (f)— 

20 (A) in paragraph (2)(B), by inserting ‘‘for 

21 any territory of the United States that is un22 able to provide the match,’’ after ‘‘commu23 nity,’’; and 

24 (B) in paragraph (4)— 


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1 (i) in subparagraph (A)(i), by striking 

2 ‘‘meets the criteria set forth in section 

3 2(b)’’ and inserting ‘‘the goals set forth in 

4 subsection (b)’’; and 

5 (ii) in subparagraph (C), by striking 

6 ‘‘(A)’’ and inserting ‘‘subparagraph (A)’’; 

7 (5) in subsection (h), by striking the second 

8 sentence; and 

9 (6) in subsection (l), by striking ‘‘fiscal years 

10 2009 through 2013’’ and inserting ‘‘2021 through 

11 2025’’. 

12 SEC. 604. COASTAL ZONE MANAGEMENT FUND. 

13 Section 308 of Coastal Zone Management Act of 

14 1972 (16 U.S.C. 1456a) is amended to read as follows: 

15 ‘‘COASTAL ZONE MANAGEMENT FUND

16 ‘‘SEC. 308. 

17 ‘‘(a) ESTABLISHMENT.—There is established a fund, 

18 to be known as the ‘Coastal Zone Management Fund’, 

19 which shall consist of fees deposited into the Fund under 

20 section 307(i)(3) and any other funds appropriated to the 

21 Fund. 

22 ‘‘(b) GRANTS FOR POST-DISASTER RESPONSE TO SE23 VERE COASTAL FLOOD EVENTS.— 

24 ‘‘(1) IN GENERAL.—In response to a major dis25 aster declared under the Robert T. Stafford Disaster 

26 Relief and Emergency Assistance Act (42 U.S.C. 


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1 5121 et seq.) as a result of flood and related dam2 ages in the coastal zone of a State, the Secretary 

3 may issue a grant to such State for a purpose de4 scribed in paragraph (2). 

5 ‘‘(2) ELIGIBLE USES.—A State may use funds 

6 provided under this subsection to— 

7 ‘‘(A) improve resilience to future severe 

8 coastal flood hazards including activities and 

9 projects related to— 

10 ‘‘(i) publicly owned infrastructure; 

11 ‘‘(ii) residential and commercial struc12 tures; 

13 ‘‘(iii) natural infrastructure; or 

14 ‘‘(iv) waste disposal sites and indus15 trial facilities; 

16 ‘‘(B) assess damages after a major disaster 

17 described in paragraph (1); 

18 ‘‘(C) plan, design, or engineer a project 

19 to— 

20 ‘‘(i) restore, expand, install, or relo21 cate natural infrastructure; 

22 ‘‘(ii) remove damaged assets, restore 

23 sites to safe conditions, and select alter24 native sites; or 


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1 ‘‘(iii) facilitate the landward migration 

2 of coastal ecosystems; or 

3 ‘‘(D) implement a project described by 

4 subparagraph (C). 

5 ‘‘(3) FEDERAL SHARE.—The Secretary may 

6 issue a grant under this subsection for an amount 

7 not to exceed— 

8 ‘‘(A) 90 percent of the cost of an activity 

9 described in subparagraph (A) or (B) of para10 graph (2); 

11 ‘‘(B) except as provided in subparagraph 

12 (C), 60 percent of the cost of an activity de13 scribed in paragraph (2)(D); 

14 ‘‘(C) 75 percent of the cost of an activity 

15 provided for in a plan approved under sub16 section (d); or 

17 ‘‘(D) 100 percent of the cost of any activ18 ity described in subparagraph (A), (B), or (C) 

19 of paragraph (2) responding to the effects of a 

20 severe coastal flood in a disadvantaged commu21 nity that is identified in a plan approved under 

22 subsection (d). 

23 ‘‘(c) GRANTS FOR SEVERE COASTAL FLOOD HAZARD

24 PLANNING.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, at the re2 quest of a Governor of a coastal state, may use 

3 amounts in the Fund to issue a grant to a coastal 

4 state with an approved coastal zone management 

5 program for the timely response to a severe coastal 

6 flood hazard. 

7 ‘‘(2) PROPOSAL.—To be considered for a grant 

8 under this section, a State shall submit a grant pro9 posal to the Secretary in a time, place, and manner 

10 determined by the Secretary. Such proposal shall— 

11 ‘‘(A) describe the risks that severe coastal 

12 flood hazards pose in the State and goals for 

13 reducing loss of life and property and sus14 taining coastal ecosystems in response to these 

15 risks; 

16 ‘‘(B) include consideration of related plans 

17 including the Coastal Zone Management Plan 

18 of the State, the Hazard Mitigation Plan of the 

19 State, and the severe coastal flood hazard pre20 paredness plans, if any, of neighboring States; 

21 ‘‘(C) be developed in conjunction with local 

22 governments in the coastal zone of the State 

23 and provided for public review and comment on 

24 the plan, including holding a public hearing and 

25 engaging disadvantaged communities; and 


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1 ‘‘(D) be substantially consistent with the 

2 guidance issued under subsection (e)(1)(C). 

3 ‘‘(3) CRITERIA.—In determining the amount of 

4 a grant under this subsection, the Secretary shall 

5 consider the— 

6 ‘‘(A) area and population of the coastal 

7 zone of the applicant State; 

8 ‘‘(B) the risks that severe coastal flood 

9 hazards pose to the State; and 

10 ‘‘(C) the reduction of severe coastal flood 

11 hazards expected as a result of the proposal. 

12 ‘‘(4) LIMITATION ON AMOUNT OF FUNDS TO BE

13 AWARDED.—Grants made pursuant to this sub14 section in any fiscal year shall not exceed 50 percent 

15 of the funds in the Fund as a result of appropria16 tions pursuant to subsection (j)(1). 

17 ‘‘(5) FEDERAL SHARE.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (B), the Federal share of the cost 

20 of an activity funded by a grant issued under 

21 this subsection shall not exceed— 

22 ‘‘(i) 75 percent of the cost of the ac23 tivity; or 

24 ‘‘(ii) 85 percent of the cost of the ac25 tivity in the case of a State that has enVerDate Sep 11 2014 19:26 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H8632.IH H8632

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1 acted a requirement for the disclosure of 

2 severe coastal flood hazards, including sea 

3 level rise, that meets criteria for such dis4 closure established by the Secretary, to 

5 buyers of real estate in the coastal zone. 

6 ‘‘(B) EXCEPTION.—The Secretary may re7 duce or waive the matching requirement under 

8 paragraph (5) if a coastal state submits a writ9 ten request to the Secretary for a waiver with 

10 a justification as to why the State cannot meet 

11 the match requirement, and the Secretary de12 termines such justification sufficient to waive 

13 such requirement. 

14 ‘‘(d) GRANTS FOR SEVERE COASTAL FLOOD HAZARD

15 PLAN IMPLEMENTATION.— 

16 ‘‘(1) The Secretary, at the Secretary’s discre17 tion or at the request of the Governor of a State, 

18 may use amounts in the Fund to issue grants to a 

19 coastal state with a severe coastal flood hazard pre20 paredness plan approved under to subsection (d) to 

21 implement the approved plan. 

22 ‘‘(2) Activities eligible for funding under this 

23 subsection include: 


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1 ‘‘(A) conducting a public awareness cam2 paign to inform the public and decision-makers 

3 about severe coastal flood hazards; 

4 ‘‘(B) developing, enacting, and admin5 istering a state or local law prohibiting new and 

6 significantly expanded development in areas at 

7 risk of severe coastal flood hazards; 

8 ‘‘(C) developing, enacting, and admin9 istering a state requirement for disclosure of se10 vere coastal flood hazards, including sea level 

11 rise, to buyers of real estate; 

12 ‘‘(D) making grants to local governments, 

13 or regional consortiums of local governments, to 

14 implement the state plan, including develop15 ment of local or regional plans and site-specific 

16 plans or projects; and 

17 ‘‘(E) planning, designing, and imple18 menting projects to— 

19 ‘‘(i) protect existing public infrastruc20 ture and residential and commercial prop21 erties, including built structures, natural 

22 infrastructure, and living shorelines; 

23 ‘‘(ii) relocate infrastructure or struc24 tures at risk of damage by severe coastal 


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1 flood hazards, restore such sites to safe 

2 conditions, and select alternative sites; 

3 ‘‘(iii) remove structures damaged by 

4 severe coastal flood hazards and restore 

5 such site to safe conditions; 

6 ‘‘(iv) protect waste disposal facilities 

7 in areas at risk of severe coastal flood haz8 ards or relocate such facilities to alter9 native sites; and 

10 ‘‘(v) facilitate the landward migration 

11 of coastal ecosystems. 

12 ‘‘(3) Grants made pursuant to this subsection 

13 shall be in response to an annual request for pro14 posals. In determining the amount of a grant, the 

15 Secretary shall consider— 

16 ‘‘(A) the area and population of the coastal 

17 zone of the State; 

18 ‘‘(B) the risks that severe coastal flood 

19 hazards pose in the State and the reduction of 

20 coastal flood hazards expected as a result of the 

21 proposal; 

22 ‘‘(C) demonstration of innovative ap23 proaches to preparing for severe coastal flood 

24 hazards; and 


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1 ‘‘(D) benefits to disadvantaged commu2 nities identified in a plan approved pursuant to 

3 subsection (d). 

4 ‘‘(4) A grant under this subsection shall be lim5 ited to 75 percent of the cost of the proposal, except 

6 that the Secretary may reduce or waive the such 

7 matching requirement if a coastal state submits to 

8 the Secretary in writing a request for a waiver with 

9 a justification as to why the State cannot meet the 

10 match requirement, and the Secretary agrees with 

11 the justification and grants the waiver. 

12 ‘‘(e) TECHNICAL SUPPORT TO STATES.— 

13 ‘‘(1) The Secretary shall take such actions as 

14 the Secretary determines necessary to support 

15 States in carrying out this section, including at a 

16 minimum the following: 

17 ‘‘(A) Periodic assessment of storm flood 

18 risk and relative sea level and lake level changes 

19 along the United States coastline, including es20 timates of changes in storm intensity and rel21 ative sea or lake levels by 2040, 2060, 2080, 

22 and 2100. 

23 ‘‘(B) Operation of an online mapping tool 

24 to describe areas at risk of temporary flooding 

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1 undation as a result of sea or long term lake 

2 level changes. 

3 ‘‘(C) Publication, not later than 1 year 

4 after the date of enactment of this section and 

5 periodically thereafter, of guidance for the de6 velopment of State plans developed pursuant to 

7 subsection (d). 

8 ‘‘(D) Establishment, not later than 1 year 

9 after the date of enactment of this section, of 

10 minimum criteria for disclosure of severe coast11 al flood hazards, including sea level rise, to buy12 ers of real estate in the coastal zone. 

13 ‘‘(E) Creation, not later than 1 year after 

14 the date of enactment of this section, and peri15 odic updating, of an online dashboard describ16 ing the key features of State or local govern17 ment requirements for disclosure of severe 

18 coastal flood hazards to buyers of real estate. 

19 ‘‘(F) Establishment, not later than 1 year 

20 after the date of enactment of this section, after 

21 consultation with the Administrator of the En22 vironmental Protection Agency, of standards for 

23 restoration to safe conditions of sites from 

24 which infrastructure or other structures have 

25 been relocated. 


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1 ‘‘(2) The guidance developed by the Secretary 

2 pursuant to subparagraph (C) of paragraph (1) of 

3 this subsection shall, at a minimum— 

4 ‘‘(A) provide information States need to 

5 establish State-specific estimates of severe 

6 coastal flood hazards, including more severe 

7 storms and relative sea and lake levels, and 

8 planning targets for such hazards for the years 

9 2040, 2060, 2080, and 2100; 

10 ‘‘(B) describe approaches the State should 

11 consider to prohibit new or expanded develop12 ment in areas at risk of severe coastal flood 

13 hazards; 

14 ‘‘(C) outline considerations for State 

15 grants to support local governments in the 

16 coastal zone, or consortiums of such govern17 ments acting on a regional basis, in developing 

18 or implementing parts of a plan pursuant to 

19 subsection (d); 

20 ‘‘(D) describe methods for evaluation of re21 sponse options including construction of struc22 tures to protect assets and relocation to alter23 native sites, including cost comparison in the 

24 context of available resources, and related con25 siderations; 


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1 ‘‘(E) review options for establishing prior2 ities for removal of damaged or abandoned 

3 structures and restoration of sites to safe condi4 tions; 

5 ‘‘(F) describe social justice policies and 

6 practices the State should consider adopting, in7 cluding criteria for identifying disadvantaged 

8 communities within the coastal zone of the 

9 State and the policies and practices the State 

10 should consider adopting to assure that inter11 ests of such communities are addressed in State 

12 plans developed pursuant to this section; 

13 ‘‘(G) identify areas in coastal communities, 

14 or other locations in the State, that have mini15 mal severe coastal flood hazards, that are ap16 propriate for relocation of people and assets, 

17 and can sustain the identity and cultural herit18 age of relocated communities; 

19 ‘‘(H) provide information and practices for 

20 identifying coastal areas that are important to 

21 the successful landward migration of eco22 systems in response to severe coastal flood haz23 ards and measures for protecting these migra24 tion pathways; 


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1 ‘‘(I) identify tools to identify waste dis2 posal sites and related sites that pose a risk of 

3 water pollution as a result of severe coastal 

4 flood hazards and describe practices the State 

5 should consider to protect or relocate such fa6 cilities or sites; and 

7 ‘‘(J) describe opportunities to improve 

8 public access to the shoreline as a result of im9 proved preparedness for severe coastal flood 

10 hazards. 

11 ‘‘(f) ADMINISTRATION.—The Secretary may use 

12 amounts in the Fund for expenses incident to the adminis13 tration of this section, in an amount not to exceed 

14 $250,000 or 3 percent of the amount in the Fund, which15 ever is less, for each year. 

16 ‘‘(g) REPORT TO CONGRESS.—The Secretary shall, 

17 not later than 3 years after the date of enactment of this 

18 section and every 3 years thereafter, submit to the Com19 mittee on Natural Resources of the United States House 

20 of Representatives and the Committee on Commerce of the 

21 United States Senate a report describing the development 

22 of plans and projects under this section, changes in severe 

23 coastal flood hazards, including changes to risks to dis24 advantaged communities, and making recommendations to 

25 better respond to these challenges. 


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1 ‘‘(h) DEFINITIONS.—For the purposes of this section: 

2 ‘‘(1) The term ‘severe coastal flood hazards’ 

3 means temporary flooding resulting from coastal 

4 storms and storm surge, tsunamis, and changing 

5 lake levels and permanent inundation from rising 

6 sea levels and land subsidence, including landward 

7 migration of shorelines impacting residential and 

8 commercial property, infrastructure, and ecosystems. 

9 ‘‘(2) The term ‘natural infrastructure’ means 

10 coastal wetlands, beaches, dunes, marshes, mangrove 

11 forests, municipal green infrastructure, and living 

12 shorelines. 

13 ‘‘(3) The term ‘publicly owned infrastructure’ 

14 means buildings, structures, and facilities and ap15 purtenances of drinking water, sewage treatment, 

16 natural gas, or electric power utilities owned by a 

17 municipal, county, or State government or a com18 bination of such governments. 

19 ‘‘(4) The term ‘waste disposal site’ means a 

20 publicly or privately owned solid waste landfill or 

21 disposal site, hazardous waste landfill of disposal 

22 site, sites included on the National Priorities List 

23 developed under the Comprehensive Environmental 

24 Response, Compensation, and Liability Act of 1980, 

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1 als from coal-fired power plants, provided that such 

2 sites are identified in a plan developed and approved 

3 under subsection (d). 

4 ‘‘(5) The term ‘disadvantaged communities’ 

5 means areas of the coastal state identified in a plan 

6 approved under subsection (d) which disproportion7 ately suffer from a combination of economic, health, 

8 and environmental burdens including poverty, high 

9 unemployment, air and water pollution, presence of 

10 hazardous wastes as well as high incidence of asth11 ma and heart disease. 

12 ‘‘(6) The term ‘living shoreline’ means a pro13 tected, stabilized coastal edge made of natural mate14 rials such as plants designed to provide wildlife habi15 tat, as well as natural resilience to shorelines. 

16 ‘‘(7) The term ‘municipal green infrastructure’ 

17 has the meaning provided in 33 U.S. Code § 1362 

18 (27). 

19 ‘‘(8) The term ‘safe conditions’ refers to stand20 ards for restoration of sites from which infrastruc21 ture or structures are relocated established by the 

22 Secretary pursuant to subsection (f)(1)(F) are pro23 tective of human health and the environment. 

24 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) There is authorized to be appropriated into 

2 the Fund for use by the Secretary $100,000,000 for 

3 each of fiscal years 2021 through 2025, which shall 

4 remain available until expended without fiscal year 

5 limitation. 

6 ‘‘(2) There is authorized to be appropriated into 

7 the Fund for use by the Secretary to respond to a 

8 major disaster declared under the Robert T. Staf9 ford Disaster Relief and Emergency Assistance Act 

10 (42 U.S.C. 5121 et seq.) such sums as may be nec11 essary. Funds appropriated pursuant to this para12 graph may only be used to make grants to the state 

13 or states in which the major disaster occurred and 

14 shall remain available until expended without fiscal 

15 year limitation.’’. 

16 SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 318(a) of the Coastal Zone Management Act 

18 of 1972 (16 U.S.C. 1464) is amended to read as follows: 

19 ‘‘(a) SUMS APPROPRIATED TO THE SECRETARY.— 

20 There are authorized to be appropriated to the Secretary, 

21 to remain available until expended— 

22 ‘‘(1) for grants under sections 306, 306A, and 

23 309, $95,000,000 for each of fiscal years 2021 

24 through 2025; and 


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1 ‘‘(2) for grants under section 315, $37,000,000 

2 for each of fiscal years 2021 through 2025.’’. 

3 SEC. 606. AMENDMENTS TO NATIONAL ESTUARINE RE4 SEARCH RESERVE SYSTEM PROGRAM. 

5 (a) DESIGNATION OF ADDITIONAL RESERVES.—Not 

6 later than 5 years after the date of the enactment of this 

7 Act, the Secretary of Commerce shall designate not less 

8 than 5 new national estuarine reserves under section 315 

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

10 1461) that ensure the National Estuarine Research Re11 serve System includes areas in— 

12 (1) all biogeographic regions of the United 

13 States; and 

14 (2) each coastal state (as that term is defined 

15 in that Act). 

16 (b) GUIDELINES FOR TRACKING AND MODELING THE

17 IMPACTS OF CLIMATE CHANGE.—Section 315(c) of the 

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

19 1461(c)) is amended— 

20 (1) by redesignating paragraphs (3) through 

21 (5) as paragraphs (4) through (6); and 

22 (2) by inserting after paragraph (2) the fol23 lowing: 

24 ‘‘(3) the establishment of coordinated long-term 

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1 tem for tracking and modeling the impacts of cli2 mate change on estuarine systems, including impacts 

3 on lake levels and sea levels;’’. 

4 (c) PROMOTION AND COORDINATION OF ESTUARINE

5 RESEARCH.—Section 315(d) of the Coastal Zone Manage6 ment Act of 1972 (16 U.S.C. 1461(d)) is amended by 

7 striking ‘‘and’’ after the semicolon at the end of paragraph 

8 (1), by striking the period at the end of paragraph (2) 

9 and inserting a semicolon, and by adding at the end the 

10 following: 

11 ‘‘(3) establishing and managing the Margaret 

12 A. Davidson Graduate Research Fellowship to pro13 vide, subject to the availability of appropriations, fi14 nancial assistance to graduate research that utilizes 

15 the national estuarine research reserves; 

16 ‘‘(4) establishing a Central Data Management 

17 office and System Science Collaborative; and 

18 ‘‘(5) carrying out monitoring, education, exten19 sion, and coastal training programs throughout the 

20 System.’’. 

21 (d) LAND ACQUISITION AND CONSTRUCTION.—Sec22 tion 315 of the Coastal Zone Management Act of 1972 

23 (16 U.S.C. 1461) is amended by adding at the end the 

24 following: 


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1 ‘‘(h) LAND ACQUISITION AND CONSTRUCTION.—The 

2 Secretary may use funds authorized under section 318 for 

3 land acquisition and the construction and renovations of 

4 facilities required to meet delivery of System programs 

5 and services, or to meet changing needs of program under 

6 this title. Such construction must incorporate green design 

7 principles, materials, energy efficiency, and adaptive reuse 

8 strategies, and the development of innovative coastal tech9 nology and management strategies that enhance resilience 

10 of System facilities and lands.’’. 

11 TITLE VII—INSULAR AFFAIRS 

12 SEC. 701. DEFINITIONS. 

13 In this title: 

14 (1) FREELY ASSOCIATED STATES.—The term 

15 ‘‘Freely Associated States’’ means the Republic of 

16 the Marshall Islands, the Federated States of Micro17 nesia, and the Republic of Palau. 

18 (2) TERRITORIES.—The term ‘‘Territories’’ 

19 means American Samoa, the Commonwealth of the 

20 Northern Mariana Islands, Guam, Puerto Rico, and 

21 the Virgin Islands of the United States. 

22 SEC. 702. COASTAL MANAGEMENT TECHNICAL ASSISTANCE 

23 AND REPORT. 

24 (a) TECHNICAL ASSISTANCE.— 


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1 (1) IN GENERAL.—The Administrator shall pro2 vide technical assistance to the Territories and Free3 ly Associated States to enhance such entities’ coastal 

4 management and climate change programs. 

5 (2) AUTHORIZATION OF APPROPRIATIONS.—To 

6 carry out this subsection there is authorized to be 

7 appropriated to the Administrator $5,000,000 for 

8 each of fiscal years 2021 through 2025. 

9 (b) ANNUAL REPORT.—The Administrator shall sub10 mit an annual report to the Committee on Natural Re11 sources of the House of Representatives and the Com12 mittee on Commerce, Science, and Transportation of the 

13 Senate on the status of— 

14 (1) wetland, mangrove, and estuary conditions 

15 in the Territories and Freely Associated States; and 

16 (2) climate change impacts, including ecological, 

17 economic and cultural impacts, in the Territories 

18 and Freely Associated States. 

19 SEC. 703. CLIMATE CHANGE INSULAR RESEARCH GRANT 

20 PROGRAM. 

21 (a) IN GENERAL.—The Secretary of Commerce, act22 ing through the Administrator, shall establish a Climate 

23 Change Insular Research Grant Program to provide 

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1 lecting, synthesizing, analyzing, and publishing local cli2 mate change data. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

4 out this section there is authorized to be appropriated to 

5 the Secretary $5,000,000 for each of fiscal years 2021 and 

6 2022. 

7 SEC. 704. EXTREME WEATHER AND CLIMATE OUTREACH TO 

8 INSULAR AREAS. 

9 (a) TECHNICAL ASSISTANCE AND OUTREACH.— 

10 (1) IN GENERAL.—The Administrator shall pro11 vide technical assistance and outreach to insular 

12 areas of the United States through the San Juan, 

13 Tiyan, and Pago Pago Weather Forecast Offices of 

14 the National Weather Service. For the purposes of 

15 this section, the Administrator may also employ 

16 other agency entities as the Administrator deems 

17 necessary, in order to improve weather data collec18 tion, produce more accurate tropical weather fore19 casts, and provide science, data, information, and 

20 impact-based decision support services to reduce 

21 hurricane and typhoon impacts in the Territories 

22 and Freely Associated States. 

23 (2) AUTHORIZATION OF APPROPRIATIONS.—To 

24 carry out this subsection there is authorized to be 


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1 appropriated to the Secretary $5,000,000 for each of 

2 fiscal years 2021 through 2025. 

3 (b) GRANTS.— 

4 (1) IN GENERAL.—The Secretary of Commerce, 

5 acting through the Administrator, may provide 

6 grants to academic, nonprofit, and local entities to 

7 conduct climate change research in the Territories 

8 and Freely Associated States. 

9 (2) INCLUDED GRANT PURPOSE.—The purpose 

10 of a grant under this subsection may include re11 search on oceanic heat content to assess past and 

12 future hurricane and typhoon trends. 

13 (3) AUTHORIZATION OF APPROPRIATIONS.—To 

14 carry out this subsection there is authorized to be 

15 appropriated to the Secretary $5,000,000 for each of 

16 fiscal years 2021 through 2025. 

17 SEC. 705. CORAL REEFS. 

18 (a) PRIZE COMPETITIONS.—The Director of the Of19 fice of Science and Technology Policy shall work with the 

20 head of each Federal agency represented on the U.S. Coral 

21 Reef Task Force established under Executive Order 13089 

22 (63 Fed. Reg. 32701) to establish prize competitions that 

23 promote coral reef research and conservation in the Terri24 tories and Freely Associated States. 


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1 (b) WAIVER OF MATCHING REQUIREMENT.—Section 

2 204(b) of the Coral Reef Conservation Act of 2000 (16 

3 U.S.C. 6403(b)) is amended— 

4 (1) by striking the enumerator and heading for 

5 paragraph (2) and inserting the following: 

6 ‘‘(2) WAIVERS.— 

7 ‘‘(A) NEED AND BENEFIT.—’’; and 

8 (2) by adding at the end of paragraph (2) the 

9 following: 

10 ‘‘(B) SUSTAINING CORAL REEF MANAGE11 MENT AND MONITORING.—The Secretary shall 

12 waive all the matching requirement under para13 graph (2) for grants to implement State and 

14 territorial coral reef conservation cooperative 

15 agreements to sustain coral reef management 

16 and monitoring in Florida, Hawaii, American 

17 Samoa, the Commonwealth of the Northern 

18 Mariana Islands, Guam, Puerto Rico, and the 

19 Virgin Islands of the United States.’’. 

20 SEC. 706. OCEAN AND COASTAL MAPPING INTEGRATION 

21 ACT. 

22 (a) EFFECTS OF CLIMATE CHANGE ON INSULAR

23 AREAS.—Section 12204 of the Ocean and Coastal map24 ping Integration Act (33 U.S.C. 3503) is amended— 

25 (1) in paragraph (12) by striking ‘‘and’’; 


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1 (2) in paragraph (13) by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(14) The study of insular areas and the effects 

5 of climate change, particularly in bioluminescent 

6 bodies of water.’’. 

7 (b) REAUTHORIZATION.—Section 12207 of the Ocean 

8 and Coastal Mapping Integration Act (33 U.S.C. 3506) 

9 is amended— 

10 (1) in subsection (a) by striking ‘‘this subtitle’’ 

11 and all that follows through the end of the sub12 section and inserting ‘‘this subtitle $45,000,000 for 

13 each of fiscal years 2021 through 2025.’’; and 

14 (2) in subsection (b), by striking ‘‘this subtitle’’ 

15 and all that follows through the end of the sub16 section and inserting ‘‘this subtitle $45,000,000 for 

17 each of fiscal years 2021 through 2025.’’. 

18 SEC. 707. OFFICE OF INSULAR AFFAIRS TECHNICAL ASSIST19 ANCE PROGRAM. 

20 (a) IN GENERAL.—The Secretary of the Interior 

21 shall, acting through the Office of Insular Affairs Tech22 nical Assistance Program, shall provide technical assist23 ance for climate change planning, mitigation, and adapta24 tion to Territories and Freely Associated States under the 

25 jurisdiction of such Program. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary of the Inte3 rior $5,000,000 for each of fiscal years 2021 through 

4 2025. 

5 SEC. 708. DISASTER RELIEF FEDERAL COST-SHARE WAIV6 ER. 

7 Any funding made available to Territories and Freely 

8 Associated States for disaster relief, long-term recovery, 

9 restoration of infrastructure and housing, economic revi10 talization, and mitigation pursuant to the Robert T. Staf11 ford Disaster Relief and Emergency Assistance Act (42 

12 U.S.C. 5121 et seq.) shall not be subject to a non-Federal 

13 share funding requirement. 

14 TITLE VIII—STRENGTHENING 

15 MARINE MAMMAL CONSERVA16 TION 

17 SEC. 801. CONSERVATION OF MARINE MAMMALS AD18 VERSELY AFFECTED BY CLIMATE CHANGE. 

19 (a) IN GENERAL.—The Marine Mammal Protection 

20 Act of 1974 (16 U.S.C. 1361 et seq.) is amended by in21 serting after section 120 the following: 

22 ‘‘SEC. 121. CONSERVATION OF MARINE MAMMALS AD23 VERSELY AFFECTED BY CLIMATE CHANGE. 

24 ‘‘(a) CLIMATE IMPACT MANAGEMENT PLANS.— 


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1 ‘‘(1) Within 18 months after the date of enact2 ment of this section, the Secretary, in consultation 

3 with the Marine Mammal Commission, shall publish 

4 in the Federal Register, after notice and opportunity 

5 for public comment, a list of those marine mammal 

6 species and population stocks in waters under the 

7 jurisdiction of the United States for which climate 

8 change, alone or in combination or interaction with 

9 other factors, has more than a remote possibility of 

10 resulting in a decline in population abundance, of 

11 impeding population recovery, or of reducing car12 rying capacity. The list shall identify— 

13 ‘‘(A) any species or population stock for 

14 which such impacts are likely to occur within 

15 20 years; 

16 ‘‘(B) any species or population stock listed 

17 as a threatened species or endangered species 

18 under the Endangered Species Act of 1973 (16 

19 U.S.C. 1531 et seq.) for which such impacts 

20 have more than a remote possibility of occur21 ring within 100 years; and 

22 ‘‘(C) any other species or population stock 

23 for which such impacts have more than a re24 mote possibility of occurring within 100 years. 


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1 ‘‘(2)(A) The Secretary, in consultation with the 

2 Marine Mammal Commission, shall review the list 

3 adopted pursuant to paragraph (1) at least once 

4 every 5 years, or more frequently if significant new 

5 information becomes available, and, after notice and 

6 opportunity for public comment, shall publish a re7 vised list in the Federal Register. 

8 ‘‘(B) Within 12 months after receiving the peti9 tion of an interested person under section 553(e) of 

10 title 5, United States Code, to add a marine mam11 mal species or population stock to the list published 

12 under paragraph (1), the Secretary, in consultation 

13 with the Marine Mammal Commission and after no14 tice and opportunity for public comment, shall pub15 lish in the Federal Register its finding of whether 

16 the petitioned action is warranted. If the petitioned 

17 action is deemed warranted, the Secretary shall pub18 lish at the same time the revision adding such spe19 cies or population stock. 

20 ‘‘(3) The list published under paragraph (1), 

21 and any revisions thereto made in accordance with 

22 paragraph (2), shall include a determination of 

23 whether a climate impact management plan will pro24 mote the conservation of species or stocks listed pur25 suant to paragraph (1)(C). 


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1 ‘‘(4)(A)(i) The Secretary shall publish in the 

2 Federal Register a draft climate impact management 

3 plan, and proposed regulations implementing the 

4 plan, for each marine mammal species or population 

5 stock— 

6 ‘‘(I) listed under paragraph (1)(A), within 

7 18 months after the listing; 

8 ‘‘(II) listed under paragraph (1)(B), within 

9 30 months after the listing; and 

10 ‘‘(III) listed under paragraph (1)(C) of 

11 this subsection, within 5 years after the listing 

12 if the Secretary determines that such a plan 

13 will promote the conservation of the species or 

14 stock. 

15 ‘‘(ii) Each draft climate impact management 

16 plan shall be developed in consultation with the Ma17 rine Mammal Commission and, as appropriate, other 

18 Federal agencies, and shall be made available for 

19 public review and comment for a period not to ex20 ceed 90 days. 

21 ‘‘(iii) No later than 120 days after the close of 

22 the comment period required under clause (ii), the 

23 Secretary shall issue a final climate impact manage24 ment plan and implementing regulations that are 

25 consistent with the other provisions of this section 


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1 and, to the full extent available under the Sec2 retary’s authorities under this Act and other stat3 utes, implement the conservation and management 

4 measures identified in the plan. 

5 ‘‘(B) Each management plan under subpara6 graph (A) shall include a comprehensive strategy for 

7 mitigating the direct and indirect effects of climate 

8 change and increasing resiliency in the species or 

9 population stock, and shall identify conservation and 

10 management measures to— 

11 ‘‘(i) mitigate to the extent possible the di12 rect adverse effects of climate change on such 

13 species and population stocks and their prey; 

14 ‘‘(ii) monitor, reduce, and prevent inter15 actions with fisheries and other human activi16 ties that may occur as a result of changes in 

17 marine mammal distribution or other indirect 

18 effects of climate change; 

19 ‘‘(iii) increase resiliency by materially re20 ducing other human impacts on such species 

21 and population stocks, including but not limited 

22 to the reduction of incidental taking of marine 

23 mammals and of the degradation of the habitat 

24 of such species and population stocks, and by 

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1 ability of prey to such species and population 

2 stocks; and 

3 ‘‘(iv) take any other action as may be nec4 essary to implement the strategy set forth in 

5 the plan. 

6 ‘‘(C) Each management plan under subpara7 graph (A) shall include objective, measurable criteria 

8 for evaluating the effectiveness and sufficiency of 

9 such measures to meet the purposes of this Act. 

10 ‘‘(D) All other Federal agencies shall, in con11 sultation with and with the assistance of the Sec12 retary, utilize their authorities in furtherance of the 

13 strategy and conservation and management meas14 ures set forth in climate impact management plans 

15 developed under this subsection and ensure that 

16 their actions do not conflict or interfere with the ob17 jectives of such management plans. The Secretary 

18 shall consult with the Marine Mammal Commission 

19 and, as may be warranted, other agencies in the im20 plementation of such plans. 

21 ‘‘(E) When appropriate, the Secretary may, and 

22 is encouraged to, integrate climate impact manage23 ment plans into conservation plans adopted under 

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1 tion 4(f) of the Endangered Species Act of 1973 (16 

2 U.S.C. 1533(f)). 

3 ‘‘(F) The Secretary shall review climate impact 

4 management plans and implementing regulations at 

5 least once every 5 years, and shall revise and amend 

6 them as necessary to meet the goals and require7 ments of this section. Any changes shall be subject 

8 to the procedures and requirements applicable to the 

9 adoption of the initial plans and regulations. 

10 ‘‘(5) The Secretary shall report to Congress 4 

11 years after the date of enactment of this section, 

12 and every 2 years thereafter, on— 

13 ‘‘(A) actions taken to implement this sec14 tion; 

15 ‘‘(B) any backlog in meeting the schedule 

16 set forth in this subsection for adopting, review17 ing, and implementing climate impact manage18 ment plans, or additional resources necessary to 

19 address any such backlog; and 

20 ‘‘(C) the effectiveness of implementation 

21 and sufficiency of the measures adopted in cli22 mate impact management plans, and any rec23 ommendations for improving the process or the 

24 applicable legislation. 


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1 ‘‘(b) MONITORING OF CLIMATE IMPACTS.—The Sec2 retary shall establish a program to monitor the adverse 

3 impacts of climate change on marine mammals. The pur4 poses of the monitoring program shall be to— 

5 ‘‘(1) improve models of projected future 

6 changes in marine mammal distribution and den7 sities resulting from climate change; 

8 ‘‘(2) identify and monitor interactions with fish9 eries and other human activities that may occur as 

10 a result of changes in marine mammal distribution 

11 or other effects of climate change; 

12 ‘‘(3) monitor the abundance of species and pop13 ulation stocks, to an extent sufficient to detect a 20 

14 percent population decline over 20 years; 

15 ‘‘(4) improve understanding of the impacts of 

16 climate change on marine mammal species and pop17 ulation stocks; and 

18 ‘‘(5) assess the direct and indirect contributions 

19 of marine mammals to carbon reduction, including 

20 through carbon sequestration and nutrient cycling. 

21 ‘‘(c) PROMULGATION OF REGULATIONS FOR LISTING

22 MARINE MAMMALS ADVERSELY IMPACTED BY CLIMATE

23 CHANGE.—The Secretary shall, within 120 days after the 

24 date of the enactment of this section— 


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1 ‘‘(1) publish in the Federal Register for public 

2 comment, for a period of not less than 60 days, reg3 ulations for listing marine mammal species and pop4 ulation stocks adversely impacted by climate change, 

5 alone or in combination or interaction with other 

6 factors, as described in paragraphs (1) and (2) of 

7 subsection (a), taking into account both quantitative 

8 and qualitative indicators of adverse impacts of cli9 mate change and human activities on such species 

10 and stocks, including— 

11 ‘‘(A) direct and indirect mortality and seri12 ous injury; 

13 ‘‘(B) loss or degradation of habitat; 

14 ‘‘(C) changes in the distribution or avail15 ability of prey; 

16 ‘‘(D) changes in the distribution of marine 

17 mammal species and population stocks; 

18 ‘‘(E) decreased genetic diversity or repro19 ductive success; 

20 ‘‘(F) increased susceptibility to pathogens; 

21 and 

22 ‘‘(G) increased likelihood of interactions 

23 with fisheries and other human activities; and 

24 ‘‘(2) no later than 90 days after the close of the 

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1 eral Register final regulations for listing marine 

2 mammals as required by paragraph (a), to be re3 viewed at least once every three years. 

4 ‘‘(d) LACK OF QUANTITATIVE INFORMATION.—The 

5 lack of quantitative information shall not be a basis for 

6 a determination under subsection (c) that a species or pop7 ulation stock is not adversely impacted by climate change, 

8 alone or in combination or interaction with other factors, 

9 as described in paragraphs (1) and (2) of subsection (a). 

10 ‘‘(e) ESTIMATION OF POTENTIAL BIOLOGICAL RE11 MOVAL.— 

12 ‘‘(1) The Secretary, in estimating the potential 

13 biological removal level in stock assessments pre14 pared in accordance with section 117, shall take ac15 count of the adverse impacts of climate change in 

16 determining the recovery factor applied to each 

17 stock. 

18 ‘‘(2) The Secretary, in preparing stock assess19 ments in accordance with section 117, shall reexam20 ine the stock definition and geographic range of ma21 rine mammal species and population stocks to iden22 tify climate-related changes in spatial distribution 

23 and stock definition and to identify how such 

24 changes may affect human impacts to the species. 


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1 ‘‘(f) AUTHORITY TO ENTER INTO AGREEMENTS.— 

2 The Secretary shall— 

3 ‘‘(1) periodically review the status of agree4 ments with foreign governments under section 

5 108(a) concerning the management of transbound6 ary marine mammal species and population stocks, 

7 and their prey species, that are or may be affected 

8 by climate change; and 

9 ‘‘(2) through the Secretary of State, initiate the 

10 amendment of any such agreement, or negotiations 

11 for the development of bilateral or multinational 

12 agreements, consistent with the goals and policies of 

13 this section. 

14 ‘‘(g) CONSTRUCTION.—This section shall not be con15 strued to limit or restrict any other responsibility of the 

16 Secretary or of any other person under this Act or any 

17 other statute.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 in the first section of such Act is amended by inserting 

20 after the item relating to section 120 the following: 

‘‘Sec. 121. Conservation of marine mammals adversely affected by climate 

change.’’. 

21 SEC. 802. VESSEL SPEED RESTRICTIONS IN MARINE MAM22 MAL HABITAT. 

23 (a) IN GENERAL.—The Administrator shall, in co24 ordination with the Commandant of the Coast Guard and 


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1 applying the best available scientific information, shall 

2 designate areas of importance to marine mammals and es3 tablish for each such area a seasonal or year-round man4 datory vessel speed limit of 10 knots or less for all vessels 

5 greater than or equal to 49 feet in overall length operating 

6 in such area. 

7 (b) AREAS OF IMPORTANCE.—Areas to be designated 

8 under subsection (a)— 

9 (1) shall include— 

10 (A) the important feeding, breeding, 

11 calving, rearing, or migratory habitat for stra12 tegic stocks of marine mammals, including all 

13 areas designated as critical habitat for any ma14 rine mammal under section 4 of the Endan15 gered Species Act of 1973 (16 U.S.C. 1533); 

16 and 

17 (B) areas of high marine mammal mor18 tality, injury, or harassment, including the dis19 ruption of vocalization patterns and masking of 

20 biologically important sounds, caused by vessel 

21 ship strikes or underwater vessel noise; and 

22 (2) may include— 

23 (A) any area designated as a National Ma24 rine Sanctuary, National Marine Monument, 

25 National Park, or National Wildlife Refuge; and 


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1 (B) areas of high marine mammal primary 

2 productivity with year-round or seasonal aggre3 gations of marine mammals to which this sec4 tion applies. 

5 (c) DEADLINE FOR REGULATIONS.—Not later than 

6 24 months after the date of enactment of this Act, the 

7 Administrator shall designate such areas and issue such 

8 regulations as are necessary to carry out this section and 

9 to designate areas of importance pursuant to this section, 

10 consistent with notice and comment requirements under 

11 chapter 5 of title 5, United States Code. 

12 (d) MODIFYING OR DESIGNATING NEW AREAS OF

13 IMPORTANCE.— 

14 (1) The Administrator shall issue regulations to 

15 modify or designate the areas of importance under 

16 this section within 180 days after the issuance of 

17 regulations to establish or to modify critical habitat 

18 for strategic stocks of marine mammals pursuant to 

19 the Endangered Species Act of 1973 (16 U.S.C. 

20 1531 et seq.). 

21 (2) The Administrator shall reexamine the 

22 areas of importance designated under this section 

23 every five years following the initial issuance of the 

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1 tion of areas of importance, and shall publish any 

2 revisions in the Federal Register after notice and op3 portunity for public comment. 

4 (3) Within 90 days after receiving the petition 

5 of an interested person under 553(e) of title 5, 

6 United States Code, to designate, modify, or add an 

7 area of importance under this section, the Adminis8 trator shall make a finding as to whether the peti9 tion presents substantial scientific information indi10 cating that the petitioned action may be warranted. 

11 The Administrator shall promptly publish such find12 ing in the Federal Register for comment. Within 

13 180 days after the close of comments, the Adminis14 trator shall publish in the Federal Register a finding 

15 of whether the petitioned action is warranted and, if 

16 the Administrator determines that the petitioned ac17 tion is warranted, shall publish draft regulations 

18 designating the area of importance and any relevant 

19 technical control operations pursuant to subsection 

20 (j). Within 180 days after the close of comments on 

21 the draft regulations, the Administrator shall issue 

22 final regulations designating the area of importance 

23 and any relevant technical control operations pursu24 ant to subsection (j). 


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1 (e) EXCEPTIONS FOR SAFE MANEUVERING AND

2 USING AUTHORIZED TECHNOLOGY.— 

3 (1) The restriction established under subsection 

4 (a) shall not apply to a vessel operating at a speed 

5 necessary to maintain safe maneuvering speed if 

6 such speed is justified because the vessel is in an 

7 area where oceanographic, hydrographic, or meteoro8 logical conditions severely restrict the maneuver9 ability of the vessel and the need to operate at such 

10 speed is confirmed by the pilot on board or, when a 

11 vessel is not carrying a pilot, the master of the ves12 sel. If a deviation from the applicable speed limit is 

13 necessary pursuant to this subsection, the reasons 

14 for the deviation, the speed at which the vessel is op15 erated, the latitude and longitude of the area, and 

16 the time and duration of such deviation shall be en17 tered into the logbook of the vessel. The master of 

18 the vessel shall attest to the accuracy of the logbook 

19 entry by signing and dating it. 

20 (2)(A) The speed limit established under sub21 section (a) shall not apply to a vessel operating 

22 using technology authorized by regulations issued by 

23 the Administrator under subparagraph (B). 

24 (B) The Administrator may issue regulations 

25 authorizing a vessel to operate using technology 


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1 specified by the Administrator under this subpara2 graph if the Administrator determines that such op3 eration is at least as effective as the speed limit 

4 under subsection (a) in reducing mortality and in5 jury to marine mammals and the disturbance of ma6 rine mammal habitat. 

7 (f) APPLICABILITY.—The speed restriction estab8 lished under subsection (a)— 

9 (1) shall apply to all vessels subject to the juris10 diction of the United States, and all other vessels 

11 entering or departing a port or place subject to the 

12 jurisdiction of the United States; and 

13 (2) shall not apply to— 

14 (A) United States vessels engaged in mili15 tary readiness activities; or 

16 (B) law enforcement vessels of the Federal 

17 Government, when engaged in law enforcement 

18 or search and rescue duties. 

19 (g) AUTOMATIC IDENTIFICATION SYSTEMS.—Section 

20 70114(a) of title 46, United States Code, is amended to 

21 read as follows: 

22 ‘‘(1) Subject to paragraph (2), the following 

23 vessels, while operating on the navigable waters of 

24 the United States, in the United States exclusive 

25 economic zone, and on the high seas, shall be 


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1 equipped with and operate an automatic identifica2 tion system under regulations prescribed by the Sec3 retary: 

4 ‘‘(A) A self-propelled commercial vessel of 

5 at least 49 feet overall in length. 

6 ‘‘(B) A vessel carrying more than a num7 ber of passengers for hire determined by the 

8 Secretary. 

9 ‘‘(C) A towing vessel of more than 26 feet 

10 overall in length and 600 horsepower. 

11 ‘‘(D) Any other vessel for which the Sec12 retary decides that an automatic identification 

13 system is necessary for the safe navigation of 

14 the vessel.’’. 

15 (h) ADJUDICATIVE ENFORCEMENT PROCESS.— 

16 (1) IN GENERAL.—It is unlawful for any vessel 

17 identified in subsection (f)(1) to violate the speed re18 striction established in subsection (a). 

19 (2) REGULATIONS REQUIRED.—Not later than 

20 24 months after the date enactment of this Act, the 

21 Administrator shall issue such regulations as are 

22 necessary to create a process for investigating and 

23 adjudicating violations of paragraph (1). 

24 (3) FILING OF COMPLAINT.—Any entity may 

25 file a complaint regarding a violation of this section 


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1 in a manner determined appropriate by the Adminis2 trator, upon which the Administrator shall initiate 

3 an investigation. 

4 (4) STATUTORY CONSTRUCTION.—Nothing in 

5 this Act shall be construed as modifying, limiting, or 

6 superseding enforcement processes established under 

7 the Endangered Species Act of 1973 (16 U.S.C. 

8 1531 et seq.) or the Marine Mammal Protection Act 

9 of 1972 (16 U.S.C. 1361 et seq.). 

10 (i) PENALTIES.—Any person found to have violated 

11 this section shall be held liable for their actions. A finding 

12 of willful violation or a finding of reckless disregard for 

13 restrictions implemented pursuant to this section may 

14 warrant civil penalties— 

15 (1) including fines up to and including the stat16 utory maximum civil penalties and criminal fines 

17 identified under the Endangered Species Act of 

18 1973 (16 U.S.C. 1531 et seq.) and the Marine 

19 Mammal Protection Act of 1972 (16 U.S.C. 1361 et 

20 seq.); and 

21 (2) in the case of a vessel subject to the juris22 diction of the United States, may include— 

23 (A) suspension or rescission of vessel oper24 ation license; 


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1 (B) suspension or revocation of fishing 

2 permits; and 

3 (C) revocation of incidental take permits. 

4 (j) TECHNICAL CONTROL OPERATIONS.—In carrying 

5 out this section, the Administrator, in consultation with 

6 the Secretary of Homeland Security, Secretary of Defense, 

7 Secretary of Transportation, and Secretary of the Interior, 

8 may implement technical control operations to complement 

9 vessel speed reductions’ goal of reduced risk to vulnerable 

10 marine species. Such operations which may include— 

11 (1) temporary, seasonal, or dynamic area clo12 sures; 

13 (2) gear restrictions or modification require14 ments; 

15 (3) limitations on volume of vessel traffic; and 

16 (4) the establishment of additional size-specific 

17 speed limits beyond the limit in subsection (a). 

18 (k) STATUTORY CONSTRUCTION.— 

19 (1) Nothing in this section shall be interpreted 

20 or implemented in a manner that— 

21 (A) subject to paragraph (2), preempts or 

22 modifies any obligation of any person subject to 

23 the provisions of this title to act in accordance 

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1 sion of this title, and then only to the extent of 

2 the inconsistency; 

3 (B) affects or modifies any obligation 

4 under Federal law; or 

5 (C) preempts or supersedes the Final Rule 

6 To Implement Speed Restrictions to Reduce the 

7 Threat of Ship Collisions With North Atlantic 

8 Right Whales, codified at section 224.105 of 

9 title 50, Code of Federal Regulations, except 

10 for actions that are more protective than the 

11 Final Rule and further reduce the risk of take 

12 to North Atlantic right whales. 

13 (2) The Administrator may determine whether 

14 inconsistencies referred to in paragraph (1)(A) exist, 

15 but may not determine that any State law is incon16 sistent with any provision of this title if the Admin17 istrator determines that such law gives greater pro18 tection to covered marine species and their habitat. 

19 SEC. 803. MONITORING OCEAN NOISE FOR MARINE MAM20 MAL HEALTH. 

21 (a) IN GENERAL.—The Administrator shall maintain 

22 and expand an Ocean Noise Reference Station Network, 

23 utilizing and coordinating with the Integrated Ocean Ob24 serving System to— 


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1 (1) provide grants to expand the deployment of 

2 Federal and non-Federal observation systems capa3 ble of collecting measurements of underwater sound 

4 in high-priority ocean and coastal locations for pur5 poses of monitoring and analyzing baselines and 

6 trends in the underwater soundscape to protect and 

7 manage marine life; 

8 (2) continue to develop and apply standardized 

9 forms of measurements to assess sounds produced 

10 by marine animals, physical processes, and anthro11 pogenic activities; and 

12 (3) coordinate and make accessible to the public 

13 the datasets, modeling and analysis, and user-driven 

14 products and tools, resulting from observations of 

15 underwater sound funded through grants authorized 

16 by this section. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to the Administrator to sup19 port integrated ocean observations activities carried out 

20 under this section, $1,000,000 for each of fiscal years 

21 2021 through 2025. 


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1 SEC. 804. GRANTS FOR SEAPORTS TO ESTABLISH PRO2 GRAMS TO REDUCE THE IMPACTS OF VESSEL 

3 TRAFFIC AND PORT OPERATIONS ON MARINE 

4 MAMMALS. 

5 (a) IN GENERAL.—The Administrator shall, within 

6 6 months of the date of enactment of this Act, establish 

7 a grant program to provide assistance to up to ten sea8 ports to develop and implement mitigation measures that 

9 will lead to a quantifiable reduction in threats to marine 

10 mammals from shipping activities and port operations. 

11 (b) ELIGIBLE USES.—Grants provided under this 

12 section may be used to develop and carry out activities 

13 that quantifiably reduce threats and enhance the habitats 

14 of marine mammals by— 

15 (1) reducing underwater noise related to marine 

16 traffic; 

17 (2) reducing ship strike mortality and other 

18 physical disturbances; 

19 (3) enhancing marine mammal habitat, includ20 ing the habitat for prey of marine mammals; or 

21 (4) monitoring underwater noise, vessel inter22 actions with marine mammals, or other types of 

23 monitoring that are consistent with reducing the 

24 threats to and enhancing the habitats of marine 

25 mammals. 


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1 (c) PRIORITY.—The Administrator shall prioritize as2 sistance under this section for projects that— 

3 (1) assist ports with higher relative threat levels 

4 to vulnerable marine mammals from vessel traffic; 

5 (2) project higher levels of— 

6 (A) reduction of noise from vessels; and 

7 (B) reduction of disturbance or ship strike 

8 mortality risk; or 

9 (3) allow eligible entities to conduct risk assess10 ments, and track progress toward threat reduction 

11 and habitat enhancement. 

12 (d) OUTREACH.—The Administrator shall conduct 

13 outreach to seaports to provide information on how to 

14 apply for assistance under this section, the benefits of the 

15 program under this section, and facilitation of best prac16 tices and lessons learned. 

17 (e) ELIGIBLE ENTITIES.—A person shall be eligible 

18 for assistance under this section if the person is— 

19 (1) a port authority for a seaport; 

20 (2) a State, regional, local, or Tribal agency 

21 that has jurisdiction over a maritime port authority 

22 or a seaport; or 

23 (3) a private or government entity, applying for 

24 a grant awarded under this section in collaboration 


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1 with another entity described in paragraph (1) or 

2 (2), that owns or operates a maritime terminal. 

3 (f) REPORT.—The Administrator shall submit annu4 ally to the Committee on Natural Resources of the House 

5 of Representatives, and the Committee on Commerce, 

6 Science, and Transportation of the Senate, a report that 

7 includes the following: 

8 (1) The name and location of each entity receiv9 ing a grant. 

10 (2) Amount of each grant. 

11 (3) The name and location of the seaport in 

12 which the activities took place. 

13 (4) A description of the activities carried out 

14 with the grant funds. 

15 (5) An estimate of the impact of the project to 

16 reduce threats or enhance habitat of marine mam17 mals. 

18 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Administrator for 

20 carrying out this section, $4,000,000 for each of fiscal 

21 years 2021 through 2025, to remain available until ex22 pended. 


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1 TITLE IX—INTERNATIONAL 

2 AGREEMENTS, EFFORTS IN 

3 THE ARCTIC, AND BUREAU OF 

4 INDIAN AFFAIRS TRIBAL RE5 SILIENCE PROGRAM 

6 Subtitle A—International 

7 Agreements 

8 SEC. 901. UNITED NATIONS CONVENTION ON THE LAW OF 

9 THE SEA. 

10 It is the sense of the House of Representatives that— 

11 (1) the United States Senate should give its ad12 vice and consent to the ratification of the United 

13 Nations Convention on the Law of the Sea 

14 (UNCLOS), adopted by the Third United Nations 

15 Conference on the Law of the Sea in December 

16 1982 and entered into force in November 1994, to 

17 establish a treaty regime to govern activities on, 

18 over, and under the world’s oceans; 

19 (2) UNCLOS builds on four 1958 Law of the 

20 Sea conventions to which the United States is a 

21 party, namely— 

22 (A) the Convention on the Territorial Sea 

23 and the Contiguous Zone; 

24 (B) the Convention on the High Seas; 


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1 (C) the Convention on the Continental 

2 Shelf; and 

3 (D) the Convention on Fishing and Con4 servation of the Living Resources of the High 

5 Seas; 

6 (3) UNCLOS and an associated 1994 agree7 ment relating to implementation of the treaty were 

8 transmitted to the Senate on October 6, 1994; 

9 (4) in the absence of advice and consent from 

10 the Senate, the United States is not a party to 

11 UNCLOS nor to the associated 1994 agreement; 

12 (5) becoming a party to UNCLOS would give 

13 the United States standing to participate in discus14 sions relating to the treaty and thereby improve the 

15 ability of the United States to intervene as a full 

16 party in disputes relating to navigational rights and 

17 defend United States interpretations of the treaty’s 

18 provisions, including those relating to the rights of 

19 coastal states to regulate foreign military activities 

20 in their exclusive economic zones; 

21 (6) becoming a party to the treaty would im22 prove the ability of the United States to achieve the 

23 environmental, social, and economic purposes of sup24 porting the implementation and enforcement of 

25 international fisheries agreements and the protection 


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1 of highly migratory species under the Magnuson Ste2 vens Act, the Shark Conservation Act, and the High 

3 Seas Driftnet Fishing Moratorium Protection Act; 

4 and 

5 (7) relying on customary international norms to 

6 defend United States interests or relying on other 

7 countries to assert claims on behalf of the United 

8 States at the Hague Convention is insufficient to de9 fend and uphold United States sovereign rights and 

10 interests under UNCLOS. 

11 Subtitle B—Efforts in the Arctic 

12 SEC. 911. REINSTATEMENT OF EXECUTIVE ORDER 13754; 

13 NORTHERN BERING SEA CLIMATE RESIL14 IENCE AREA. 

15 Beginning on the date of the enactment of this Act— 

16 (1) section 4(c) of Executive Order 13795 of 

17 April 28, 2017, shall have no force or effect; and 

18 (2) Executive Order 13754 of December 9, 

19 2016 (relating to Northern Bering Sea Climate Re20 silience), shall have the force and effect of law. 

21 SEC. 912. PLAN FOR THE UNITED STATES TO CUT BLACK 

22 CARBON EMISSIONS TO 33 PERCENT BELOW 

23 2013 LEVELS BY 2025. 

24 (a) FINDINGS.—Congress finds that— 


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1 (1) black carbon is a highly potent greenhouse 

2 gas that is likely responsible for about a quarter of 

3 the warming the Arctic has experienced over the last 

4 century; 

5 (2) black carbon particles have a short lifecycle 

6 in the atmosphere but trap heat far more powerfully 

7 than carbon dioxide; and 

8 (3) when black carbon falls on land and sea ice, 

9 it darkens surfaces and thus absorbs more heat, 

10 causing ice to melt at a faster rate. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that the United States should honor its commitment 

13 to the Arctic Council to cut black carbon emissions by 

14 2025 to a level that is between 25 and 33 percent below 

15 the levels emitted by the United States in 2013. 

16 (c) IN GENERAL.—Not later than 180 days after the 

17 date of the enactment of this Act, the Secretary of State, 

18 in consultation with the Secretary of Transportation, the 

19 Administrator, and the Administrator of the Environ20 mental Protection Agency, shall submit to the appropriate 

21 congressional committees and make available to the public 

22 a plan for the United States to cut black carbon emissions 

23 by 2025 to a level that is between 25 and 33 percent below 

24 the levels emitted by the United States in 2013 that de25 scribes— 


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1 (1) the measures the Federal Government will 

2 take to achieve such targeted emissions level; and 

3 (2) how the United States may use multilateral 

4 and bilateral diplomatic tools to encourage and as5 sist other member countries of the Arctic Council to 

6 fulfill the goals announced in 2017. 

7 (d) UPDATES TO PLAN.—Not later than 1 year after 

8 the date of the enactment of this Act, and annually there9 after, the Secretary of State, in consultation with the Sec10 retary of Transportation, the Administrator, and the Ad11 ministrator of the Environmental Protection Agency, shall 

12 submit to the appropriate congressional committees and 

13 make available to the public a report on the progress made 

14 toward implementing the plan submitted pursuant to sub15 section (c). 

16 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE17 FINED.—In this section, the term ‘‘appropriate congres18 sional committees’’ means— 

19 (1) the Committee on Foreign Affairs, the 

20 Committee on Natural Resources, and the Com21 mittee on Energy and Commerce of the House of 

22 Representatives; and 

23 (2) the Committee on Foreign Relations, the 

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1 ronment and Public Works, and the Committee on 

2 Energy and Natural Resources of the Senate. 

3 (f) PUBLIC COMMENT.—The Secretary of State 

4 shall— 

5 (1) before submitting such plan and report to 

6 the appropriate congressional committees— 

7 (A) publish the plan and the report in the 

8 Federal Register; and 

9 (B) provide a period of at least 90 days for 

10 public comment on each of the plan and the re11 port; and 

12 (2) after each such period for public comment, 

13 continue to make the proposed plan and report, as 

14 well as the comments received, available to the pub15 lic on regulations.gov (or any successor website). 

16 Subtitle C—Bureau of Indian 

17 Affairs Tribal Resilience Program 

18 SEC. 921. BUREAU OF INDIAN AFFAIRS TRIBAL RESILIENCE 

19 PROGRAM. 

20 (a) ESTABLISHMENT.—The Secretary of the Interior 

21 (hereafter in this subtitle referred to as the ‘‘Secretary’’) 

22 shall establish a program— 

23 (1) to improve the resilience of Indian Tribes to 

24 the effects of a changing climate; 


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1 (2) to support Native American leaders in 

2 building strong communities that are resilient to cli3 mate change; 

4 (3) to ensure agency effectiveness in fulfilling 

5 Federal Indian trust responsibilities in the face of 

6 climate change; and 

7 (4) to ensure the development of modern, cost8 effective infrastructure in Tribal communities. 

9 (b) GRANTS.— 

10 (1) AUTHORITY.—As part of the program es11 tablished under subsection (a), the Secretary shall to 

12 the extent funds are made available through Acts of 

13 appropriation make multiyear grants to Indian 

14 Tribes for eligible activities described in this para15 graph (2). 

16 (2) ELIGIBLE ACTIVITIES.—Grants under this 

17 subsection may be used for the following in Indian 

18 communities and on Indian land: 

19 (A) Development and delivery of adapta20 tion training. 

21 (B) Adaptation planning, vulnerability as22 sessments, emergency preparedness planning, 

23 and monitoring. 


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1 (C) Capacity building through travel sup2 port for training, technical sessions, and cooper3 ative management forums. 

4 (D) Travel support for participation in 

5 ocean and coastal planning. 

6 (E) Development of science-based informa7 tion and tools to enable adaptive resource man8 agement and the ability to plan for resilience. 

9 (F) Relocation of villages or other commu10 nities experiencing or susceptible to coastal or 

11 river erosion and flooding. 

12 (G) Construction of infrastructure to sup13 port emergency evacuations related to climate 

14 change. 

15 (H) Restoration of ecosystems and con16 struction of natural and nature-based features 

17 to address risks from coastal and riverine flood18 ing and erosion. 

19 (I) Restoration, relocation, repair of infra20 structure damaged by melting permafrost or 

21 coastal or river erosion and flooding. 

22 (J) Installation and management of energy 

23 systems that reduce energy costs and green24 house gas emissions compared to the energy 


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1 systems in use before that installation and man2 agement. 

3 (K) Construction and maintenance of so4 cial or cultural infrastructure that supports re5 silience. 

6 (3) APPLICATIONS.—An Indian Tribe desiring a 

7 grant under this subsection shall submit to the Sec8 retary an application at such time, in such manner, 

9 and containing such information as the Secretary 

10 may require, including a description of the eligible 

11 activities to be undertaken using the grant. 

12 (c) INTERAGENCY COOPERATION.—The Secretary, 

13 the Secretary of Commerce, and the Administrator of the 

14 Environmental Protection Agency shall establish under 

15 the White House Council on Native American Affairs an 

16 interagency subgroup on Tribal resilience, which shall— 

17 (1) work with Indian Tribes to collect and share 

18 data and information, including traditional ecological 

19 knowledge, about how the effects of a changing cli20 mate are relevant to Indian Tribes; and 

21 (2) identify opportunities for the Federal Gov22 ernment to improve collaboration and assist with ad23 aptation and mitigation efforts that promote resil24 ience. 


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1 (d) TRIBAL RESILIENCE LIAISON.—The Secretary 

2 shall establish a Tribal resilience liaison— 

3 (1) to coordinate with Indian Tribes and rel4 evant Federal agencies regarding the program under 

5 this section, grant opportunities related to the pro6 gram, climate adaptation, and climate resilience 

7 planning; and 

8 (2) to help ensure Tribal engagement in climate 

9 conversations at the Federal level. 

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section, 

12 $200,000,000 for each of fiscal years 2021 through 2025. 

13 TITLE X—COASTAL RESILIENCY 

14 AND ADAPTATION 

15 SEC. 1001. LIVING SHORELINE GRANT PROGRAM. 

16 (a) ESTABLISHMENT.—The Administrator shall 

17 make grants to eligible entities for purposes of— 

18 (1) designing and implementing large- and 

19 small-scale, climate-resilient living shoreline projects; 

20 and 

21 (2) applying innovative uses of natural mate22 rials and systems to protect coastal communities, 

23 habitats, and natural system functions. 

24 (b) PROJECT PROPOSALS.—To be eligible to receive 

25 a grant under this section, an eligible entity shall— 


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1 (1) submit to the Administrator a proposal for 

2 a living shoreline project, including monitoring, data 

3 collection, and measurable performance criteria with 

4 respect to the project; 

5 (2) demonstrate to the Administrator that the 

6 entity has any permits or other authorizations from 

7 local, State, and Federal Government agencies nec8 essary to carry out the living shoreline project or 

9 provide evidence demonstrating general support from 

10 such agencies; and 

11 (3) include an engagement or education compo12 nent that seeks and solicits feedback from the local 

13 or regional community most directly affected by the 

14 proposal. 

15 (c) PROJECT SELECTION.— 

16 (1) DEVELOPMENT OF CRITERIA.—The Admin17 istrator shall select eligible entities to receive grants 

18 under this section based on criteria developed by the 

19 Administrator, in consultation with relevant offices 

20 of the National Oceanic and Atmospheric Adminis21 tration, such as the Office of Habitat Conservation, 

22 the Office for Coastal Management, and the Res23 toration Center. 

24 (2) CONSIDERATIONS.—In developing criteria 

25 under paragraph (1) to evaluate a proposed living 


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1 shoreline project, the Administrator shall take into 

2 account— 

3 (A) the potential of the project to protect 

4 the community and maintain the viability of the 

5 environment, such as through protection of eco6 system functions, environmental benefits, or 

7 habitat types, in the area where the project is 

8 to be carried out; 

9 (B) the historic and future environmental 

10 conditions of the project site, particularly those 

11 environmental conditions affected by climate 

12 change; 

13 (C) the net ecological benefits of the 

14 project including the potential of the project to 

15 contribute to carbon sequestration; 

16 (D) the ability of the entity proposing the 

17 project to demonstrate the potential of the 

18 project to protect the coastal community where 

19 the project is to be carried out, including 

20 through— 

21 (i) mitigating the effects of erosion; 

22 (ii) attenuating the impact of coastal 

23 storms and storm surge; 

24 (iii) mitigating shoreline flooding; 


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1 (iv) mitigating the effects of sea level 

2 rise, accelerated land loss, and extreme 

3 tides; 

4 (v) sustaining, protecting, or restoring 

5 the functions and habitats of coastal eco6 systems; 

7 (vi) protecting important cultural sites 

8 or values; or 

9 (vii) such other forms of coastal pro10 tection as the Administrator considers ap11 propriate; and 

12 (E) the potential of the project to support 

13 resiliency at a military installation or commu14 nity infrastructure supportive of a military in15 stallation (as such terms are defined in section 

16 2391 of title 10, United States Code). 

17 (3) PRIORITY.—In selecting living shoreline 

18 projects to receive grants under this section, the Ad19 ministrator shall give priority consideration to a pro20 posed project to be conducted in an area— 

21 (A) for which the President has declared, 

22 during the 10-year period preceding the submis23 sion of the proposal for the project under sub24 section (b), that a major disaster exists pursu25 ant to section 401 of the Robert T. Stafford 


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1 Disaster Relief and Emergency Assistance Act 

2 (42 U.S.C. 5170) because of a hurricane, trop3 ical storm, coastal storm, or flooding; 

4 (B) that has a documented history of 

5 coastal erosion or frequent coastal inundation 

6 during that 10-year period; or 

7 (C) that includes communities that may 

8 not have adequate resources to prepare for or 

9 respond to coastal hazards, including low in10 come communities, communities of color, Tribal 

11 communities, Indigenous communities, and 

12 rural communities. 

13 (4) MINIMUM STANDARDS.— 

14 (A) IN GENERAL.—The Administrator 

15 shall develop minimum standards to be used in 

16 selecting eligible entities to receive grants under 

17 this section, taking into account— 

18 (i) the considerations described in 

19 paragraph (2); 

20 (ii) the need for such standards to be 

21 general enough to accommodate concerns 

22 relating to specific project sites; and 

23 (iii) the consideration of an estab24 lished eligible entity program with systems 


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1 to disburse funding from a single grant to 

2 support multiple small-scale projects. 

3 (B) CONSULTATIONS.—In developing 

4 standards under subparagraph (A), the Admin5 istrator— 

6 (i) shall consult with relevant offices 

7 of the National Oceanic and Atmospheric 

8 Administration, such as the Office of Habi9 tat Conservation, the Office for Coastal 

10 Management, and the Restoration Center; 

11 and 

12 (ii) may consult with— 

13 (I) relevant interagency councils, 

14 such as the Estuary Habitat Restora15 tion Council; 

16 (II) Tribes and Tribal organiza17 tions; 

18 (III) State coastal management 

19 agencies; and 

20 (IV) relevant nongovernmental 

21 organizations. 

22 (d) USE OF FUNDS.—A grant awarded under this 

23 section to an eligible entity to carry out a living shoreline 

24 project may be used by the eligible entity only— 


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1 (1) to carry out the project, including adminis2 tration, design, permitting, entry into negotiated in3 direct cost rate agreements, and construction; 

4 (2) to monitor, collect, and report data on the 

5 performance (including performance over time) of 

6 the project, in accordance with standards issued by 

7 the Administrator under subsection (f)(2); or 

8 (3) to incentivize landowners to engage in living 

9 shoreline projects. 

10 (e) COST-SHARING.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), an eligible entity that receives a grant 

13 under this section to carry out a living shoreline 

14 project shall provide, from non-Federal sources, 

15 funds or other resources (such as land or conserva16 tion easements or in-kind matching from private en17 tities) valued at not less than 50 percent of the total 

18 cost, including administrative costs, of the project. 

19 (2) REDUCED MATCHING REQUIREMENT FOR

20 CERTAIN COMMUNITIES.—The Administrator may 

21 reduce or waive the matching requirement under 

22 paragraph (1) for an eligible entity representing a 

23 community or nonprofit organization if— 

24 (A) the eligible entity submits to the Ad25 ministrator in writing— 


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1 (i) a request for such a reduction and 

2 the amount of the reduction; and 

3 (ii) a justification for why the entity 

4 cannot meet the matching requirement; 

5 and 

6 (B) the Administrator agrees with the jus7 tification. 

8 (f) MONITORING AND REPORTING.— 

9 (1) IN GENERAL.—The Administrator shall re10 quire each eligible entity receiving a grant under this 

11 section (or a representative of the entity) to carry 

12 out a living shoreline project— 

13 (A) to transmit to the Administrator data 

14 collected under the project; 

15 (B) to monitor the project and to collect 

16 data on— 

17 (i) the ecological and economic bene18 fits of the project and the protection pro19 vided by the project for the coastal com20 munity where the project is carried out, in21 cluding through— 

22 (I) mitigating the effects of ero23 sion; 

24 (II) attenuating the impact of 

25 coastal storms and storm surge; 


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1 (III) mitigating shoreline flood2 ing; 

3 (IV) mitigating the effects of sea 

4 level rise, accelerated land loss, and 

5 extreme tides; 

6 (V) sustaining, protecting, or re7 storing the functions and habitats of 

8 coastal ecosystems; or 

9 (VI) such other forms of coastal 

10 protection as the Administrator con11 siders appropriate; and 

12 (ii) the performance of the project in 

13 providing such protection; 

14 (C) to make data collected under the 

15 project available on a publicly accessible inter16 net website of the National Oceanic and Atmos17 pheric Administration; and 

18 (D) not later than 1 year after the entity 

19 receives the grant, and annually thereafter until 

20 the completion of the project, to submit to the 

21 Administrator a report on— 

22 (i) the measures described in subpara23 graph (B); and 

24 (ii) the effectiveness of the project in 

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1 munity where the project is carried out 

2 through living shorelines techniques, in3 cluding— 

4 (I) a description of— 

5 (aa) the project; 

6 (bb) the activities carried 

7 out under the project; and 

8 (cc) the techniques and ma9 terials used in carrying out the 

10 project; and 

11 (II) data on the performance of 

12 the project in providing protection to 

13 that coastal community. 

14 (2) GUIDELINES.—In developing guidelines re15 lating to paragraph (1)(C), the Administrator shall 

16 consider how additional data could safely be col17 lected before and after major disasters or severe 

18 weather events to measure project performance and 

19 project recovery. 

20 (3) STANDARDS.— 

21 (A) IN GENERAL.—Not later than 90 days 

22 after the date of the enactment of this Act, the 

23 Administrator shall, in consultation with rel24 evant offices of the National Oceanic and At25 mospheric Administration, relevant interagency 


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1 councils, and relevant nongovernmental organi2 zations, issue standards for the monitoring, col3 lection, and reporting under subsection (d)(2) 

4 of data regarding the performance of living 

5 shoreline projects for which grants are awarded 

6 under this section. 

7 (B) REPORTING.—The standards issued 

8 under subparagraph (A) shall require an eligi9 ble entity receiving a grant under this section 

10 to report the data described in that subpara11 graph to the Administrator on a regular basis. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Administrator 

14 $50,000,000 for each of fiscal years 2021 through 2025 

15 for purposes of carrying out this section. 

16 (h) MINIMUM REQUIRED FUNDS FOR SHORELINE

17 PROJECTS LOCATED WITHIN THE GREAT LAKES.—The 

18 Secretary shall use not less than 10 percent of the funds 

19 awarded under this section for grants to projects located 

20 in the Great Lakes. 

21 (i) DEFINITIONS.—In this section: 

22 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti23 ty’’ means any of the following: 

24 (A) A unit of a State or local government. 


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1 (B) An organization described in section 

2 501(c)(3) of the Internal Revenue Code of 1986 

3 that is exempt from taxation under section 

4 501(a) of such Code. 

5 (C) An Indian Tribe (as defined in section 

6 4 of the Indian Self-Determination and Edu7 cation Assistance Act (25 U.S.C. 5304)). 

8 (2) LIVING SHORELINE PROJECT.—The term 

9 ‘‘living shoreline project’’— 

10 (A) means a project that— 

11 (i) restores or stabilizes a shoreline, 

12 including marshes, wetlands, and other 

13 vegetated areas that are part of the shore14 line ecosystem, by using natural materials 

15 and systems to create buffers to attenuate 

16 the impact of coastal storms, currents, 

17 flooding, and wave energy and to prevent 

18 or minimize shoreline erosion while pro19 viding a net ecological benefit to eco20 systems and habitats; 

21 (ii) incorporates as many natural ele22 ments as possible, such as native wetlands, 

23 kelp forests, submerged aquatic plants, 

24 corals, oyster shells, native grasses, shrubs, 

25 or trees; 


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1 (iii) utilizes techniques that incor2 porate ecological and coastal engineering 

3 principles in shoreline stabilization; and 

4 (iv) to the extent possible, maintains 

5 or restores existing natural slopes and con6 nections between uplands and adjacent 

7 wetlands or surface waters; 

8 (B) may include the use of— 

9 (i) natural elements, such as sand, 

10 wetland plants, logs, oysters or other shell11 fish, submerged aquatic vegetation, corals, 

12 native grasses, shrubs, trees, or coir fiber 

13 logs; 

14 (ii) project elements that provide eco15 logical benefits to coastal ecosystems and 

16 habitats in addition to shoreline protection; 

17 and 

18 (iii) structural materials, such as 

19 stone, concrete, wood, vinyl, oyster domes, 

20 or other approved engineered structures in 

21 combination with natural materials; and 

22 (C) may include a project that expands 

23 upon or restores natural living shorelines or ex24 isting living shoreline projects. 


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1 (3) STATE.—The term ‘‘State’’ means each of 

2 the several States, the District of Columbia, the 

3 Commonwealth of Puerto Rico, the United States 

4 Virgin Islands, Guam, American Samoa, and the 

5 Commonwealth of the Northern Mariana Islands. 

6 SEC. 1002. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN7 ISTRATION RESEARCH PROGRAMS. 

8 (a) COASTAL SCIENCE AND ASSESSMENT: COMPETI9 TIVE EXTERNAL RESEARCH.— 

10 (1) IN GENERAL.—The Administrator shall 

11 carry out an extramural competitively awarded 

12 grants program (referred to in this section as the 

13 ‘‘Program’’) focused on interdisciplinary coastal re14 silience and sustainability in accordance with sub15 section (b). 

16 (2) OBJECTIVE.—The objective of the Program 

17 shall be to develop scalable, best practices— 

18 (A) to prepare more resilient, sustainable 

19 coastal communities; and 

20 (B) to reduce disaster recovery costs. 

21 (3) COLLABORATION.—The Secretary shall con22 duct the Program in collaboration with business and 

23 industry, government agencies, academic institu24 tions, and coastal community stakeholders. 


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1 (4) ELIGIBILITY.—To be eligible for a grant 

2 under the Program, an applicant must be an institu3 tion of higher education, nonprofit organization, 

4 State, local, or Tribal government, for-profit organi5 zation, United States territory, or Federal agency 

6 that has statutory authority to receive transfers of 

7 funds. 

8 (b) COASTAL RESILIENCE RESEARCH COMPETITIVE

9 GRANTS.— 

10 (1) IN GENERAL.—The Administrator shall es11 tablish an annual competitive grants program that 

12 gives priority to coastal resilience research projects 

13 that focus on— 

14 (A) protecting life and critical infrastruc15 ture; 

16 (B) developing decision-support tools use17 ful to coastal communities; 

18 (C) determining societal, ecological, and re19 siliency benefits of coastal restoration and nat20 ural, nature-based, and man-made infrastruc21 ture, and how these benefits affect the sustain22 ability of coastal ecosystems; 

23 (D) volunteer and community-science mon24 itoring of coastal and marine resources as part 


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1 of efforts to protect coastal communities from 

2 sea level rise; 

3 (E) monitoring and developing ecosystem4 based approaches to managing coastal eco5 systems to promote sustainability; 

6 (F) assessing and enhancing the capacity 

7 of human communities to adapt to coastal nat8 ural disasters; 

9 (G) assessing coastal vulnerability and 

10 risk; 

11 (H) evaluating adaptation and restoration 

12 approaches to reduce risk, including through 

13 the use of natural, nature-based, and man-made 

14 features; 

15 (I) minimizing costs associated with dam16 ages incurred from natural disasters, flooding, 

17 and sea level rise; and 

18 (J) developing curriculum for new pro19 grams in coastal restoration at public commu20 nity colleges and within college Sea Grant pro21 grams to train the new coastal restoration 

22 workforce. 

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1 frastructure, the destruction or damaging of which 

2 would have a debilitating impact on national security 

3 or economic security, undermine community resil4 iency and adaptation, or threaten public health or 

5 safety. 

6 (3) NATURAL AND NATURE-BASED FEA7 TURES.—The term ‘‘natural’’ or ‘‘nature-based fea8 tures’’ means coastal wetlands, beaches, dunes, 

9 marshes, mangrove forests, municipal green infra10 structure, and living shorelines. 

11 (c) DONATIONS.—The Administrator may accept and 

12 use donations of funds to implement this section. 

13 SEC. 1003. GRANTS FOR RECOVERING OYSTERS. 

14 (a) ESTABLISHMENT.—The Administrator shall es15 tablish a grant program (in this section referred to as the 

16 ‘‘Program’’) under which the Administrator shall award 

17 grants to eligible entities for the purpose of conducting 

18 research on the conservation, restoration, or management 

19 of oysters in estuarine ecosystems. 

20 (b) APPLICATION.—To be eligible to receive a grant 

21 under this section, an eligible entity shall submit to the 

22 Administrator an application at such time, in such man23 ner, and containing such information as the Administrator 

24 may require. 

25 (c) ALLOCATION OF GRANT FUNDS.— 


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1 (1) IN GENERAL.—The Administrator shall 

2 award a grant under the Program to eligible entities 

3 that submit an application under subsection (b). 

4 (2) MATCHING REQUIREMENT.— 

5 (A) IN GENERAL.—Except as provided in 

6 subparagraph (B), the total amount of Federal 

7 funding received under the Program by an eligi8 ble entity may not exceed 85 percent of the 

9 total cost of the research project for which the 

10 funding was awarded. For the purposes of this 

11 subparagraph, the non-Federal share of project 

12 costs may be provided by in-kind contributions 

13 and other noncash support. 

14 (B) WAIVER.—The Administrator may 

15 waive all or part of the requirement in subpara16 graph (A) if the Administrator determines that 

17 no reasonable means are available through 

18 which an eligible entity applying for a grant 

19 under this section can meet such requirement 

20 and the probable benefit of such research 

21 project outweighs the public interest in such re22 quirement. 

23 (3) EQUITABLE DISTRIBUTION.—The Adminis24 trator shall ensure, to the maximum extent prac25 ticable, that grant funding under this section is apVerDate Sep 11 2014 19:26 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H8632.IH H8632

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1 portioned according to the historic baseline oyster 

2 population of each estuary of the United States. 

3 (d) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) ACADEMIC COMMUNITY.—The term ‘‘aca6 demic community’’ means faculty, researchers, pro7 fessors, and representatives of State-accredited col8 leges and universities. 

9 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti10 ty’’ means a member of the academic community, 

11 the seafood industry, a relevant nonprofit organiza12 tion, or a relevant State agency, that is proposing or 

13 conducting a research project on the conservation, 

14 restoration, or management of oysters in an estua15 rine ecosystem developed through consultation with 

16 a member of the academic community, a member of 

17 the seafood industry, a relevant nonprofit organiza18 tion, or a relevant State agency. 

19 (3) HISTORIC BASELINE.—The term ‘‘historic 

20 baseline’’ means the estimated population of oysters 

21 in an estuary in 1850. 

22 (4) NONPROFIT ORGANIZATION.—The term 

23 ‘‘nonprofit organization’’ means an organization de24 scribed in section 501(c)(3) of the Internal Revenue 


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1 Code of 1986 and exempt from tax under section 

2 501(a) of such Code. 

3 (5) SEAFOOD INDUSTRY.—The term ‘‘seafood 

4 industry’’ means shellfish growers, shellfish har5 vesters, commercial fishermen, and recreational fish6 ermen. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Administrator 

9 $6,000,000 for each of the fiscal years 2021 through 2025 

10 to carry out this section. 

11 SEC. 1004. IMPROVEMENTS TO THE NATIONAL OCEANS AND 

12 COASTAL SECURITY ACT. 

13 (a) DEFINITION OF TIDAL SHORELINE REFINED.— 

14 Section 902 of the National Oceans and Coastal Security 

15 Act (16 U.S.C. 7501) is amended— 

16 (1) by amending paragraph (7) to read as fol17 lows: 

18 ‘‘(7) TIDAL SHORELINE.—The term ‘tidal 

19 shoreline’ means a ‘tidal shoreline’ or a ‘Great Lake 

20 shoreline’ as such terms are used in section 

21 923.110(c)(2)(i) of title 15, Code of Federal Regula22 tions, or a similar successor regulation.’’; and 

23 (2) by adding at the end the following: 

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

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1 tion 4 of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 5304). 

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

4 means the ability of an ocean or coastal ecosystem, 

5 habitat, or other natural resource to absorb, capture, 

6 and contain atmospheric carbon dioxide.’’. 

7 (b) IMPROVEMENTS TO NATIONAL OCEANS AND

8 COASTAL SECURITY FUND.— 

9 (1) ESTABLISHMENT OF FUND REQUIRED.— 

10 Subsection (a) of section 904 of such Act (16 U.S.C. 

11 7503) is amended by inserting ‘‘and jointly manage’’ 

12 after ‘‘establish’’. 

13 (2) DEPOSITS.—Paragraph (1) of subsection 

14 (b) of section 904 is amended to read as follows: 

15 ‘‘(1) IN GENERAL.—There shall be deposited 

16 into the Fund, which shall constitute the assets of 

17 the Fund, amounts as follows: 

18 ‘‘(A) Amounts transferred to the Fund 

19 under section 908. 

20 ‘‘(B) Such other amounts as may be ap21 propriated or otherwise made available to carry 

22 out this Act.’’. 

23 (3) EXPENDITURES.—Section 904 of such Act 

24 (16 U.S.C. 7503) is amended by striking subsection 

25 (d) and inserting the following: 


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1 ‘‘(d) EXPENDITURE.— 

2 ‘‘(1) Of the amounts deposited into the Fund 

3 for each fiscal year, if those funds are equal to or 

4 greater than $100,000,000— 

5 ‘‘(A) not more than 80 percent may be 

6 used for the award of grants under subsection 

7 (b) of section 906; 

8 ‘‘(B) not more than 20 percent may be 

9 used for the award of grants under subsection 

10 (c) of such section; and 

11 ‘‘(C) not more than 4 percent may be used 

12 by the Administrator and the National Fish 

13 and Wildlife Foundation (Foundation) for ad14 ministrative expenses to carry out this chapter, 

15 which amount shall be divided between the Ad16 ministrator and the Foundation pursuant to an 

17 agreement reached and documented by both the 

18 Administrator and the Foundation. 

19 ‘‘(2) Of the amounts deposited into the Fund 

20 for each fiscal year, if those funds are less than 

21 $100,000,000, all funds shall be used for the award 

22 of grants under subsection (c) of section 906 and no 

23 more than 4 percent may be used by the Adminis24 trator and the Foundation for administrative ex25 penses to carry out this chapter, which amount shall 


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1 be divided between the Administrator and the Foun2 dation pursuant to an agreement reached and docu3 mented by both the Administrator and the Founda4 tion.’’. 

5 (c) ELIGIBLE USES OF THE FUND.—Section 905 of 

6 such Act (16 U.S.C. 7504) is amended to read as follows: 

7 ‘‘SEC. 905. ELIGIBLE USES. 

8 ‘‘(a) IN GENERAL.—Amounts in the Fund may be 

9 allocated by the Administrator and the Foundation to sup10 port programs and activities intended to protect, conserve, 

11 restore, better understand, and utilize ocean and coastal 

12 resources and coastal infrastructure, including scientific 

13 research, resiliency and spatial planning, data-sharing, 

14 and other programs and activities carried out in coordina15 tion with Federal and State departments or agencies, in16 cluding the following: 

17 ‘‘(1) Ocean, coastal, and Great Lakes restora18 tion and protection, including efforts to address po19 tential impacts of sea level change, sedimentation, 

20 erosion, changes in ocean chemistry, hurricanes and 

21 other extreme weather, flooding, and changes in 

22 ocean temperature to natural resources, commu23 nities, and coastal economies. 

24 ‘‘(2) Restoration, protection, or maintenance of 

25 living ocean, coastal, and Great Lakes resources and 


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1 their habitats, including habitats and ecosystems 

2 that provide blue carbon benefits. 

3 ‘‘(3) Planning for and managing coastal devel4 opment to enhance ecosystem and community integ5 rity, or to minimize impacts from sea level change, 

6 hurricanes and other extreme weather, flooding, and 

7 coastal erosion. 

8 ‘‘(4) Projects to address management, planning, 

9 or resiliency and readiness issues which are regional 

10 or interstate in scope, such as regional ocean part11 nerships or similar bodies. 

12 ‘‘(5) Efforts that contribute to the under13 standing of ecological, economic, societal, and na14 tional security threats driven by changes to the 

15 oceans, coasts, and Great Lakes. 

16 ‘‘(6) Efforts to preserve, protect, and collect 

17 data, including but not limited to public ocean and 

18 coastal data portals, that would support sustainable 

19 water-dependent commercial activities including 

20 commercial fishing, recreational fishing businesses, 

21 aquaculture, boat building, or other coastal-related 

22 businesses. 

23 ‘‘(7) Efforts to assist coastal States in repo24 sitioning, relocating or deploying natural or nature25 based features to enhance the resiliency of critical 


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1 coastal transportation, emergency response, water, 

2 electrical, and other infrastructure, that are already 

3 subject to or face increased future risks of hurri4 canes, coastal flooding, coastal erosion, or sea level 

5 change to ensure the economic security, safety, and 

6 ecological well-being of the coasts of the United 

7 States. 

8 ‘‘(8) Acquiring property or interests in property 

9 if— 

10 ‘‘(A) the area is located within a coastal 

11 county or adjacent county; 

12 ‘‘(B) the funds made available under this 

13 subtitle are used to acquire land or interest in 

14 land by purchase, exchange, or donation from a 

15 willing seller; 

16 ‘‘(C) the Governor of the State in which 

17 the property or interests in property are ac18 quired approves of the acquisition; and 

19 ‘‘(D) such property or interest is acquired 

20 in a manner that will ensure such property or 

21 interest will be administered to support the pur22 poses of this Act. 

23 ‘‘(9) Protection and modification of critical 

24 coastal public infrastructure affected by erosion, 


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1 hurricanes or other extreme weather, flooding, or sea 

2 level change. 

3 ‘‘(10) Assistance for small businesses and com4 munities that are dependent on coastal tourism as 

5 eligible efforts that help coastal economies minimize 

6 impacts from sea level rise and disasters. 

7 ‘‘(11) Projects that use natural and nature8 based approaches for enhancing the resiliency of 

9 wastewater and stormwater infrastructure as eligible 

10 critical infrastructure projects (as compared to just 

11 general water infrastructure, which can also include 

12 drinking water systems). 

13 ‘‘(12) Technical assistance to help develop com14 prehensive resilience and mitigation plans as an eli15 gible funding effort. 

16 ‘‘(b) MATCHING REQUIREMENT.—The Administrator 

17 and the Foundation shall require a non-Federal match for 

18 all awards made under section 906(c) from the Fund. 

19 ‘‘(c) PROHIBITION ON USE OF FUNDS FOR LITIGA20 TION.—No funds made available under this Act may be 

21 used to fund litigation against the Federal Government.’’. 

22 (d) GRANTS.— 

23 (1) ADMINISTRATION.—Subsection (a)(1) of 

24 section 906 of such Act (16 U.S.C. 7505) is amend25 ed— 


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1 (A) by amending subparagraph (B) to read 

2 as follows: 

3 ‘‘(B) Selection procedures and criteria for 

4 the awarding of grants under this section that 

5 require consultation with the Administrator and 

6 the Secretary of the Interior.’’; 

7 (B) by amending subparagraph (C)(ii) to 

8 read as follows: 

9 ‘‘(ii) under subsection (c) to entities 

10 including States, local governments, re11 gional and interstate collaboratives, asso12 ciations, nonprofit and for-profit private 

13 entities, public-private partnerships, aca14 demic institutions, and Indian Tribes.’’; 

15 (C) in subparagraph (F), by striking ‘‘year 

16 if grants have been awarded in that year’’ and 

17 inserting ‘‘5 years’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(I) A method to give special consideration 

20 in reviewing proposals to projects with either di21 rect or indirect coastal or marine blue carbon 

22 benefits and an accounting methodology to 

23 quantify these benefits for the purposes of the 

24 annual report required under section 907.’’. 


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1 (2) GRANTS TO COASTAL STATES.—Subsection 

2 (b) of section 906 of such Act (16 U.S.C. 7505) is 

3 amended to read as follows: 

4 ‘‘(b) GRANTS TO COASTAL STATES.— 

5 ‘‘(1) IN GENERAL.—Subject to section 

6 904(d)(1) and paragraphs (3) and (4) of this sub7 section, the Administrator and the Foundation shall 

8 award grants to eligible coastal States based on the 

9 following formula: 

10 ‘‘(A) 50 of the funds are allocated equally 

11 among such coastal States. 

12 ‘‘(B) 25 percent of the funds are allocated 

13 on the basis of the ratio of tidal shoreline miles 

14 in a coastal State to the tidal shoreline miles of 

15 all coastal States. 

16 ‘‘(C) 25 percent of the funds are allocated 

17 on the basis of the ratio of population density 

18 of the coastal counties of a coastal State to the 

19 average population density of all coastal coun20 ties based on the most recent data available by 

21 the U.S. Census Bureau. 

22 ‘‘(2) ELIGIBLE COASTAL STATES.—For pur23 poses of this subsection, an eligible coastal State is 

24 any coastal state as defined in section 304 of the 


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

2 1453). 

3 ‘‘(3) MAXIMUM ALLOCATION TO STATES.—Not4 withstanding paragraph (1), not more than 5 per5 cent of the total funds distributed under this sub6 section may be allocated to any single State. Any 

7 amount exceeding this limit shall be redistributed 

8 equally among the remaining eligible coastal States. 

9 ‘‘(4) REQUIREMENT TO SUBMIT PLANS.— 

10 ‘‘(A) IN GENERAL.—To be eligible to re11 ceive a grant under this subsection, an eligible 

12 coastal State shall submit to the Administrator 

13 for review and approval, a 5-year plan, which 

14 shall include the following: 

15 ‘‘(i) Criteria to determine eligibility 

16 for entities which may receive grants under 

17 this subsection. 

18 ‘‘(ii) A description of the competitive 

19 process the coastal State will use in allo20 cating funds received from the Fund, ex21 cept in the case of allocating funds under 

22 paragraph (7), which shall include— 

23 ‘‘(I) a description of the relative 

24 roles of and consistency with the 

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1 gram approved under the Coastal 

2 Zone Management Act of 1972 (16 

3 U.S.C. 1451 et seq.), if the coastal 

4 State has such a plan, and any State 

5 Sea Grant Program, if the State has 

6 such program; and 

7 ‘‘(II) a demonstration that such 

8 competitive process is consistent with 

9 the application and review procedures 

10 established by the Administrator and 

11 Foundation under subsection (a)(1). 

12 ‘‘(iii) A process to certify that the 

13 project or program and the awarding of a 

14 contract for the expenditure of amounts re15 ceived under this paragraph are consistent 

16 with the standard procurement rules and 

17 regulations governing a comparable project 

18 or program in that State, including all ap19 plicable competitive bidding and audit re20 quirements. 

21 ‘‘(iv) Procedures to make publicly 

22 available on the internet a list of all 

23 projects supported by the Fund, that in24 cludes at a minimum the grant recipient, 


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1 grant amount, project description, and 

2 project status. 

3 ‘‘(B) UPDATES.—As a condition of receiv4 ing a grant under this subsection, a coastal 

5 State shall submit to the Administrator, not 

6 less frequently than once every 5 years, an up7 date to the plan submitted by the coastal State 

8 under subparagraph (A) for the 5-year period 

9 immediately following the most recent submittal 

10 under this paragraph. 

11 ‘‘(5) OPPORTUNITY FOR PUBLIC COMMENT.—In 

12 determining whether to approve a plan or an update 

13 to a plan described in subparagraph (A) or (B) of 

14 paragraph (5), the Administrator or the Foundation 

15 shall provide the opportunity for, and take into con16 sideration, public input and comment on the plan. 

17 ‘‘(6) INDIAN TRIBES.—As a condition on receipt 

18 of a grant under this subsection, a State that re19 ceives a grant under this subsection shall ensure 

20 that Indian Tribes in the State are eligible to par21 ticipate in the competitive process described in the 

22 State’s plan under paragraph (5)(A)(ii). 

23 ‘‘(7) NONPARTICIPATION BY A STATE.—In any 

24 year, if an eligible coastal State or geographic area 

25 described in paragraph (4)(B) does not submit the 


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1 plan required by paragraph (5) or declines the funds 

2 distributed under this subsection, the funds that 

3 would have been allocated to the State or area shall 

4 be redistributed equally among the remaining eligible 

5 coastal States and geographic areas.’’. 

6 (3) NATIONAL GRANTS FOR OCEANS, COASTS, 

7 AND GREAT LAKES.—Subsection (c)(2) of such sec8 tion is amended— 

9 (A) in subparagraph (B)— 

10 (i) in clause (ii), by striking ‘‘; and’’ 

11 and inserting a semicolon; 

12 (ii) by redesignating clause (iii) as 

13 clause (iv); and 

14 (iii) by inserting after clause (ii) the 

15 following: 

16 ‘‘(iii) nongovernmental organizations; 

17 and’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(C) CAP ON STATE FUNDING.—The 

20 amount of a grant awarded under this sub21 section shall not count toward the cap on fund22 ing to States through grants awarded under 

23 subsection (b).’’. 


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1 (e) ANNUAL REPORT.—Section 907 of the National 

2 Oceans and Coastal Security Act (16 U.S.C. 7506) is 

3 amended— 

4 (1) by amending paragraph (3) of subsection 

5 (b) to read as follows: 

6 ‘‘(3) a description of the expenditures made 

7 from the Fund for the fiscal year, including the pur8 pose of the expenditures; and’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(4) an estimate of blue carbon benefits, in 

11 tons of carbon dioxide, expected through grants 

12 awarded to projects that received special consider13 ation under section 906 due to their blue carbon po14 tential.’’. 

15 (f) FUNDING.—Section 908 of such Act (16 U.S.C. 

16 7507) is amended to read as follows: 

17 ‘‘SEC. 908. FUNDING. 

18 ‘‘There is authorized to be appropriated 

19 $100,000,000 to carry out this title for fiscal year 2020 

20 and each fiscal year thereafter.’’. 

21 SEC. 1005. SHOVEL-READY RESTORATION GRANTS FOR 

22 COASTLINES AND FISHERIES. 

23 (a) ESTABLISHMENT.—The Secretary shall establish 

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1 ance to eligible entities for purposes of carrying out a 

2 project described in subsection (d). 

3 (b) PROJECT PROPOSAL.—To be considered for a 

4 grant under this section, an eligible entity shall submit 

5 a grant proposal to the Secretary in a time, place, and 

6 manner determined by the Secretary. Such proposal shall 

7 include monitoring, data collection, and measurable per8 formance criteria with respect to the project. 

9 (c) DEVELOPMENT OF CRITERIA.—The Secretary 

10 shall select eligible entities to receive grants under this 

11 section based on criteria developed by the Secretary, in 

12 consultation with relevant offices of the National Oceanic 

13 and Atmospheric Administration, such as the Office of 

14 Habitat Conservation and the Office for Coastal Manage15 ment. 

16 (d) ELIGIBLE PROJECTS.—A project is described by 

17 this section if— 

18 (1) the purpose of the project is to restore a 

19 marine, estuarine, coastal, or Great Lake habitat, 

20 including— 

21 (A) restoration of habitat to protect or re22 cover a species that is threatened, endangered, 

23 or a species of concern under the Endangered 

24 Species Act of 1973 (16 U.S.C. 1531 et seq.); 


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1 (B) through the removal or remediation of 

2 marine debris, including derelict vessels and 

3 fishing gear, in coastal and marine habitats; or 

4 (C) for the benefit of— 

5 (i) shellfish; 

6 (ii) fish, including diadromous fish; or 

7 (iii) coral reef; or 

8 (2) provides adaptation to climate change, in9 cluding by constructing or protecting ecological fea10 tures or nature-based infrastructure that protects 

11 coastal communities from sea level rise, coastal 

12 storms, or flooding, and blue carbon projects. 

13 (e) PRIORITY.—In determining which projects to 

14 fund under this section, the Secretary shall give priority 

15 to a proposed project— 

16 (1) that would stimulate the economy; 

17 (2) for which the applicant can demonstrate 

18 that the grant will fund work that will begin not 

19 more than 90 days after the date of the award; 

20 (3) for which the applicant can demonstrate 

21 that the grant will fund work that will employ fish22 ermen who have been negatively impacted by the 

23 COVID–19 pandemic or pay a fisherman for the use 

24 of a fishing vessel; 


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1 (4) for which the applicant can demonstrate 

2 that any preliminary study or permit required before 

3 the project can begin has been completed or can be 

4 completed shortly after an award is made; or 

5 (5) that includes communities that may not 

6 have adequate resources including low income com7 munities, communities of color, Tribal communities, 

8 Indigenous communities, and rural communities. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Secretary of Com11 merce $3,000,000,000 for fiscal year 2020 to carry out 

12 this section, to remain available until expended. 

13 (g) DEFINITIONS.— 

14 (1) ELIGIBLE ENTITY.—In this Act, ‘‘eligible 

15 entity’’ means a nonprofit, a for-profit business, an 

16 institution of higher education, or a State, local, 

17 Tribal, or Territorial government. 

18 (2) FISHERMEN.—The term ‘‘fishermen’’ 

19 means commercial or for-hire fishermen or oyster 

20 farmers. 

21 (3) SECRETARY.—In this section, the term 

22 ‘‘Secretary’’ means the Secretary of Commerce, act23 ing through the Administrator of the National Oce24 anic and Atmospheric Administration. 


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1 SEC. 1006. STRATEGIC CLIMATE CHANGE RELOCATION INI2 TIATIVE AND PROGRAM. 

3 (a) ESTABLISHMENT OF INITIATIVE.—The Chairman 

4 of the Council on Environmental Quality (in this section 

5 referred to as the ‘‘Chair’’) of the Council on Environ6 mental Quality shall establish a Strategic Climate Change 

7 Relocation Initiative (in this section referred to as the 

8 ‘‘Initiative’’) for the purposes of coordinating Federal 

9 agency activities to identify and assist communities that 

10 have expressed affirmative interest in relocation due to 

11 health, safety, and environmental impacts from climate 

12 change, including hurricanes, flooding, sea level rise, and 

13 repeat wildfires. 

14 (b) DIRECTOR.—The Chair shall appoint a Strategic 

15 Climate Relocation Director to manage the Initiative. 

16 (c) CONSULTATION.—The Chair shall coordinate and 

17 consult with Federal agencies conducting activities related 

18 to this section including the National Oceanic and Atmos19 pheric Administration, the Department of the Interior, in20 cluding the Bureau of Indian Affairs, the Environmental 

21 Protection Agency, the Federal Emergency Management 

22 Agency, the Department of Housing and Urban Develop23 ment, the Denali Commission, the Corps of Engineers, the 

24 Office of Management and Budget, the National Economic 

25 Council, the National Security Council, the White House 

26 Council on Native American Affairs Interagency Subgroup 


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1 on Tribal Resilience, and other Federal agencies as appro2 priate. 

3 (d) EXTERNAL ADVISORY PANEL.—The Chair shall 

4 establish an external advisory panel that may include com5 munity leaders, non-governmental organizations, State 

6 and local government representatives, Tribal leaders, In7 digenous community representatives, climate adaptation 

8 professionals, and other relevant experts as appropriate. 

9 (e) REPORT TO CONGRESS.—Not later than 2 years 

10 after the date of enactment of this Act, the Chair shall 

11 submit a report to Congress recommending key elements 

12 of a Strategic Climate Change Relocation Program to 

13 identify and assist communities that have expressed af14 firmative interest in relocation due to health, safety, and 

15 environmental impacts from climate change. The report 

16 shall— 

17 (1) identify— 

18 (A) areas where climate change impacts 

19 make relocation a likely climate change adapta20 tion strategy; 

21 (B) communities that have expressed af22 firmative interest in relocation (in this section 

23 referred to as ‘‘sending communities’’); and 

24 (C) potential relocation areas and commu25 nities that have expressed interest in attracting 


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1 climate migrants (in this section referred to as 

2 ‘‘receiving communities’’); 

3 (2) propose criteria to qualify for climate relo4 cation assistance, with preference given to disadvan5 taged communities where community members have 

6 indicated a preference for retreat which would other7 wise be challenged to relocate; 

8 (3) describe the roles and responsibilities of 

9 specific Federal agencies in implementing the Stra10 tegic Climate Change Relocation Program and how 

11 the Program should be coordinated with applicable 

12 State and Federal agency plans and programs and 

13 identify Federal programs that can be tailored to 

14 incentivize self-identification of communities as re15 ceiving areas; 

16 (4) outline the role that State and local govern17 ments should play in implementing the Strategic Cli18 mate Change Relocation Program, including identi19 fication of areas or communities where people leav20 ing areas vulnerable to climate change can consider 

21 locating, and the specific resources needed to pre22 pare those communities to be receiving communities 

23 in terms of Federal investment in infrastructure, af24 fordable housing, and social services; 


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1 (5) summarize existing Federal and State pro2 grams for purchase of individual properties vulner3 able to the impacts of climate change and propose 

4 how these programs might be restructured, im5 proved, or expanded to incentivize climate change re6 location; 

7 (6) describe measures that governments or 

8 other organizations can take to reduce the psycho9 logical stress associated with relocation to preserve 

10 or support the historical and cultural identity of 

11 communities being relocated and to restore and con12 serve areas that are relocated from as publicly acces13 sible natural assets, and how Federal programs will 

14 support these efforts; 

15 (7) identify and recommend measures to over16 come how institutional barriers, such as Federal pro17 grams that do not account for Tribal sovereignty, 

18 constrain Tribal communities’ ability to pursue self19 determined management of their resources and built 

20 environment; 

21 (8) identify measures that Congress, Federal 

22 agencies, or State and local governments should take 

23 to discourage or restrict new development and hard 

24 structural measures in areas vulnerable to such sig25 nificant climate change impacts that they are likely 


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1 to require a solution that includes relocation, in par2 ticular, where the Federal Government could estab3 lish stricter funding requirements for post-disaster 

4 funding that require updated building codes and 

5 land use strategies reflecting climate risk; 

6 (9) describe existing policies and clarify respon7 sibilities of governments in complying with obliga8 tions to protect private property, including providing 

9 just compensation for any taking of private prop10 erty; 

11 (10) propose an application process, available 

12 online, for States and communities to express af13 firmative interest in climate relocation assistance, ei14 ther as a leaving community or receiving community; 

15 (11) provide guidance on and identify additional 

16 funding for operations and maintenance require17 ments for vacated land, and identify the resources 

18 needed to prioritize public access, recreational 

19 spaces, or conservation areas; 

20 (12) review efficacy of existing flood mitigation 

21 strategies on reducing flood risk to human popu22 lations, and identify opportunities to coordinate 

23 blue-green infrastructure solutions with buyout pro24 grams that increase the resilience of remaining resi25 dents; and 


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1 (13) outline the amount and timing of Federal 

2 funding that is expected to be needed to implement 

3 the Climate Change Relocation Program. 

4 (f) DEVELOPMENT OF REPORT TO CONGRESS.—In 

5 developing the report required under subsection (e), the 

6 Chair shall— 

7 (1) provide for public review and comment of a 

8 draft of the report; 

9 (2) consult with organizations representing 

10 State and local governments; 

11 (3) consult with the external advisory panel; 

12 and 

13 (4) evaluate projects implemented under the 

14 National Disaster Resilience Competition adminis15 tered by the Department of Housing and Urban De16 velopment. 

17 (g) CLIMATE CHANGE STRATEGIC RELOCATION PRO18 GRAM PILOT PROJECTS.—Within 2 years after the date 

19 of the submission of the report under subsection (e), the 

20 Chair shall establish and carry out pilot projects based 

21 upon the recommendations included in such report. 

22 (h) SUBSEQUENT PERIODIC REPORTS TO CON23 GRESS.—Within three years after the date of the submis24 sion of the report under subsection (e), and every three 

25 years thereafter, the Chair shall submit to Congress a reVerDate Sep 11 2014 19:26 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H8632.IH H8632

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1 port evaluating progress in the implementation of the Cli2 mate Change Relocation Program and making rec3 ommendations for needed changes to the Program. 

4 TITLE XI—OCEAN HEALTH: 

5 OCEAN ACIDIFICATION AND 

6 HARMFUL ALGAL BLOOMS 

7 Subtitle A—Coastal Communities 

8 Ocean Acidification Act 

9 SEC. 1101. STATE AND UNITED STATES DEFINED. 

10 Section 12403 of the Federal Ocean Acidification Re11 search And Monitoring Act of 2009 (33 U.S.C. 3702) is 

12 amended— 

13 (1) by redesignating paragraph (3) as para14 graph (4); 

15 (2) by inserting after paragraph (2) the fol16 lowing: 

17 ‘‘(3) STATE.—The term ‘State’ means each 

18 State of the United States, the District of Columbia, 

19 the Commonwealth of Puerto Rico, American 

20 Samoa, Guam, the Commonwealth of the Northern 

21 Mariana Islands, the Virgin Islands of the United 

22 States, and any other territory or possession of the 

23 United States.’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(5) UNITED STATES.—The term ‘United 

2 States’ means the States, collectively.’’. 

3 SEC. 1102. COASTAL COMMUNITY VULNERABILITY ASSESS4 MENT. 

5 (a) IN GENERAL.—Section 12406 of the Federal 

6 Ocean Acidification Research And Monitoring Act of 2009 

7 (33 U.S.C. 3705) is amended— 

8 (1) in subsection (a), by inserting ‘‘(referred to 

9 in this section as the ‘Program’)’’ after ‘‘acidifica10 tion program’’; 

11 (2) by redesignating subsection (b) as sub12 section (d); and 

13 (3) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) COMMUNITY VULNERABILITY ASSESSMENT.— 

16 ‘‘(1) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of the Ocean-Based Cli18 mate Solutions Act of 2020 and every 7 years subse19 quent, the Secretary, through the ‘Program’, shall 

20 conduct an ocean acidification coastal community 

21 vulnerability assessment, and issue a corresponding 

22 public report. 

23 ‘‘(2) REQUIREMENTS.—The assessment con24 ducted under paragraph (1) shall— 


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1 ‘‘(A) identify the United States coastal 

2 communities, including island communities, low3 population rural communities, and subsistence 

4 communities, that are most dependent on coast5 al and ocean resources that may be impacted by 

6 ocean acidification; 

7 ‘‘(B) assess the nature of the social and 

8 economic vulnerabilities of those communities, 

9 including the economic effect on local or re10 gional commercial fisheries and recreational op11 portunities and over what timescales such ef12 fects will be felt; 

13 ‘‘(C) identify the ocean acidification im14 pacts that might harm those communities, both 

15 in isolation and in conjunction with other 

16 changing ocean conditions, including effects 

17 from changes in ocean and coastal marine re18 sources that are not managed by the Federal 

19 Government; 

20 ‘‘(D) identify key knowledge gaps where 

21 research could be devoted to better understand 

22 the possible impacts of ocean acidification on 

23 those communities, the risks and threats facing 

24 those communities, and possible adaptation 

25 strategies for those communities; and 


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1 ‘‘(E) be conducted in collaboration with ex2 perts, traditional knowledge experts, and indi3 viduals who are familiar with the unique eco4 nomic, social, ecological, geographic, and re5 source concerns of coastal communities in the 

6 United States, including representatives from— 

7 ‘‘(i) the National Marine Fisheries 

8 Service and the Office for Coastal Manage9 ment of the National Oceanic and Atmos10 pheric Administration; 

11 ‘‘(ii) National Integrated Coastal and 

12 Ocean Observation System regional infor13 mation coordination entities established 

14 under section 12304(c)(4) of the Inte15 grated Coastal and Ocean Observation 

16 System Act of 2009 (33 U.S.C. 

17 3603(c)(4)); 

18 ‘‘(iii) regional ocean acidification net19 works; and 

20 ‘‘(iv) State sea grant programs (as de21 fined in section 203 of the National Sea 

22 Grant College Program Act (33 U.S.C. 

23 1122)). 

24 ‘‘(c) SUPPORT FOR STATE AND LOCAL VULNER25 ABILITY ASSESSMENTS AND STRATEGIC RESEARCH


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1 PLANNING.—In carrying out the Program, the Secretary 

2 shall collaborate with State, local, and Tribal government 

3 entities that are conducting or have completed vulner4 ability assessments, strategic research planning, or other 

5 similar activities related to ocean acidification and its im6 pacts on coastal communities, for the purpose of— 

7 ‘‘(1) determining whether such activities can be 

8 used as a model for other communities; and 

9 ‘‘(2) identifying opportunities for the National 

10 Oceanic and Atmospheric Administration and other 

11 relevant Federal agencies to support such activi12 ties.’’. 

13 (b) ONGOING INPUT MECHANISM.—Section 

14 12404(b)(5) of the Federal Ocean Acidification Research 

15 And Monitoring Act of 2009 (33 U.S.C. 3703(b)(5)) is 

16 amended— 

17 (1) by striking ‘‘including information’’ and in18 serting the following: ‘‘including— 

19 ‘‘(A) information’’; 

20 (2) by striking the period at the end and insert21 ing ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(B) an ongoing mechanism that allows af24 fected industry members, coastal stakeholders, 

25 non-Federal resource managers, community 


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1 acidification networks, Indigenous knowledge 

2 groups, and scientific experts not employed by 

3 the Federal Government to provide input on re4 search, data, and monitoring that is necessary 

5 to support on-the-ground management, decision 

6 making, and adaptation related to ocean acidifi7 cation and the effects of such acidification.’’. 

8 (c) STRATEGIC RESEARCH PLAN.—Section 12405 of 

9 the Federal Ocean Acidification Research And Monitoring 

10 Act of 2009 (33 U.S.C. 3704) is amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (8), by striking ‘‘and’’ at 

13 the end; 

14 (B) in paragraph (9), by striking the pe15 riod at the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(10) make recommendations to conduct re18 search in areas, including the social sciences and ec19 onomics, to address the key knowledge gaps identi20 fied in the community vulnerability assessment re21 port conducted under section 12406(b).’’; and 

22 (2) in subsection (e), by inserting ‘‘, Tribal gov23 ernments, Indigenous and traditional knowledge ex24 perts,’’ after ‘‘industry’’. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 12409(a) of the Federal Ocean Acidification Research 

3 And Monitoring Act of 2009 (33 U.S.C. 3708(a)) is 

4 amended to read as follows: 

5 ‘‘(a) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN6 ISTRATION.—There are authorized to be appropriated to 

7 the National Oceanic and Atmospheric Administration to 

8 carry out the purposes of this subtitle $2,700,000 for each 

9 of fiscal years 2021 through 2025.’’. 

10 (e) REPORT ON SUPPORT FOR STATE AND LOCAL

11 VULNERABILITY ASSESSMENTS AND STRATEGIC RE12 SEARCH PLANNING.—Not later than 180 days after the 

13 date of the enactment of this Act, the Administrator shall 

14 submit to Congress a report detailing the efforts of the 

15 National Oceanic and Atmospheric Administration to sup16 port State, local, and Tribal community vulnerability as17 sessments, strategic research and planning, and moni18 toring needs, pursuant to section 12406(c) of the Federal 

19 Ocean Acidification Research And Monitoring Act of 2009 

20 (as added by subsection (a)). 

21 Subtitle B—Ocean Acidification Act 

22 SEC. 1111. PRIZE COMPETITIONS. 

23 Section 12404 of the Federal Ocean Acidification Re24 search And Monitoring Act of 2009 (33 U.S.C. 3703) is 

25 amended by adding at the end the following: 


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1 ‘‘(d) PRIZE COMPETITIONS.— 

2 ‘‘(1) IN GENERAL.—Any Federal agency with a 

3 representative serving on the interagency working 

4 group established under this section may, either in5 dividually or in cooperation with 1 or more agencies, 

6 carry out a program to award prizes competitively 

7 under section 24 of the Stevenson-Wydler Tech8 nology Innovation Act of 1980 (15 U.S.C. 3719). An 

9 agency seeking to carry out such a program shall 

10 carry out such program in coordination with the 

11 chair of such interagency working group. 

12 ‘‘(2) PURPOSES.—Any prize competition carried 

13 out under this subsection shall be for the purpose of 

14 stimulating innovation to advance our Nation’s abil15 ity to understand, research, or monitor ocean acidifi16 cation or its impacts, or to develop management or 

17 adaptation options for responding to ocean acidifica18 tion. 

19 ‘‘(3) PRIORITY PROGRAMS.—Priority shall be 

20 given to establishing programs under this section 

21 that address communities, environments, or indus22 tries that are in distress due to the impacts of ocean 

23 acidification, including— 

24 ‘‘(A) the development of monitoring or 

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1 tries that are experiencing significant financial 

2 hardship; 

3 ‘‘(B) the development of adaptation op4 tions to alleviate economic harm and job loss 

5 caused by ocean acidification; 

6 ‘‘(C) the development of measures to help 

7 vulnerable communities or industries, with an 

8 emphasis on rural communities and businesses; 

9 and 

10 ‘‘(D) the development of adaptation and 

11 management options for impacted shellfish in12 dustries.’’. 

13 Subtitle C—COAST Research Act 

14 SEC. 1121. PURPOSES. 

15 (a) IN GENERAL.—Section 12402(a) of the Federal 

16 Ocean Acidification Research And Monitoring Act of 2009 

17 (33 U.S.C. 3701(a)) is amended— 

18 (1) in paragraph (1)— 

19 (A) in the matter preceding subparagraph 

20 (A), by striking ‘‘development and coordina21 tion’’ and inserting ‘‘coordination and imple22 mentation’’; 

23 (B) in subparagraph (A), by striking 

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1 ing ‘‘acidification and coastal acidification on 

2 marine organisms’’; and 

3 (C) in subparagraph (B), by striking ‘‘es4 tablish’’ and all that follows through the semi5 colon and inserting ‘‘maintain and advise an 

6 interagency research, monitoring, and public 

7 outreach program on ocean acidification and 

8 coastal acidification;’’; 

9 (2) in paragraph (2), by striking ‘‘establish10 ment’’ and inserting ‘‘maintenance’’; 

11 (3) in paragraph (3), by inserting ‘‘and coastal 

12 acidification’’ after ‘‘ocean acidification’’; and 

13 (4) in paragraph (4), by inserting ‘‘and coastal 

14 acidification that take into account other environ15 mental and anthropogenic stressors’’ after ‘‘ocean 

16 acidification’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

18 Section 12402 of the Federal Ocean Acidification Re19 search and Monitoring Act of 2009 (33 U.S.C. 3701(a)) 

20 is amended by striking ‘‘(a) PURPOSES.—’’. 

21 SEC. 1122. DEFINITIONS. 

22 Section 12403 of the Federal Ocean Acidification Re23 search and Monitoring Act of 2009 (33 U.S.C. 3702) is 

24 amended— 


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1 (1) in paragraph (1), by striking ‘‘of the 

2 Earth’s oceans’’ and all that follows before the pe3 riod at the end and inserting ‘‘and changes in the 

4 water chemistry of the Earth’s oceans, coastal estu5 aries, and waterways caused by carbon dioxide from 

6 the atmosphere and the breakdown of organic mat7 ter’’; 

8 (2) in paragraph (3), by striking ‘‘Joint Sub9 committee on Ocean Science and Technology of the 

10 National Science and Technology Council’’ and in11 serting ‘‘National Science and Technology Council 

12 Subcommittee on Ocean Science and Technology’’; 

13 (3) by redesignating paragraphs (1), (2), and 

14 (3) as paragraphs (2), (3), and (4), respectively; 

15 (4) by inserting before paragraph (2), as so re16 designated, the following new paragraph: 

17 ‘‘(1) COASTAL ACIDIFICATION.—The term 

18 ‘coastal acidification’ means the combined decrease 

19 in pH and changes in the water chemistry of coastal 

20 oceans, estuaries, and other bodies of water from 

21 chemical inputs (including carbon dioxide from the 

22 atmosphere), freshwater inputs, and excess nutrient 

23 run-off from land and coastal atmospheric pollution 

24 that result in processes that release carbon dioxide, 


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1 acidic nitrogen, and sulfur compounds as byproducts 

2 which end up in coastal waters.’’; and 

3 (5) by adding at the end the following new 

4 paragraph: 

5 ‘‘(5) STATE.—The term ‘State’ means each 

6 State of the United States, the District of Columbia, 

7 the Commonwealth of Puerto Rico, American 

8 Samoa, Guam, the Commonwealth of the Northern 

9 Mariana Islands, the Virgin Islands of the United 

10 States, and any other territory or possession of the 

11 United States.’’. 

12 SEC. 1123. INTERAGENCY WORKING GROUP. 

13 Section 12404 of the Federal Ocean Acidification Re14 search And Monitoring Act of 2009 (33 U.S.C. 3703) is 

15 amended— 

16 (1) in the heading, by striking ‘‘SUB17 COMMITTEE’’ and inserting ‘‘WORKING GROUP’’; 

18 (2) in subsection (a)— 

19 (A) in paragraph (1), by striking ‘‘Joint 

20 Subcommittee on Ocean Science and Tech21 nology of the National Science and Technology 

22 Council shall coordinate Federal activities on 

23 ocean acidification and’’ and insert ‘‘Sub24 committee shall’’; 


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1 (B) in paragraph (2), by striking ‘‘Wildlife 

2 Service,’’ and inserting ‘‘Wildlife Service, the 

3 Bureau of Ocean Energy Management, the En4 vironmental Protection Agency, the Department 

5 of Agriculture, the Department of State, the 

6 Department of Energy, the Department of the 

7 Navy, the National Park Service, the Bureau of 

8 Indian Affairs, the National Institute of Stand9 ards and Technology, the Smithsonian Institu10 tion,’’; and 

11 (C) in paragraph (3), in the heading, by 

12 striking ‘‘CHAIRMAN’’ and inserting ‘‘CHAIR’’; 

13 (3) in subsection (b)— 

14 (A) in paragraph (1), by inserting ‘‘, in15 cluding the efforts of the National Oceanic and 

16 Atmospheric Administration to facilitate such 

17 implementation’’ after ‘‘of the plan’’; 

18 (B) in paragraph (2)— 

19 (i) in subparagraph (A), by inserting 

20 ‘‘and coastal acidification’’ after ‘‘ocean 

21 acidification’’; and 

22 (ii) in subparagraph (B), by inserting 

23 ‘‘and coastal acidification’’ after ‘‘ocean 

24 acidification’’; 


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1 (C) in paragraph (4), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (D) in paragraph (5)— 

4 (i) by striking ‘‘developed’’ and insert5 ing ‘‘and coastal acidification developed’’; 

6 and 

7 (ii) by striking the period at the end 

8 and inserting ‘‘and coastal acidification; 

9 and’’; and 

10 (E) by adding at the end the following new 

11 paragraph: 

12 ‘‘(6) ensure that each of the Federal agencies 

13 represented on the interagency working group— 

14 ‘‘(A) participates in the Ocean Acidifica15 tion Information Exchange established under 

16 paragraph (5); and 

17 ‘‘(B) delivers data and information to sup18 port the data archive system established under 

19 section 12406(d).’’; 

20 (4) in subsection (c), in paragraph (2)— 

21 (A) by inserting ‘‘, and to the Office of 

22 Management and Budget,’’ after ‘‘House of 

23 Representatives’’; and 


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1 (B) in subparagraph (B), by striking ‘‘the 

2 interagency research’’ and inserting ‘‘inter3 agency strategic research’’; 

4 (5) by redesignating subsection (c) as sub5 section (d); and 

6 (6) by inserting after subsection (b) the fol7 lowing: 

8 ‘‘(c) ADVISORY BOARD.— 

9 ‘‘(1) ESTABLISHMENT.—The Chair of the Sub10 committee shall establish an Ocean Acidification Ad11 visory Board. 

12 ‘‘(2) DUTIES.—The Advisory Board shall— 

13 ‘‘(A) not later than 180 days before the 

14 Subcommittee submits the most recent report 

15 under subsection (d)(2)— 

16 ‘‘(i) review such report; 

17 ‘‘(ii) submit an analysis of such report 

18 to the Subcommittee for consideration in 

19 the final report submitted under subsection 

20 (d)(2); and 

21 ‘‘(iii) concurrently with the Sub22 committee’s final submission of the report 

23 under subsection (d)(2), the Advisory 

24 Board shall submit a copy of the analysis 

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1 mittee on Commerce, Science, and Trans2 portation of the Senate, the Committee on 

3 Science, Space, and Technology of the 

4 House of Representatives, and the Com5 mittee on Natural Resources of the House 

6 of Representatives; 

7 ‘‘(B) not later than 180 days before the 

8 Subcommittee submits the most recent strategic 

9 research plan under subsection (d)(3) to Con10 gress— 

11 ‘‘(i) review such plan; 

12 ‘‘(ii) submit an analysis of such plan 

13 and the implementation thereof to the Sub14 committee for consideration in the final 

15 strategic research plan submitted under 

16 subsection (d)(3); and 

17 ‘‘(iii) concurrently with the Sub18 committee’s final submission of the stra19 tegic research plan under subsection 

20 (d)(3), the Advisory Board shall submit a 

21 copy of the analysis provided to the Sub22 committee to the Committee on Commerce, 

23 Science, and Transportation of the Senate, 

24 the Committee on Science, Space, and 

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1 tives, and the Committee on Natural Re2 sources of the House of Representatives; 

3 ‘‘(C) provide ongoing advice to the Sub4 committee and the interagency working group 

5 on matters related to Federal activities on 

6 ocean acidification and coastal acidification; 

7 ‘‘(D) advise the Subcommittee and the 

8 interagency working group on— 

9 ‘‘(i) efforts to coordinate research and 

10 monitoring activities related to ocean acidi11 fication and coastal acidification; and 

12 ‘‘(ii) the best practices for the stand13 ards developed for data archiving under 

14 section 12406(e); 

15 ‘‘(E) publish in the Federal Register a 

16 charter; 

17 ‘‘(F) provide the Library of Congress 

18 with— 

19 ‘‘(i) the charter described in subpara20 graph (E); 

21 ‘‘(ii) any schedules and minutes for 

22 meetings of the Advisory Board; 

23 ‘‘(iii) any documents that are ap24 proved by the Advisory Board; and 


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1 ‘‘(iv) any reports and analysis pre2 pared by the Advisory Board; and 

3 ‘‘(G) establish a publicly accessible web 

4 page on the website of the National Oceanic 

5 and Atmospheric Administration, that contains 

6 the information described in clauses (i) through 

7 (iv) of subparagraph (F). 

8 ‘‘(3) MEMBERSHIP.—The Advisory Board shall 

9 consist of 24 members as follows: 

10 ‘‘(A) Two representatives of the shellfish 

11 and crab industry. 

12 ‘‘(B) One representative of the finfish in13 dustry. 

14 ‘‘(C) One representative of seafood proc15 essors. 

16 ‘‘(D) Three representatives from academia, 

17 including both natural and social sciences. 

18 ‘‘(E) One representative of recreational 

19 fishing. 

20 ‘‘(F) One representative of relevant non21 governmental organizations. 

22 ‘‘(G) Six representatives from relevant 

23 State, local, and Tribal governments. 

24 ‘‘(H) One representative from the Alaska 

25 Ocean Acidification Network. 


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1 ‘‘(I) One representative from the California 

2 Current Acidification Network. 

3 ‘‘(J) One representative from the North4 east Coastal Acidification Network. 

5 ‘‘(K) One representative from the South6 east Coastal Acidification Network. 

7 ‘‘(L) One representative from the Gulf of 

8 Mexico Coastal Acidification Network. 

9 ‘‘(M) One representative from the Mid-At10 lantic Coastal Acidification Network. 

11 ‘‘(N) One representative from the Pacific 

12 Islands Ocean Observing System or similar en13 tity representing the island Territories and pos14 sessions of the United States in the Pacific 

15 Ocean, and the State of Hawaii. 

16 ‘‘(O) One representative from the Carib17 bean Regional Association for Coastal Ocean 

18 Observing or a similar entity representing Puer19 to Rico and the United States Virgin Islands. 

20 ‘‘(P) One representative from the National 

21 Oceanic and Atmospheric Administration shall 

22 serve as an ex-officio member of the Advisory 

23 Board without a vote. 

24 ‘‘(4) APPOINTMENT OF MEMBERS.—The Chair 

25 of the Subcommittee shall— 


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1 ‘‘(A) appoint members to the Advisory 

2 Board (taking into account the geographical in3 terests of each individual to be appointed as a 

4 member of the Advisory Board to ensure that 

5 an appropriate balance of geographical interests 

6 are represented by the members of the Advisory 

7 Board) who— 

8 ‘‘(i) represent the interest group for 

9 which each seat is designated; 

10 ‘‘(ii) demonstrate expertise on ocean 

11 acidification or coastal acidification and its 

12 scientific, economic, industry, cultural, and 

13 community impacts; and 

14 ‘‘(iii) have a record of distinguished 

15 service with respect to ocean acidification 

16 or coastal acidification, and such impacts; 

17 ‘‘(B) give consideration to nominations and 

18 recommendations from the members of the 

19 interagency working group and the public for 

20 such appointments; and 

21 ‘‘(C) ensure that an appropriate balance of 

22 scientific, industry, and geographical interests 

23 are represented by the members of the Advisory 

24 Board. 


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1 ‘‘(5) TERM OF MEMBERSHIP.—Each member of 

2 the Advisory Board— 

3 ‘‘(A) shall be appointed for a 5-year term; 

4 and 

5 ‘‘(B) may be appointed to more than 1 

6 term. 

7 ‘‘(6) CHAIR.—The Chair of the Subcommittee 

8 shall appoint 1 member of the Advisory Board to 

9 serve as the Chair of the Advisory Board. 

10 ‘‘(7) MEETINGS.—Not less than once each cal11 endar year, the Advisory Board shall meet at such 

12 times and places as may be designated by the Chair 

13 of the Advisory Board, in consultation with the 

14 Chair of the Subcommittee and the Chair of the 

15 interagency working group. 

16 ‘‘(8) BRIEFING.—The Chair of the Advisory 

17 Board shall brief the Subcommittee and the inter18 agency working group on the progress of the Advi19 sory Board as necessary. 

20 ‘‘(9) FEDERAL ADVISORY COMMITTEE ACT.— 

21 Section 14 of the Federal Advisory Committee Act 

22 shall not apply to the Advisory Board.’’. 


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1 SEC. 1124. STRATEGIC RESEARCH PLAN. 

2 Section 12405 of the Federal Ocean Acidification Re3 search And Monitoring Act of 2009 (33 U.S.C. 3704) is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘acidification’’ each place it 

7 appears and inserting ‘‘acidification and coastal 

8 acidification’’; 

9 (B) in the first sentence— 

10 (i) by inserting ‘‘, and not later than 

11 every 5 years thereafter’’ after ‘‘the date of 

12 enactment of this Act’’; 

13 (ii) by inserting ‘‘address the socio14 economic impacts of ocean acidification 

15 and coastal acidification and to’’ after 

16 ‘‘mitigation strategies to’’; and 

17 (iii) by striking ‘‘marine ecosystems’’ 

18 each place it appears and inserting ‘‘eco19 systems’’; and 

20 (C) in the second sentence, by inserting 

21 ‘‘and recommendations made by the Advisory 

22 Board in the review of the plan required under 

23 section 12404(c)(2)(B)(i)’’ after ‘‘subsection 

24 (d)’’; 

25 (2) in subsection (b)— 


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1 (A) in paragraph (1), by inserting ‘‘and so2 cial sciences’’ after ‘‘among the ocean sciences’’; 

3 (B) in paragraph (2)— 

4 (i) in subparagraph (A), by striking 

5 ‘‘impacts’’ and inserting ‘‘impacts, includ6 ing trends of changes in ocean chemistry,’’; 

7 (ii) in subparagraph (B)— 

8 (I) by striking ‘‘improve the abil9 ity to assess the’’ and inserting ‘‘as10 sess the short-term and long-term’’; 

11 and 

12 (II) by striking ‘‘; and’’ at the 

13 end and inserting a semicolon; 

14 (iii) by amending subparagraph (C) to 

15 read as follows: 

16 ‘‘(C) provide information for the— 

17 ‘‘(i) development of adaptation and 

18 mitigation strategies to address the socio19 economic impacts of ocean acidification 

20 and coastal acidification; 

21 ‘‘(ii) conservation of marine organisms 

22 and ecosystems; 

23 ‘‘(iii) assessment of the effectiveness 

24 of such adaptation and mitigation strate25 gies; and’’; and 


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1 (iv) by adding at the end the following 

2 new subparagraph: 

3 ‘‘(D) improve research on— 

4 ‘‘(i) ocean acidification and coastal 

5 acidification; 

6 ‘‘(ii) the interactions between and ef7 fects of multiple combined stressors includ8 ing changes in water chemistry, changes in 

9 sediment delivery, hypoxia, and harmful 

10 algal blooms, on ocean acidification and 

11 coastal acidification; and 

12 ‘‘(iii) the effect of environmental 

13 stressors on marine resources and eco14 systems;’’; 

15 (C) in paragraph (3)— 

16 (i) in subparagraph (F), by striking 

17 ‘‘database development’’ and inserting 

18 ‘‘data management’’; 

19 (ii) in subparagraph (H) by striking 

20 ‘‘and’’ at the end; and 

21 (iii) by adding at the end the fol22 lowing new subparagraphs: 

23 ‘‘(J) assessment of adaptation and mitiga24 tion strategies; and 

25 ‘‘(K) education and outreach activities;’’; 


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1 (D) in paragraph (4), by striking ‘‘set 

2 forth’’ and inserting ‘‘ensure an appropriate 

3 balance of contribution in establishing’’; 

4 (E) in paragraph (5), by striking ‘‘reports’’ 

5 and inserting ‘‘the best available peer-reviewed 

6 scientific reports’’; 

7 (F) in paragraph (6)— 

8 (i) by inserting ‘‘and coastal acidifica9 tion’’ after ‘‘ocean acidification’’; and 

10 (ii) by striking ‘‘of the United States’’ 

11 and inserting ‘‘within the United States’’; 

12 (G) in paragraph (7), by striking ‘‘outline 

13 budget requirements’’ and inserting ‘‘estimate 

14 costs associated for full implementation of each 

15 element of the plan by fiscal year’’; 

16 (H) in paragraph (8)— 

17 (i) by inserting ‘‘and coastal acidifica18 tion’’ after ‘‘ocean acidification’’ each place 

19 it appears; 

20 (ii) by striking ‘‘its’’ and inserting 

21 ‘‘their’’; and 

22 (iii) by striking ‘‘; and’’ at the end 

23 and inserting a semicolon; 

24 (I) in paragraph (9), by striking the period 

25 at the end and inserting ‘‘; and’’; and 


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1 (J) by adding at the end the following new 

2 paragraph: 

3 ‘‘(10) describe monitoring needs necessary to 

4 support potentially affected industry members, 

5 coastal stakeholders, fishery management councils 

6 and commissions, non-Federal resource managers, 

7 and scientific experts on decision making and adap8 tation related to ocean acidification and coastal 

9 acidification.’’; 

10 (3) in subsection (c)— 

11 (A) in paragraph (1)(C), by striking ‘‘sur12 face’’; 

13 (B) in paragraph (2), by inserting ‘‘and 

14 coastal acidification’’ after ‘‘ocean acidification’’ 

15 each place it appears; 

16 (C) in paragraph (3)— 

17 (i) by striking ‘‘input, and’’ and in18 serting ‘‘inputs,’’; 

19 (ii) by inserting ‘‘, marine food webs,’’ 

20 after ‘‘marine ecosystems’’; and 

21 (iii) by inserting ‘‘, and modeling that 

22 supports fisheries management’’ after 

23 ‘‘marine organisms’’; 


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1 (D) in paragraph (5), by inserting ‘‘and 

2 coastal acidification’’ after ‘‘ocean acidifica3 tion’’; and 

4 (E) by adding at the end the following new 

5 paragraph: 

6 ‘‘(6) Research to understand related and cumu7 lative stressors and other biogeochemical processes 

8 occurring in conjunction with ocean acidification and 

9 coastal acidification.’’; and 

10 (4) by striking subsection (e) and inserting the 

11 following: 

12 ‘‘(e) ADVISORY BOARD EVALUATION.—Not later 

13 than 180 days before a plan is submitted to Congress, the 

14 Subcommittee shall provide the Advisory Board estab15 lished under section 12404(c) a copy of the plan for pur16 poses of review under paragraph (2)(B)(i) of such section. 

17 ‘‘(f) PUBLICATION AND PUBLIC COMMENT.—Not 

18 later than 90 days before the strategic research plan, or 

19 any revision thereof, is submitted to Congress, the Sub20 committee shall publish the plan in the Federal Register 

21 and provide an opportunity for submission of public com22 ments for a period of not less than 60 days.’’. 


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1 SEC. 1125. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN2 ISTRATION OCEAN ACIDIFICATION ACTIVI3 TIES. 

4 Section 12406 of the Federal Ocean Acidification Re5 search And Monitoring Act of 2009 (33 U.S.C. 3705) is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) in the matter preceding paragraph (1), 

9 by inserting ‘‘coordination,’’ after ‘‘research, 

10 monitoring,’’; 

11 (B) in paragraph (1)— 

12 (i) in subparagraph (B)— 

13 (I) by inserting ‘‘including the 

14 Integrated Ocean Observing System 

15 and the ocean observing assets of 

16 other Federal and State agencies,’’ 

17 after ‘‘ocean observing assets,’’; and 

18 (II) by inserting ‘‘and agency 

19 and department missions, prioritizing 

20 the location of monitoring instru21 ments, assets, and projects to maxi22 mize the efficiency of resources and to 

23 optimize understanding of socio24 economic impacts and ecosystem 

25 health’’ after ‘‘research program’’; 

26 (ii) in subparagraph (C)— 


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1 (I) by striking ‘‘adaptation’’ and 

2 inserting ‘‘adaptation and mitigation’’; 

3 and 

4 (II) by inserting ‘‘and supporting 

5 socioeconomically vulnerable commu6 nities and industries’’ after ‘‘marine 

7 ecosystems’’; 

8 (iii) in subparagraph (E), by striking 

9 ‘‘its impacts’’ and inserting ‘‘their respec10 tive impacts’’; 

11 (iv) in subparagraph (F), by striking 

12 ‘‘monitoring and impacts research’’ and in13 serting ‘‘research, monitoring, and adapta14 tion and mitigation strategies’’; and 

15 (v) by adding at the end the following 

16 new subparagraph: 

17 ‘‘(G) research to improve understanding of 

18 the effect of— 

19 ‘‘(i) other environmental stressors on 

20 ocean acidification and coastal acidifica21 tion; 

22 ‘‘(ii) multiple environmental stressors 

23 on living marine resources and coastal eco24 systems; and 


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1 ‘‘(iii) adaptation and mitigation strat2 egies to address the socioeconomic impacts 

3 of ocean acidification and coastal acidifica4 tion.’’; 

5 (C) in paragraph (2), by striking ‘‘critical 

6 research projects that explore’’ and inserting 

7 ‘‘critical research and education projects that 

8 explore and communicate’’; and 

9 (D) in paragraphs (1) and (2), by striking 

10 ‘‘acidification’’ each place it appears and insert11 ing ‘‘acidification and coastal acidification’’; 

12 and 

13 (2) by adding at the end the following new sub14 sections: 

15 ‘‘(c) RELATIONSHIP TO INTERAGENCY WORKING

16 GROUP.—The National Oceanic and Atmospheric Admin17 istration shall serve as the lead Federal agency responsible 

18 for coordinating the Federal response to ocean acidifica19 tion and coastal acidification, by— 

20 ‘‘(1) leading the interagency working group in 

21 implementing the strategic research plan under sec22 tion 12405; 

23 ‘‘(2) coordinating monitoring and research ef24 forts among Federal agencies in cooperation with 


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1 State, local, and Tribal government and inter2 national partners; 

3 ‘‘(3) maintaining an Ocean Acidification Infor4 mation Exchange described under section 

5 12404(b)(5) to allow for information to be electroni6 cally accessible, including information— 

7 ‘‘(A) on ocean acidification developed 

8 through or used by the ocean acidification pro9 gram described under section 12406(a); or 

10 ‘‘(B) that would be useful to State govern11 ments, local governments, Tribal governments, 

12 resource managers, policymakers, researchers, 

13 and other stakeholders in mitigating or adapt14 ing to the impacts of ocean acidification and 

15 coastal acidification; and 

16 ‘‘(4) establishing and maintaining the data ar17 chive system under subsection (d). 

18 ‘‘(d) DATA ARCHIVE SYSTEM.— 

19 ‘‘(1) MANAGEMENT.—The Secretary, in coordi20 nation with members of the interagency working 

21 group, shall provide for the long-term stewardship 

22 of, and access to, data relating to ocean acidification 

23 and coastal acidification by establishing and main24 taining a data archive system that the National Cen25 ter for Environmental Information uses to process, 


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1 store, archive, provide access to, and incorporate to 

2 the extent possible, such data collected— 

3 ‘‘(A) through relevant federally funded re4 search; and 

5 ‘‘(B) by a Federal agency, State agency, 

6 local agency, Tribe, academic scientist, volun7 teer scientist, or industry organization. 

8 ‘‘(2) EXISTING GLOBAL OR NATIONAL DATA AS9 SETS.—In establishing and maintaining the data ar10 chive system under paragraph (1), the Secretary 

11 shall ensure that existing global or national data as12 sets (including the data assets maintained by the 

13 National Centers for Environmental Information, 

14 the Integrated Ocean Observing System, and other 

15 existing data systems within Federal agencies) are 

16 incorporated to the greatest extent possible. 

17 ‘‘(e) STANDARDS, PROTOCOLS, AND PROCEDURES.— 

18 With respect to the data described in subsection (d), the 

19 Secretary, in coordination with members of the inter20 agency working group, shall establish and revise as nec21 essary the standards, protocols, or procedures for— 

22 ‘‘(1) processing, storing, archiving, and pro23 viding access to such data; 

24 ‘‘(2) the interoperability and intercalibration of 

25 such data; 


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1 ‘‘(3) the collection of any metadata underlying 

2 such data; and 

3 ‘‘(4) sharing such data with State, local, and 

4 Tribal government programs, potentially affected in5 dustry members, coastal stakeholders, fishery man6 agement councils and commissions, non-Federal re7 source managers, and academia. 

8 ‘‘(f) DISSEMINATION OF OCEAN ACIDIFICATION

9 DATA AND COASTAL ACIDIFICATION DATA.—The Sec10 retary, in coordination with members of the interagency 

11 working group, shall disseminate the data described under 

12 subsection (d) to the greatest extent practicable by sharing 

13 such data on full and open access exchanges, including 

14 the Ocean Acidification Information Exchange described 

15 in section 12404(b)(5). 

16 ‘‘(g) REQUIREMENT.—Recipients of grants from the 

17 National Oceanic and Atmospheric Administration under 

18 this subtitle that collect data described under subsection 

19 (d) shall— 

20 ‘‘(1) collect such data in accordance with the 

21 standards, protocols, or procedures established pur22 suant to subsection (e); and 

23 ‘‘(2) submit such data to the data archive sys24 tem under subsection (d), in accordance with any 

25 rules promulgated by the Secretary.’’. 


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1 SEC. 1126. NATIONAL SCIENCE FOUNDATION OCEAN ACIDI2 FICATION ACTIVITIES. 

3 Section 12407 of the Federal Ocean Acidification Re4 search And Monitoring Act of 2009 (33 U.S.C. 3706) is 

5 amended— 

6 (1) by striking ‘‘ocean acidification’’ each place 

7 it appears and inserting ‘‘ocean acidification and 

8 coastal acidification’’; 

9 (2) in subsection (a)— 

10 (A) in the matter preceding paragraph 

11 (1)— 

12 (i) by striking ‘‘continue’’ and all that 

13 follows through ‘‘which shall’’; 

14 (ii) by striking ‘‘proposals for re15 search’’ and inserting ‘‘proposals for the 

16 researching’’; and 

17 (iii) by striking ‘‘its impacts’’ and in18 serting ‘‘their respective impacts’’; 

19 (B) in paragraph (1), by striking ‘‘marine 

20 ecosystems’’ and inserting ‘‘ecosystems’’; 

21 (C) in paragraph (2), by striking ‘‘; and’’ 

22 at the end and inserting a semicolon; 

23 (D) in paragraph (3)— 

24 (i) by striking ‘‘and its impacts’’ and 

25 inserting ‘‘and their respective impacts’’; 

26 and 


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1 (ii) by striking the period at the end 

2 and inserting ‘‘; and’’; and 

3 (E) by adding at the end the following new 

4 paragraph: 

5 ‘‘(4) adaptation and mitigation strategies to ad6 dress socioeconomic effects of ocean acidification and 

7 coastal acidification.’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(d) REQUIREMENT.—Recipients of grants from the 

10 National Science Foundation under this subtitle that col11 lect data described under section 12406(d) shall— 

12 ‘‘(1) collect data in accordance with the stand13 ards, protocols, or procedures established pursuant 

14 to section 12406(e); and 

15 ‘‘(2) submit such data to the Director and the 

16 Secretary, in accordance with any rules promulgated 

17 by the Director or the Secretary.’’. 

18 SEC. 1127. NATIONAL AERONAUTICS AND SPACE ADMINIS19 TRATION OCEAN ACIDIFICATION ACTIVITIES. 

20 Section 12408 of the Federal Ocean Acidification Re21 search And Monitoring Act of 2009 (33 U.S.C. 3707) is 

22 amended— 

23 (1) by striking ‘‘ocean acidification’’ each place 

24 it appears and inserting ‘‘ocean acidification and 

25 coastal acidification’’; 


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1 (2) in subsection (a), by striking ‘‘its impacts’’ 

2 and inserting ‘‘their respective impacts’’; and 

3 (3) by adding at the end the following new sub4 section: 

5 ‘‘(d) REQUIREMENT.—Researchers from the National 

6 Aeronautics and Space Administration under this subtitle 

7 that collect data described under section 12406(d) shall— 

8 ‘‘(1) collect such data in accordance with the 

9 standards, protocols, or procedures established pur10 suant to section 12406(e); and 

11 ‘‘(2) submit such data to the Administrator and 

12 the Secretary, in accordance with any rules promul13 gated by the Administrator or the Secretary.’’. 

14 SEC. 1128. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 12409 of the Federal Ocean Acidification Re16 search And Monitoring Act of 2009 (33 U.S.C. 3708) is 

17 amended— 

18 (1) in subsection (a), by striking ‘‘subtitle—’’ 

19 and all that follows through paragraph (4) and in20 serting the following: ‘‘subtitle $30.5 million for 

21 each of the fiscal years 2021 through 2025.’’; and 

22 (2) in subsection (b), by striking ‘‘subtitle—’’ 

23 and all that follows through paragraph (4) and in24 serting the following: ‘‘subtitle $20 million for each 

25 of the fiscal years 2021 through 2025.’’. 


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1 Subtitle D—South Florida Clean 

2 Coastal Waters 

3 SEC. 1131. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND 

4 HYPOXIA ASSESSMENT AND ACTION PLAN. 

5 (a) IN GENERAL.—The Harmful Algal Bloom and 

6 Hypoxia Research and Control Act of 1998 (33 U.S.C. 

7 4001 et seq.) is amended— 

8 (1) by redesignating sections 605 (33 U.S.C. 

9 4005) through 609 (33 U.S.C. 4009) as sections 

10 606 through 610, respectively; and 

11 (2) by inserting after section 604 (33 U.S.C. 

12 4004) the following: 

13 ‘‘SEC. 605. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND 

14 HYPOXIA. 

15 ‘‘(a) SOUTH FLORIDA.—In this section, the term 

16 ‘South Florida’ means— 

17 ‘‘(1) all lands and waters within the administra18 tive boundaries of the South Florida Water Manage19 ment District; 

20 ‘‘(2) regional coastal waters, including Biscayne 

21 Bay, the Caloosahatchee Estuary, St. Lucie Estuary, 

22 Florida Bay, and Indian River Lagoon; and 

23 ‘‘(3) the Florida Reef Tract. 

24 ‘‘(b) INTEGRATED ASSESSMENT.— 


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1 ‘‘(1) INTERIM INTEGRATED ASSESSMENT.—Not 

2 later than 540 days after the date of enactment of 

3 the Ocean-Based Climate Solutions Act of 2020, the 

4 Task Force, in accordance with the authority under 

5 section 603, shall complete and submit to Congress 

6 and the President an interim integrated assessment. 

7 ‘‘(2) FINAL INTEGRATED ASSESSMENT.—Not 

8 later than 3 years after the date of the enactment 

9 of the Ocean-Based Climate Solutions Act of 2020, 

10 the Task Force shall finalize, and submit to Con11 gress and the President, the interim integrated as12 sessment required under paragraph (1). 

13 ‘‘(3) CONTENTS OF THE INTEGRATED ASSESS14 MENT.—The integrated assessment required under 

15 paragraphs (1) and (2) shall examine the causes, 

16 consequences, and potential approaches to reduction 

17 of harmful algal blooms and hypoxia in South Flor18 ida, and the status of, and gaps within, current 

19 harmful algal bloom and hypoxia research, moni20 toring, management, prevention, response, and con21 trol activities that directly affect the region by— 

22 ‘‘(A) Federal agencies; 

23 ‘‘(B) State agencies; 

24 ‘‘(C) regional research consortia; 

25 ‘‘(D) academia; 


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1 ‘‘(E) private industry; 

2 ‘‘(F) nongovernmental organizations; and 

3 ‘‘(G) Indian Tribes (as defined in section 

4 4 of the Indian Self-Determination and Edu5 cation Assistance Act (25 U.S.C. 5304)). 

6 ‘‘(c) ACTION PLAN.— 

7 ‘‘(1) IN GENERAL.—Not later than 3 years and 

8 6 months after the date of the enactment of the 

9 Ocean-Based Climate Solutions Act of 2020, the 

10 Task Force shall develop and submit to Congress an 

11 action plan, based on the integrated assessment 

12 under subsection (b), for reducing, mitigating, and 

13 controlling harmful algal blooms and hypoxia in 

14 South Florida. 

15 ‘‘(2) CONTENTS.—The action plan submitted 

16 under paragraph (1) shall— 

17 ‘‘(A) address the monitoring needs identi18 fied in the integrated assessment under sub19 section (b); 

20 ‘‘(B) include a timeline and budgetary re21 quirements for deployment of future assets; 

22 ‘‘(C) identify requirements for the develop23 ment and verification of South Florida harmful 

24 algal bloom and hypoxia models, including— 


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1 ‘‘(i) all assumptions built into the 

2 models; and 

3 ‘‘(ii) data quality methods used to en4 sure the best available data are utilized; 

5 and 

6 ‘‘(D) include a plan to implement a remote 

7 monitoring network and early warning system 

8 for alerting local communities in the region to 

9 harmful algal bloom risks that may impact 

10 human health. 

11 ‘‘(3) REQUIREMENTS.—In developing the action 

12 plan submitted under paragraph (1), the Task Force 

13 shall— 

14 ‘‘(A) consult with the State of Florida, and 

15 affected local and Tribal governments; 

16 ‘‘(B) consult with representatives from re17 gional academic, agricultural, industry, and 

18 other stakeholder groups; 

19 ‘‘(C) ensure that such plan complements 

20 and does not duplicate activities conducted by 

21 other Federal or State agencies, including the 

22 South Florida Ecosystem Restoration Task 

23 Force; 


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1 ‘‘(D) identify critical research for reducing, 

2 mitigating, and controlling harmful algal bloom 

3 events and their effects; 

4 ‘‘(E) evaluate cost-effective, incentive5 based partnership approaches; 

6 ‘‘(F) ensure that such plan is technically 

7 sound and cost-effective; 

8 ‘‘(G) use existing research, assessments, 

9 reports, and program activities; and 

10 ‘‘(H) publish a draft summary of the ac11 tion plan required by paragraph (1) in the Fed12 eral Register not less than 180 days before sub13 mitting such plan to Congress. 

14 ‘‘(4) The Task Force shall submit, beginning 2 

15 years after the date on which the action plan re16 quired by paragraph (1) is submitted to Congress, 

17 biennial progress reports on steps taken to meet the 

18 objectives of such action plan to Congress.’’. 

19 (b) CLERICAL AMENDMENT AND CORRECTION.—The 

20 table of contents in section 2 of the Coast Guard Author21 ization Act of 1998 (Public Law 105–383) is amended by 

22 striking the items relating to title VI and inserting the 

23 following new items: 

‘‘TITLE VI—HARMFUL ALGAL BLOOMS AND HYPOXIA 

‘‘Sec. 601. Short title. 

‘‘Sec. 602. Findings. 

‘‘Sec. 603. Assessments. 


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‘‘Sec. 603A. National Harmful Algal Bloom and Hypoxia Program. 

‘‘Sec. 603B. Comprehensive research plan and action strategy. 

‘‘Sec. 604. Northern Gulf of Mexico hypoxia. 

‘‘Sec. 605. South Florida harmful algal blooms and hypoxia. 

‘‘Sec. 606. Great Lakes hypoxia and harmful algal blooms. 

‘‘Sec. 607. Protection of States’ Rights. 

‘‘Sec. 608. Effect on other Federal authority. 

‘‘Sec. 609. Definitions. 

‘‘Sec. 610. Authorization of appropriations.’’. 

1 Subtitle E—Protecting Local Com2 munities From Harmful Algal 

3 Blooms 

4 SEC. 1141. ALGAL BLOOMS. 

5 Section 102(2) of the Robert T. Stafford Disaster 

6 Relief and Emergency Assistance Act (42 U.S.C. 5122) 

7 is amended by striking ‘‘or drought’’ and inserting 

8 ‘‘drought, or algal blooms’’. 

9 Subtitle F—Harmful Algal Bloom 

10 Essential Forecasting 

11 SEC. 1151. DESIGNATING CERTAIN HARMFUL ALGAL 

12 BLOOM SERVICES AS EXCEPTED SERVICES 

13 UNDER THE ANTI-DEFICIENCY ACT. 

14 (a) IN GENERAL.—Section 603A of the Harmful 

15 Algal Bloom and Hypoxia Research and Control Act of 

16 1998 (33 U.S.C. 4002) is amended by adding at the end 

17 the following subsection: 

18 ‘‘(j) ANTI-DEFICIENCY ACT APPLIED TO HARMFUL

19 ALGAL BLOOM SERVICES.—Any services by an officer or 

20 employee under this chapter, including web services and 

21 server processing, for the Harmful Algal Bloom forecast 


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1 system of the National Oceanic and Atmospheric Adminis2 tration shall be deemed, for purposes of section 1342 of 

3 title 31, United States Code, services for emergencies in4 volving the safety of human life or the protection of prop5 erty.’’. 

6 (b) APPLICATION.—The amendment made by sub7 section (a) shall apply to any lapse in appropriations be8 ginning on or after the date of enactment of this Act. 

9 SEC. 1152. CENTERS OF EXCELLENCE IN HARMFUL ALGAL 

10 BLOOM RESEARCH, PREVENTION, RESPONSE, 

11 AND MITIGATION. 

12 (a) ESTABLISHMENT.—Not later than one year after 

13 the date of the enactment of this Act, the Secretary of 

14 Commerce, acting through the Administrator of the Na15 tional Oceanic and Atmospheric Administration, shall des16 ignate organizations as National Centers of Excellence in 

17 Harmful Algal Bloom Research, Prevention, Response, 

18 and Mitigation. 

19 (b) PURPOSE.—The purpose of the Centers is— 

20 (1) to further understanding of harmful algal 

21 blooms; 

22 (2) to further understanding of the impacts of 

23 harmful algal blooms on public health, including the 

24 health of at-risk populations; 


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1 (3) to further the ability to research, forecast, 

2 and monitor harmful algal blooms; 

3 (4) to formalize and enhance existing partner4 ships and collaborations among institutions of higher 

5 education, research entities, local, State, Territorial, 

6 and Tribal agencies, and the Federal Government; 

7 (5) to further the prevention, control, and miti8 gation of harmful algal blooms; 

9 (6) to transition harmful algal bloom research 

10 and forecasting from observational to operational 

11 use; and 

12 (7) to address existing and emerging harmful 

13 algal bloom issues as the Administrator considers 

14 appropriate. 

15 (c) ELIGIBILITY FOR DESIGNATIONS.—To be eligible 

16 for designation under this section, an organization must— 

17 (1) be an institution of higher education, as 

18 that term is defined in section 101(a) of the Higher 

19 Education Act of 1965 (20 U.S.C. 1001(a)); a 

20 State, Territorial, or Tribal research agency; a non21 profit laboratory or other research entity; or a con22 sortium of such eligible institutions; 

23 (2) have demonstrated expertise and success in 

24 harmful algal bloom research, monitoring, fore25 casting, prevention, or response efforts; 


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1 (3) have demonstrated ability to collaborate 

2 with local, State, Territorial, and Tribal govern3 ments and Federal agencies on harmful algal 

4 blooms; and 

5 (4) be located in an area that is economically 

6 and environmentally impacted by harmful algal 

7 blooms. 

8 (d) REQUIREMENTS FOR DESIGNATIONS.—In desig9 nating National Centers of Excellence under this section 

10 the Administrator shall— 

11 (1) consult with the Inter-Agency Task Force 

12 on Harmful Algal Blooms and Hypoxia; 

13 (2) ensure regional balance by designating Na14 tional Centers in a variety of locations throughout 

15 the United States, including the District of Colum16 bia, the Commonwealth of Puerto Rico, American 

17 Samoa, Guam, the Commonwealth of the Northern 

18 Mariana Islands, the United States Virgin Islands, 

19 and other Territories and possessions of the United 

20 States; and 

21 (3) avoid duplication of other harmful algal 

22 bloom research. 

23 (e) EFFECTIVE PERIOD, REVIEW, AND RENEWAL.— 

24 Each designation of an organization as a National Center 

25 of Excellence under this section— 


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1 (1) shall be effective for 5 years; 

2 (2) shall be reviewed by the Secretary, acting 

3 through the Administrator of the National Oceanic 

4 and Atmospheric Administration, in the fourth year 

5 of such effective period; and 

6 (3) following such review, may be renewed for 

7 an additional 5-year period. 

8 (f) ANNUAL REPORTS.—The Secretary shall require 

9 and publish an annual activity report from each National 

10 Center of Excellence. 

11 (g) AUTHORIZATION OF APPROPRIATIONS.—To carry 

12 out this section, including for providing funding to Na13 tional Centers of Excellence designated under this section, 

14 there is authorized to be appropriated to the National Oce15 anic and Atmospheric Administration $12,500,000 for 

16 each of fiscal years 2021 through 2025, of which not more 

17 than 5 percent may be available each fiscal year for ad18 ministrative expenses. 


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1 TITLE XII—NATIONAL OCEAN 

2 POLICY, DATA, AND COORDI3 NATED WEBSITE FOR GRANT 

4 PROGRAMS 

5 Subtitle A—Regional Ocean 

6 Partnerships 

7 SEC. 1201. FINDINGS; SENSE OF CONGRESS; PURPOSES. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) The ocean and coastal waters of the United 

11 States are foundational to the economy, security, 

12 global competitiveness, and well-being of the United 

13 States and continuously serve the people of the 

14 United States and other countries as an important 

15 source of food, energy, economic productivity, recre16 ation, culture, beauty, and enjoyment. 

17 (2) Over many years, the resource productivity 

18 and water quality of the ocean and coastal areas of 

19 the United States have been diminished by pollution, 

20 increasing population demands, economic develop21 ment, and natural and man-made hazard events, 

22 both acute and chronic. 

23 (3) Ocean and coastal areas of the United 

24 States are managed by State and Federal resource 

25 agencies and regulated on an interstate and regional 


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1 scale by various overlapping Federal authorities, 

2 thereby creating a significant need for interstate co3 ordination to enhance regional priorities, including 

4 the ecological and economic health of those areas. 

5 (4) Regional Ocean Partnerships, established by 

6 coastal states working in close coordination with 

7 Federal agencies, regional fisheries managers, and 

8 Tribal governments, help coordinate interstate re9 sponses to critical ocean issues that extend beyond 

10 individual State boundaries. 

11 (5) Regional Ocean Partnerships have improved 

12 understanding of climate change’s impact on fish 

13 and shellfish populations, have invested in identi14 fying indicators of ocean health and addressing 

15 coastal mitigation, and have played leading roles in 

16 the creation and upkeep of regional ocean data por17 tals that allow for improved understanding of ocean 

18 use synergies and trade-offs. 

19 (6) Regional Ocean Partnerships engage in co20 ordinated efforts to protect and enhance the health 

21 of living resources and engage the public in steward22 ship of ocean and coastal areas. 

23 (7) The coordination offered by Regional Ocean 

24 Partnerships is particularly critical in the era of cli25 mate change, with coastal and ocean resources under 


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1 threat and as demand for offshore resources in2 creases. 

3 (b) PURPOSES.—The purposes of this subtitle are as 

4 follows: 

5 (1) To complement and expand cooperative vol6 untary efforts intended to manage and restore ocean 

7 and coastal areas spanning across multiple State 

8 boundaries. 

9 (2) To expand Federal support for monitoring, 

10 data management, and restoration activities in ocean 

11 and coastal areas. 

12 (3) To commit the United States to a com13 prehensive cooperative program to achieve improved 

14 water quality in, and improvements in the produc15 tivity of living resources of, all coastal ecosystems. 

16 (4) To authorize Regional Ocean Partnerships 

17 as intergovernmental coordinators for shared inter18 state and regional priorities relating to the collabo19 rative management of the large marine ecosystems, 

20 thereby reducing duplication of efforts and maxi21 mizing opportunities to leverage support in the 

22 ocean and coastal regions. 

23 (5) To enable Regional Ocean Partnerships, or 

24 designated fiscal management entities of such part25 nerships, to receive Federal funding to conduct the 


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1 scientific research, conservation and restoration ac2 tivities, and priority coordination on shared regional 

3 priorities necessary to achieve the purposes described 

4 in paragraphs (1) through (4). 

5 SEC. 1202. REGIONAL OCEAN PARTNERSHIPS. 

6 (a) DEFINITIONS.—In this subtitle: 

7 (1) COASTAL STATE.—The term ‘‘coastal state’’ 

8 has the meaning given that term in section 304 of 

9 the Coastal Zone Management Act of 1972 (16 

10 U.S.C. 1453). 

11 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

12 has the meaning given to the term ‘‘Indian tribe’’ in 

13 section 4 of the Indian Self-Determination and Edu14 cation Assistance Act (25 U.S.C. 5304). 

15 (b) REGIONAL OCEAN PARTNERSHIPS.— 

16 (1) IN GENERAL.—A coastal state may partici17 pate in a Regional Ocean Partnership with 1 or 

18 more other coastal states that share a common 

19 ocean or coastal area with the coastal state, without 

20 regard to whether the coastal states are contiguous. 

21 (2) APPLICATION.—The Governor of a coastal 

22 state or the Governors of a group of coastal states 

23 may apply to the Secretary of Commerce, on behalf 

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1 ignation as a Regional Ocean Partnership if the 

2 partnership— 

3 (A) meets the requirements under para4 graph (3); and 

5 (B) submits an application for such des6 ignation in such manner, in such form, and 

7 containing such information as the Secretary 

8 may require. 

9 (3) REQUIREMENTS.—A partnership is eligible 

10 for designation as a Regional Ocean Partnership by 

11 the Secretary under paragraph (2) if the partner12 ship— 

13 (A) is established to coordinate the inter14 state management of coastal resources; 

15 (B) focuses on the environmental issues af16 fecting the ocean and coastal areas of the mem17 bers participating in the partnership; 

18 (C) complements existing State coastal and 

19 ocean management efforts on an interstate 

20 scale, focusing on shared regional priorities; 

21 (D) does not have a regulatory function; 

22 and 

23 (E) is not duplicative of an existing Re24 gional Ocean Partnership designated under 

25 paragraph (4), as determined by the Secretary. 


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1 (4) DESIGNATION OF CERTAIN ENTITIES AS RE2 GIONAL OCEAN PARTNERSHIPS.—Notwithstanding 

3 paragraph (2) or (3), the following entities are des4 ignated as Regional Ocean Partnerships: 

5 (A) The Gulf of Mexico Alliance, comprised 

6 of the States of Alabama, Florida, Louisiana, 

7 Mississippi, and Texas. 

8 (B) The Northeast Regional Ocean Coun9 cil, comprised of the States of Maine, Vermont, 

10 New Hampshire, Massachusetts, Connecticut, 

11 and Rhode Island. 

12 (C) The Mid-Atlantic Regional Council on 

13 the Ocean, comprised of the States of New 

14 York, New Jersey, Delaware, Maryland, and 

15 Virginia. 

16 (D) The West Coast Ocean Alliance, com17 prised of the States of California, Oregon, and 

18 Washington and the coastal Indian Tribes 

19 therein. 

20 (c) GOVERNING BODIES OF REGIONAL OCEAN PART21 NERSHIPS.— 

22 (1) IN GENERAL.—A Regional Ocean Partner23 ship designated under subsection (b) shall be gov24 erned by a governing body. 


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1 (2) MEMBERSHIP.—A governing body described 

2 in paragraph (1)— 

3 (A) shall be comprised, at a minimum, of 

4 voting members from each coastal state partici5 pating in the Regional Ocean Partnership, des6 ignated by the Governor of the coastal state; 

7 and 

8 (B) may include such other members as 

9 the partnership considers appropriate. 

10 (d) FUNCTIONS.—A Regional Ocean Partnership des11 ignated under subsection (b) may perform the following 

12 functions: 

13 (1) Promote coordination of the actions of the 

14 agencies of coastal states participating in the part15 nership with the actions of the appropriate officials 

16 of Federal agencies and State and Tribal govern17 ments in developing strategies— 

18 (A) to conserve living resources, expand 

19 and protect valuable habitats, enhance coastal 

20 resilience, and address such other issues related 

21 to the shared ocean or coastal area as are de22 termined to be a shared, regional priority by 

23 those States; and 


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1 (B) to manage regional data portals and 

2 develop associated data products for purposes 

3 that support the priorities of the partnership. 

4 (2) In cooperation with appropriate Federal and 

5 State agencies, Tribal governments, and local au6 thorities, develop and implement specific action 

7 plans to carry out coordination goals. 

8 (3) Coordinate and implement priority plans 

9 and projects, and facilitate science, research, mod10 eling, monitoring, data collection, and other activi11 ties that support the goals of the partnership 

12 through the provision of grants and contracts under 

13 subsection (e). 

14 (4) Engage, coordinate, and collaborate with 

15 relevant governmental entities and stakeholders to 

16 address ocean and coastal related matters that re17 quire interagency or intergovernmental solutions. 

18 (5) Implement engagement programs for public 

19 information, education, and participation to foster 

20 stewardship of the resources of the ocean and coast21 al areas, as relevant. 

22 (6) Develop and make available, through publi23 cations, technical assistance, and other appropriate 

24 means, information pertaining to cross-jurisdictional 


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1 issues being addressed through the coordinated ac2 tivities of the partnership. 

3 (7) Serve as a liaison with, and provide infor4 mation to, international counterparts, as appropriate 

5 on priority issues for the partnership. 

6 (e) GRANTS AND CONTRACTS.— 

7 (1) IN GENERAL.—A Regional Ocean Partner8 ship designated under subsection (b) may, in coordi9 nation with existing Federal and State management 

10 programs, from amounts made available to the part11 nership by the Administrator or the head of another 

12 Federal agency— 

13 (A) provide grants to eligible persons de14 scribed in paragraph (2) for the purposes de15 scribed in paragraph (3); and 

16 (B) enter into contracts with such persons 

17 for such purposes. 

18 (2) ELIGIBLE PERSONS.—The eligible persons 

19 described in this paragraph are the following: 

20 (A) Indian Tribes. 

21 (B) State and local governments. 

22 (C) Nongovernmental organizations. 

23 (D) Institutions of higher education. 

24 (E) Individuals. 

25 (F) Private entities. 


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1 (3) PURPOSES.—The purposes described in this 

2 paragraph include any of the following: 

3 (A) Monitoring the water quality and living 

4 resources of multi-State ocean and coastal eco5 systems and to coastal communities. 

6 (B) Researching and addressing the effects 

7 of natural and human-induced environmental 

8 changes to— 

9 (i) ocean and coastal ecosystems; and 

10 (ii) coastal communities. 

11 (C) Developing and executing cooperative 

12 strategies that— 

13 (i) address regional data issues identi14 fied by the partnership; and 

15 (ii) will result in more effective man16 agement of common ocean and coastal 

17 areas. 

18 (f) REPORTS AND ASSESSMENTS.— 

19 (1) IN GENERAL.—Not later than 5 years after 

20 the date of the enactment of this Act, and every 5 

21 years thereafter until 2040, the Administrator, in 

22 coordination with the Regional Ocean Partnerships 

23 designated under subsection (b), shall— 

24 (A) assess the effectiveness of the partner25 ships in supporting regional priorities relating 


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1 to the management of common ocean and coast2 al areas; and 

3 (B) submit to Congress a report on that 

4 assessment. 

5 (2) REPORT REQUIREMENTS.—The report re6 quired under paragraph (1)(B) shall include the fol7 lowing: 

8 (A) An assessment of the overall status of 

9 the work of the Regional Ocean Partnerships 

10 designated under subsection (b). 

11 (B) An assessment of the effectiveness of 

12 the strategies that the Regional Ocean Partner13 ships are supporting or implementing and the 

14 extent to which the priority needs of the regions 

15 covered by such partnerships are being met 

16 through such strategies. 

17 (C) Such recommendations as the Admin18 istrator may have for the improvement of ef19 forts of the Regional Ocean Partnerships to 

20 support the purposes of this Act. 

21 (D) An assessment of how the efforts of 

22 the Regional Ocean Partnerships support or en23 hance Federal and State efforts in line with the 

24 purposes of this Act. 


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1 (E) Recommendations for improvements to 

2 the collective strategies that support the pur3 poses of this Act in coordination and consulta4 tion with all relevant Federal, State, and Tribal 

5 entities. 

6 (g) AVAILABILITY OF FEDERAL FUNDS.—In addition 

7 to amounts made available to Regional Ocean Partner8 ships designated under subsection (b) by the Adminis9 trator under this section, the head of any other Federal 

10 agency may provide grants to, enter into contracts with, 

11 or otherwise provide funding to such partnerships. 

12 (h) AUTHORITIES.—Nothing in this section estab13 lishes any new legal or regulatory authority of the Na14 tional Oceanic and Atmospheric Administration or of the 

15 Regional Ocean Partnerships designated under subsection 

16 (b), other than— 

17 (1) the authority of the Administrator to pro18 vide amounts to the partnerships; and 

19 (2) the authority of the partnerships to provide 

20 grants and enter into contracts under subsection (e). 

21 (i) FUNDING.— 

22 (1) IN GENERAL.—Of amounts authorized to be 

23 appropriated to the National Oceanic and Atmos24 pheric Administration, the Administrator may make 

25 the following amounts available to Regional Ocean 


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1 Partnerships designated under subsection (b) or des2 ignated fiscal management entities of such partner3 ships to carry out activities of the partnerships 

4 under this Act: 

5 (A) $10,000,000 for fiscal year 2021. 

6 (B) $10,100,000 for fiscal year 2022. 

7 (C) $10,202,000 for fiscal year 2023. 

8 (D) $10,306,040 for fiscal year 2024. 

9 (E) $10,412,160 for fiscal year 2025. 

10 (F) $10,520,404 for fiscal year 2026. 

11 (2) DISTRIBUTION OF AMOUNTS.—Amounts 

12 made available under paragraph (1) shall be divided 

13 evenly among the Regional Ocean Partnerships des14 ignated under subsection (b). 

15 (3) AVAILABILITY OF AMOUNTS.—Amounts 

16 made available under paragraph (1) shall remain 

17 available until expended. 

18 Subtitle B—Data and Scientific 

19 Coordination 

20 SEC. 1211. INCREASED COORDINATION AMONG AGENCIES 

21 WITH RESPECT TO DATA AND MONITORING. 

22 (a) INTERAGENCY OCEAN OBSERVATION COM23 MITTEE.—In addition to its responsibilities as of the date 

24 of the enactment of this Act, and in consultation with the 

25 associated advisory committee authorized by section 


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1 12304(d) of the Integrated Coastal and Ocean Observa2 tion System Act of 2009 (33 U.S.C. 3603(d)), the Inter3 agency Ocean Observation Committee shall— 

4 (1) work with international coordinating bodies, 

5 as necessary, to ensure robust, direct measurements 

6 of the Great Lakes, oceans, bays, estuaries, and 

7 coasts, including oceanographic data; 

8 (2) coordinate supercomputing capacity, data 

9 storage capacity, and public access across agencies; 

10 and 

11 (3) support cross-agency and multi-platform 

12 synergy, by coordinating overlapping data collection 

13 by satellites, buoys, submarines, gliders, vessels, and 

14 other data collection vehicles and technologies. 

15 (b) FEDERAL GEOGRAPHIC DATA COMMITTEE.—In 

16 addition to its responsibilities as of the date of the enact17 ment of this Act, and in consultation with the National 

18 Geospatial Advisory Committee, the Federal Geographic 

19 Data Committee shall— 

20 (1) work with international coordinating bodies, 

21 as necessary, to ensure robust, continuous measure22 ments of the Great Lakes, oceans, bays, estuaries, 

23 and coasts, including satellite and geospatial data; 

24 (2) coordinate supercomputing capacity, data 

25 storage capacity, and public access across agencies; 


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1 (3) develop and deploy cross-agency, real-time, 

2 standardized, centralized, archived, open-source, and 

3 publicly available databases (using declassified infor4 mation to the extent possible) for all federally fund5 ed observational and model data, using the example 

6 of the World Ocean Database; and 

7 (4) support new and old data and metadata cer8 tification, quality assurance, quality control, integra9 tion, and archiving. 

10 (c) INTERAGENCY COMMITTEE ON OCEAN AND

11 COASTAL MAPPING.—In addition to its responsibilities as 

12 of the date of the enactment of this Act, and in consulta13 tion with its associated advisory panel authorized by sec14 tion 12203(g) of the Ocean and Coastal Mapping Integra15 tion Act (33 U.S.C. 3502(g)), the Interagency Committee 

16 on Ocean and Coastal Mapping shall— 

17 (1) work with international coordinating bodies, 

18 as necessary, to ensure robust, continuous satellite 

19 and direct measurements of the Great Lakes, 

20 oceans, bays, estuaries, and coasts, including bathy21 metric data; 

22 (2) coordinate supercomputing capacity, data 

23 storage capacity, and public access across agencies; 

24 (3) make recommendations on how to make 

25 data, metadata, and model output accessible to a 


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1 broader public audience, including through geo2 graphic information system layers, graphics, and 

3 other visuals; and 

4 (4) develop and initiate a research agenda to 

5 improve understanding of inundation risks to coastal 

6 areas as a result of the climate crisis and to meet 

7 the information needs of decision-makers as such de8 cision-makers consider how to appropriately adapt 

9 and increase resilience to such effects. 

10 SEC. 1212. INTERAGENCY OCEAN EXPLORATION COM11 MITTEE. 

12 (a) ESTABLISHMENT.—The President shall establish 

13 a committee to promote the exploration and improved un14 derstanding of the oceans, to be known as the ‘‘Inter15 agency Ocean Exploration Committee’’. 

16 (b) MEMBERSHIP.—The Interagency Ocean Explo17 ration Committee shall be composed of not fewer than 1 

18 senior-level representative from each of the following Fed19 eral agencies: 

20 (1) The Department of the Navy. 

21 (2) The Department of the Interior. 

22 (3) The Department of Commerce. 

23 (4) The Coast Guard. 

24 (5) The Office of Management and Budget. 

25 (6) The Council on Environmental Quality. 


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1 (7) The Office of Science and Technology Pol2 icy. 

3 (8) The Department of State. 

4 (9) The National Science Foundation. 

5 (10) The National Aeronautics and Space Ad6 ministration. 

7 (11) The Subcommittee on Ocean Science and 

8 Technology of the National Science and Technology 

9 Council. 

10 (12) The elements of the intelligence commu11 nity (as defined in section 3 of the National Security 

12 Act of 1947 (50 U.S.C. 3003)), as the President 

13 considers appropriate. 

14 (c) DUTIES.—The Interagency Ocean Exploration 

15 Committee shall— 

16 (1) cultivate public-private partnerships, includ17 ing with Federal agencies, academic institutions, 

18 nongovernmental organizations, technology compa19 nies, and international partners, to develop and de20 ploy advanced technologies to explore and charac21 terize the oceans; and 

22 (2) coordinate the application of existing inno23 vative technologies and development of emerging 

24 technologies to promote the understanding, mapping, 

25 and collection of data describing the oceans and the 


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1 changes the oceans are experiencing and are antici2 pated to experience in the future, such as changes 

3 in temperature, salinity, oxygenation, and acidity, 

4 and the biological consequences of those changes. 

5 SEC. 1213. COMMITTEE ON OCEAN POLICY. 

6 (a) ESTABLISHMENT.—There is established in the 

7 Executive Office of the President a Committee on Ocean 

8 Policy, which— 

9 (1) succeeds the Ocean Policy Committee estab10 lished on June 19, 2018, by Executive Order 13840 

11 (83 Fed. Reg. 29431; relating to ocean policy); 

12 (2) shall continue the activities of that com13 mittee as it was in existence on the day before the 

14 date of the enactment of this Act; and 

15 (3) shall carry out the functions described in 

16 subsection (b). 

17 (b) FUNCTIONS.—The Committee on Ocean Policy 

18 shall— 

19 (1) facilitate coordination and integration of 

20 Federal activities in ocean and coastal waters to in21 form ocean policy and identify priority ocean re22 search, technology, and data needs; 

23 (2) engage and collaborate with stakeholders, 

24 including Regional Ocean Partnerships, to address 


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1 ocean-related matters that may require interagency 

2 or intergovernmental solutions; 

3 (3) evaluate threats to coastal communities 

4 from storm and sea level rise and define, implement, 

5 and coordinate needed policies and programs to ad6 vance national preparedness for and resilience to 

7 more severe storms and rising sea levels; and 

8 (4) coordinate Federal agencies to ensure Fed9 eral activities in ocean and coastal waters promote 

10 healthy ecosystems for fisheries and wildlife con11 servation that are resilient to the impacts of climate 

12 change and provide for climate benefits. 

13 SEC. 1214. BUILDING DATA SOURCES. 

14 (a) ENGAGING INDIGENOUS, SUBSISTENCE, AND

15 FISHING COMMUNITIES.— 

16 (1) IN GENERAL.—The Administrator shall es17 tablish opportunities to engage Indigenous, subsist18 ence, and fishing communities to understand the 

19 needs of those communities and to provide improved 

20 products and services that are practical and useful 

21 to those communities, including collecting and inte22 grating traditional ecological data and narrative 

23 records into national and regional datasets. 

24 (2) DATA RIGHTS.—In carrying out paragraph 

25 (1), the Administrator shall— 


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1 (A) consider issues relating to data owner2 ship; and 

3 (B) ensure that Indigenous, subsistence, 

4 and fishing communities retain any specific 

5 rights or ownership of data provided to Federal 

6 agencies. 

7 (b) REPORT TO CONGRESS.— 

8 (1) REPORT REQUIRED.—Not later than 1 year 

9 after the date of the enactment of this Act, the Ad10 ministrator shall submit to Congress a report identi11 fying potential opportunities to encourage voluntary 

12 actions and partnerships between the National Oce13 anic and Atmospheric Administration and non-Fed14 eral partners to increase and enhance data collec15 tion. 

16 (2) OPPORTUNITIES FOR PARTNERSHIP.—The 

17 opportunities described in paragraph (1) may in18 clude opportunities that can be pursued in conjunc19 tion with Federal permits, leases, and other actions 

20 requiring Federal approval or funding, such as 

21 partnering with companies to acquire and share 

22 bathymetric data or supplying fishermen with sen23 sors that can collect data through fishing gear. 


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1 SEC. 1215. NATIONAL SEA LEVEL RISE RISK ANALYSIS. 

2 (a) PURPOSES.—The Administrator shall establish a 

3 National Coastal Data Information System to— 

4 (1) combine existing observations, modeling, 

5 predictions, products and services into an integrated 

6 framework for producing and maintaining authori7 tative and timely data, maps and information serv8 ices which quantify and communicate coastal flood 

9 risk to the States; 

10 (2) develop and strengthen partnerships with 

11 organizations that represent end users within coastal 

12 communities, including other Federal agencies, to 

13 better assess information gaps and needs relating to 

14 the risk posed by the rising sea level; and 

15 (3) produce new information products and serv16 ices, targeted to end-user needs, that allow coastal 

17 communities across the United States to plan for 

18 present and future coastal flood risk. 

19 (b) REPORT.—The Administrator shall, not less than 

20 180 days after the date of enactment of this section and 

21 every 3 years thereafter, provide the Committee on Nat22 ural Resources of the House of Representatives with a re23 port containing holistic analysis of the need to expand ob24 servations, modeling, predictions, products and services 

25 to— 


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1 (1) improve the understanding of changing 

2 coastal flood risk, including the impacts of sea level 

3 rise; and 

4 (2) track and report how observed rates of sea 

5 level rise compare to the sea level rise predictions 

6 published within the National Climate Assessments. 

7 Subtitle C—Digital Coast 

8 SEC. 1221. DEFINITIONS. 

9 In this subtitle: 

10 (1) COASTAL REGION.—The term ‘‘coastal re11 gion’’ means the area of United States waters ex12 tending inland from the shoreline to include coastal 

13 watersheds and seaward to the territorial sea. 

14 (2) COASTAL STATE.—The term ‘‘coastal 

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

16 state’’ in section 304 of the Coastal Zone Manage17 ment Act of 1972 (16 U.S.C. 1453). 

18 (3) FEDERAL GEOGRAPHIC DATA COM19 MITTEE.—The term ‘‘Federal Geographic Data 

20 Committee’’ means the interagency committee that 

21 promotes the coordinated development, use, sharing, 

22 and dissemination of geospatial data on a national 

23 basis. 

24 (4) REMOTE SENSING AND OTHER

25 GEOSPATIAL.—The term ‘‘remote sensing and other 


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1 geospatial’’ means collecting, storing, retrieving, or 

2 disseminating graphical or digital data depicting 

3 natural or manmade physical features, phenomena, 

4 or boundaries of the Earth and any information re5 lated thereto, including surveys, maps, charts, sat6 ellite and airborne remote sensing data, images, 

7 LiDAR, and services performed by professionals 

8 such as surveyors, photogrammetrists, hydrog9 raphers, geodesists, cartographers, and other such 

10 services. 

11 SEC. 1222. ESTABLISHMENT OF THE DIGITAL COAST. 

12 (a) ESTABLISHMENT.— 

13 (1) IN GENERAL.—The Administrator shall es14 tablish a program for the provision of an enabling 

15 platform that integrates geospatial data, decision16 support tools, training, and best practices to address 

17 coastal management issues and needs. Under the 

18 program, the Administrator shall strive to enhance 

19 resilient communities, ecosystem values, and coastal 

20 economic growth and development by helping com21 munities address their issues, needs, and challenges 

22 through cost-effective and participatory solutions. 

23 (2) DESIGNATION.—The program established 

24 under paragraph (1) shall be known as the ‘‘Digital 


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1 Coast’’ (in this section referred to as the ‘‘pro2 gram’’). 

3 (b) PROGRAM REQUIREMENTS.—In carrying out the 

4 program, the Administrator shall ensure that the program 

5 provides data integration, tool development, training, doc6 umentation, dissemination, and archiving by— 

7 (1) making data and resulting integrated prod8 ucts developed under this section readily accessible 

9 via the Digital Coast internet website of the Na10 tional Oceanic and Atmospheric Administration, the 

11 GeoPlatform.gov and data.gov internet websites, and 

12 such other information distribution technologies as 

13 the Administrator considers appropriate; 

14 (2) developing decision-support tools that use 

15 and display resulting integrated data and provide 

16 training on use of such tools; 

17 (3) documenting such data to Federal Geo18 graphic Data Committee standards; and 

19 (4) archiving all raw data acquired under this 

20 title at the appropriate National Oceanic and Atmos21 pheric Administration data center or such other 

22 Federal data center as the Administrator considers 

23 appropriate. 

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1 mize data collection, sharing and integration, and to mini2 mize duplication by— 

3 (1) consulting with coastal managers and deci4 sion-makers concerning coastal issues, and sharing 

5 information and best practices, as the Administrator 

6 considers appropriate, with— 

7 (A) coastal States; 

8 (B) local and Tribal governments; and 

9 (C) representatives of academia, the pri10 vate sector, and nongovernmental organizations; 

11 (2) consulting with other Federal agencies, in12 cluding interagency committees, on relevant Federal 

13 activities, including activities carried out under the 

14 Ocean and Coastal Mapping Integration Act (33 

15 U.S.C. 3501 et seq.), the Coastal Zone Management 

16 Act of 1972 (16 U.S.C. 1451 et seq.), the Integrated 

17 Coastal and Ocean Observation System Act of 2009 

18 (33 U.S.C. 3601 et seq.), and the Hydrographic 

19 Services Improvement Act of 1998 (33 U.S.C. 892 

20 et seq.); 

21 (3) participating, pursuant to section 216 of the 

22 E-Government Act of 2002 (Public Law 107–347; 

23 44 U.S.C. 3501 note), in the establishment of such 

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1 ability of remote sensing and other geospatial data 

2 with all users of such information within— 

3 (A) the National Oceanic and Atmospheric 

4 Administration; 

5 (B) other Federal agencies; 

6 (C) State, Tribal, and local governments; 

7 and 

8 (D) the private sector; 

9 (4) coordinating with, seeking assistance and 

10 cooperation of, and providing liaison to the Federal 

11 Geographic Data Committee pursuant to Office of 

12 Management and Budget Circular A–16 and Execu13 tive Order No. 12906 of April 11, 1994 (59 Fed. 

14 Reg. 17671), as amended by Executive Order No. 

15 13286 of February 28, 2003 (68 Fed. Reg. 10619); 

16 and 

17 (5) developing and maintaining a best practices 

18 document that sets out the best practices used by 

19 the Administrator in carrying out the program and 

20 providing such document to the United States Geo21 logical Survey, the Corps of Engineers, and other 

22 relevant Federal agencies. 

23 (d) FILLING NEEDS AND GAPS.—In carrying out the 

24 program, the Administrator shall— 


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1 (1) maximize the use of remote sensing and 

2 other geospatial data collection activities conducted 

3 for other purposes and under other authorities; 

4 (2) focus on filling data needs and gaps nec5 essary to improve coastal management, increase re6 silience, and enhance decision making for coastal 

7 communities, including with respect to areas that, as 

8 of the date of enactment of this Act, were under9 served by coastal data and the areas of the Arctic 

10 that are under the jurisdiction of the United States; 

11 (3) pursuant to the Ocean and Coastal Map12 ping Integration Act (33 U.S.C. 3501 et seq.), sup13 port continued improvement in existing efforts to co14 ordinate the acquisition and integration of key data 

15 sets needed for coastal management and other pur16 poses, including— 

17 (A) coastal elevation data; 

18 (B) land use and land cover data; 

19 (C) socioeconomic and human use data; 

20 (D) critical infrastructure data; 

21 (E) structures data; 

22 (F) living resources and habitat data; 

23 (G) cadastral data; and 

24 (H) aerial imagery; and 


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1 (4) integrate the priority supporting data set 

2 forth under paragraph (3) with other available data 

3 for the benefit of the broadest measure of coastal re4 source management constituents and applications. 

5 (e) FINANCIAL AGREEMENTS AND CONTRACTS.— 

6 (1) IN GENERAL.—In carrying out the program, 

7 the Administrator— 

8 (A) may enter into financial agreements to 

9 carry out the program, including— 

10 (i) support to non-Federal entities 

11 that participate in implementing the pro12 gram; and 

13 (ii) grants, cooperative agreements, 

14 interagency agreements, contracts, or any 

15 other agreement on a reimbursable or non16 reimbursable basis, with other Federal, 

17 Tribal, State, and local governmental and 

18 nongovernmental entities; and 

19 (B) may, to the maximum extent prac20 ticable, enter into such contracts with private 

21 sector entities for such products and services as 

22 the Administrator determines may be necessary 

23 to collect, process, and provide remote sensing 

24 and other geospatial data and products for pur25 poses of the program. 


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1 (2) FEES.— 

2 (A) ASSESSMENT AND COLLECTION.—The 

3 Administrator may assess and collect fees to 

4 conduct any planned training, workshop, or 

5 conference that advances the purposes of the 

6 program. 

7 (B) AMOUNTS.—The amount of a fee 

8 under this paragraph may not exceed the sum 

9 of costs incurred, or expected to be incurred, by 

10 the Administrator as a direct result of the con11 duct of the training, workshop, or conference, 

12 including for subsistence expenses incidental to 

13 the training, workshop, or conference, as appli14 cable. 

15 (C) USE OF FEES.—Amounts collected by 

16 the Administrator in the form of fees under this 

17 paragraph may be used to pay for— 

18 (i) the costs incurred for conducting 

19 an activity described in subparagraph (A); 

20 or 

21 (ii) the expenses described in subpara22 graph (B). 

23 (3) SURVEY AND MAPPING.—Contracts entered 

24 into under paragraph (1)(B) shall be considered 

25 ‘‘surveying and mapping’’ services as such term is 


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1 used in and as such contracts are awarded by the 

2 Administrator in accordance with the selection pro3 cedures in chapter 11 of title 40, United States 

4 Code. 

5 (f) OCEAN ECONOMY.—The Administrator may es6 tablish publicly available tools that track ocean and Great 

7 Lakes economy data for each coastal State. 

8 Subtitle D—Integrated Coastal and 

9 Ocean Observation System 

10 SEC. 1241. STAGGERED TERMS FOR NATIONAL INTE11 GRATED COASTAL AND OCEAN OBSERVATION 

12 SYSTEM ADVISORY COMMITTEE. 

13 Section 12304(d)(3)(B) of the Integrated Coastal 

14 and Ocean Observation System Act of 2009 (33 U.S.C. 

15 3603(d)(3)(B)) is amended— 

16 (1) by striking ‘‘Members’’ and inserting the 

17 following: 

18 ‘‘(i) IN GENERAL.—Except as pro19 vided in clause (ii), members’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(ii) STAGGERED TERMS.—The Ad22 ministrator may appoint or reappoint a 

23 member for a partial term of 1 or 2 years 

24 in order to establish a system of staggered 

25 terms. The Administrator may appoint or 


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1 reappoint a member under this clause only 

2 once. A member appointed or reappointed 

3 to a partial term under this clause may not 

4 serve more than 1 full term.’’. 

5 SEC. 1242. INTEGRATED COASTAL AND OCEAN OBSERVA6 TION SYSTEM COOPERATIVE AGREEMENTS. 

7 Section 12305(a) of the Integrated Coastal and 

8 Ocean Observation System Act of 2009 (33 U.S.C. 

9 3604(a)) is amended by inserting ‘‘disburse appropriated 

10 funds to,’’ after ‘‘agreements, with,’’. 

11 SEC. 1243. REAUTHORIZATION OF INTEGRATED COASTAL 

12 AND OCEAN OBSERVATION SYSTEM ACT OF 

13 2009. 

14 Section 12311 of the Integrated Coastal and Ocean 

15 Observation System Act of 2009 (33 U.S.C. 3610) is 

16 amended by striking ‘‘for fiscal years 2009 through 2013 

17 such sums as are necessary’’ and inserting ‘‘$47,500,000 

18 for each of fiscal years 2021 through 2025’’. 

19 SEC. 1244. ADVANCED RESEARCH PROJECTS AGENCY– 

20 OCEANS. 

21 (a) AGREEMENT.—Not later than 45 days after the 

22 date of the enactment of this section, the Administrator 

23 shall seek to enter into an agreement with the National 

24 Academy of Sciences to conduct the comprehensive assess25 ment under subsection (b). 


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1 (b) COMPREHENSIVE ASSESSMENT.— 

2 (1) IN GENERAL.—Under an agreement be3 tween the Administrator and the National Academy 

4 of Sciences under this section, the National Acad5 emy of Sciences shall conduct a comprehensive as6 sessment of the need for and feasibility of estab7 lishing an Advanced Research Projects Agency– 

8 Oceans (ARPA–O). 

9 (2) ELEMENTS.—The comprehensive assess10 ment carried out pursuant to paragraph (1) shall in11 clude— 

12 (A) an assessment of how an ARPA–O 

13 could help overcome the long-term and high-risk 

14 technological barriers in the development of 

15 ocean technologies, with the goal of enhancing 

16 the economic, ecological, and national security 

17 of the United States through the rapid develop18 ment of technologies that result in— 

19 (i) improved data collection, moni20 toring, and prediction of the ocean environ21 ment, including sea ice conditions; 

22 (ii) overcoming barriers to the appli23 cation of new and improved technologies, 

24 such as high costs and scale of operational 

25 missions; 


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1 (iii) improved management practices 

2 for protecting ecological sustainability; 

3 (iv) improved national security capac4 ity; 

5 (v) improved technology for fishery 

6 population assessments; 

7 (vi) expedited processes between and 

8 among Federal agencies to successfully 

9 identify, transition, and coordinate re10 search and development output to oper11 ations, applications, commercialization, and 

12 other uses; and 

13 (vii) ensuring that the United States 

14 maintains a technological lead in devel15 oping and deploying advanced ocean tech16 nologies; 

17 (B) an evaluation of the organizational 

18 structures under which an ARPA–O could be 

19 organized, which takes into account— 

20 (i) best practices for new research 

21 programs; 

22 (ii) metrics and approaches for peri23 odic program evaluation; 

24 (iii) capacity to fund and manage ex25 ternal research awards; and 


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1 (iv) options for oversight of the activ2 ity through a Federal agency, an inter3 agency organization, nongovernmental or4 ganization, or other institutional arrange5 ment; and 

6 (C) an estimation of the scale of invest7 ment necessary to pursue high priority ocean 

8 technology projects. 

9 (c) REPORT.—Not later than 18 months after the 

10 date of enactment of this section, the Administrator shall 

11 submit to Congress a report on the comprehensive assess12 ment conducted under subsection (b). 

13 Subtitle E—Centralized Website for 

14 Resiliency Grants 

15 SEC. 1251. CENTRALIZED WEBSITE FOR RESILIENCY 

16 GRANTS. 

17 (a) CENTRALIZED WEBSITE.—Not later than 6 

18 months after the date of enactment of this subsection, the 

19 Administrator shall maintain a publicly available website 

20 that includes— 

21 (1) hyperlinks to all grants administered by the 

22 National Oceanic and Atmospheric Administration 

23 and hyperlinks to other Federal agencies that offer 

24 similar grants to assist States and local communities 


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1 with resiliency, adaptation, and mitigation of climate 

2 change and sea level rise; and 

3 (2) with respect to each such grant, the contact 

4 information for an individual who can offer assist5 ance to States and local government. 

6 (b) OUTREACH.—The Administrator shall conduct 

7 outreach activities to inform State, Tribal, and local gov8 ernments of the resiliency, adaptation, and mitigation 

9 grants. 

10 TITLE XIII—WETLANDS 

11 Subtitle A—Coastal Wetlands 

12 SEC. 1301. DEFINITIONS. 

13 In this subtitle: 

14 (1) COASTAL WETLAND.—The term ‘‘coastal 

15 wetland’’ means estuarine vegetated coastal habitat, 

16 including salt marsh, seagrass, mangrove, and other 

17 vegetated marine habitats. 

18 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

19 has the meaning given the term ‘‘Indian tribe’’ in 

20 section 4 of the Indian Self-Determination and Edu21 cation Assistance Act (25 U.S.C. 5304). 

22 (3) NATURAL INFRASTRUCTURE.—The term 

23 ‘‘natural infrastructure’’ means infrastructure 

24 that— 


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1 (A) uses, restores, or emulates natural eco2 logical processes; and 

3 (B)(i) is created through the action of nat4 ural physical, geological, biological, and chem5 ical processes over time; 

6 (ii) is created by human design, engineer7 ing, and construction to emulate or act in con8 cert with natural processes; or 

9 (iii) involves the use of plants, soils, and 

10 other natural features, including through the 

11 creation, restoration, or preservation of vege12 tated areas using materials appropriate to the 

13 region to manage stormwater and runoff, to at14 tenuate flooding and storm surges, and for 

15 other related purposes. 

16 (4) NONPROFIT ORGANIZATION.—The term 

17 ‘‘nonprofit organization’’ means an organization that 

18 is described in section 501(c) of the Internal Rev19 enue Code of 1986 and exempt from tax under sec20 tion 501(a) of such Code. 

21 (5) PROGRAM.—The term ‘‘Program’’ means 

22 the Coastal and Estuary Resilience Grant Program 

23 as established by section 1302. 

24 (6) RESTORATION.—The term ‘‘restoration’’ 

25 means renewing, enhancing, or replacing degraded, 


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1 damaged, vulnerable, or destroyed wetlands to im2 prove the long-term ecosystem function and resil3 ience through active human intervention and action, 

4 such as— 

5 (A) improving hydrological conditions 

6 (such as by removing tidal barriers, improving 

7 connectivity, or changing water levels); 

8 (B) altering sediment supply (such as 

9 through the beneficial use of dredge material, 

10 thin-layer spraying, or reconnecting river sedi11 ment); 

12 (C) changing salinity characteristics; 

13 (D) improving water quality (such as by 

14 reducing excess nutrients, sedimentation, or 

15 contaminants); 

16 (E) planting of native plants, removal of 

17 invasive species, and other improved manage18 ment practices; 

19 (F) controlling erosion of wetland edges; 

20 and 

21 (G) enabling future inland migration as 

22 sea levels rise, including through the enhance23 ment of adjacent fresh-water wetlands. 


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1 SEC. 1302. COASTAL AND ESTUARY RESILIENCE GRANT 

2 PROGRAM. 

3 (a) ESTABLISHMENT.—The Administrator shall es4 tablish a program, to be known as the ‘‘Coastal and Estu5 ary Resilience Grant Program’’, under which the Sec6 retary awards grants to entities that are eligible under 

7 subsection (b) to fund coastal wetland restoration and nat8 ural infrastructure projects that are eligible under sub9 section (c). 

10 (b) ELIGIBLE ENTITIES.—An entity is eligible to 

11 apply for a grant under the Program if the entity is an 

12 institution of higher education, a nonprofit organization, 

13 a State or local government, or an Indian Tribe. 

14 (c) ELIGIBLE PROJECTS.—A project is eligible for a 

15 grant under the Program if the project is designed to— 

16 (1) reduce net greenhouse gases through— 

17 (A) the long-term sequestration of addi18 tional carbon dioxide through— 

19 (i) the active restoration of degraded 

20 coastal wetland; and 

21 (ii) the protection of threatened coast22 al wetland; 

23 (B) the halting of ongoing carbon dioxide 

24 emissions, and the resumption of the natural 

25 rate of carbon capture, through the restoration 

26 of drained coastal wetland; or 


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1 (C) the halting of ongoing methane emis2 sions, and the resumption of the natural rate of 

3 carbon storage, through the restoration of for4 merly tidal wetland that has lost tidal 

5 connectivity and become fresh wetland (com6 monly known as ‘‘impounded wetland’’); or 

7 (2) provide for ecosystem adaptation to the ef8 fects of sea level rise and other climate effects 

9 through— 

10 (A) facilitating landward migration of wet11 lands in response to rising sea levels; or 

12 (B) enhancing ecosystem resilience to 

13 flooding, ocean acidification, or coastal storms. 

14 (d) GRANT EVALUATION CRITERIA.—In reviewing 

15 applications for grants under the Program, the Adminis16 trator shall give priority to projects that exhibit the high17 est potential to— 

18 (1) mitigate greenhouse gas emissions long19 term by— 

20 (A) reducing greenhouse gas emissions; or 

21 (B) capturing and storing greenhouse 

22 gases; 

23 (2) reinforce ecosystem resilience and adapta24 tion by— 


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1 (A) preparing for sea level rise in order to 

2 reduce vulnerability to sea level rise and ero3 sion; 

4 (B) supporting resilience against flooding 

5 and sea level rise; or 

6 (C) restoring or enhancing ecosystem func7 tion; or 

8 (3) provide economic and social co-benefits by— 

9 (A) reducing the potential impact and 

10 damage of storms on the built environment; 

11 (B) advancing environmental justice by re12 ducing the disproportionate impacts of environ13 mental hazards on communities of color, Indige14 nous communities, and low-income commu15 nities; 

16 (C) providing jobs in coastal communities; 

17 (D) prioritizing natural infrastructure; 

18 (E) incorporating collaborative partner19 ships; or 

20 (F) involving local communities in project 

21 planning and implementation. 

22 (e) ELIGIBLE COSTS.—A grant awarded under the 

23 Program shall be available for all phases of the develop24 ment, implementation, and monitoring of projects that are 

25 eligible under subsection (c), including— 


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1 (1) preliminary community engagement, plan2 ning, and prioritization; 

3 (2) preliminary design and site assessment, in4 cluding— 

5 (A) assessments of feasibility; 

6 (B) planning; and 

7 (C) community engagement; 

8 (3) final design and permitting; 

9 (4) restoration and project implementation; and 

10 (5) monitoring, reporting, and stewardship. 

11 (f) REPORTING.— 

12 (1) IN GENERAL.—An entity that receives a 

13 grant under the Program for a project shall— 

14 (A) collect data on the development and 

15 implementation of the project and stewardship 

16 following completion of the project; and 

17 (B) submit that data to the Administrator 

18 for inclusion in the database required by section 

19 1303(a). 

20 (2) REPORT AFTER PROJECT COMPLETION.— 

21 Not later than 1 year after the completion of a 

22 project for which a grant is provided under the Pro23 gram, the entity that received the grant shall submit 

24 to the Administrator a report on the outputs, outVerDate Sep 11 2014 19:26 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\H8632.IH H8632

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1 comes, and impacts of the project, including with re2 spect to— 

3 (A) the amount of area restored; 

4 (B) the estimated net climate benefit; 

5 (C) benefits to nearby communities; and 

6 (D) involvement of partners and commu7 nities. 

8 (g) MONITORING.—The Administrator shall establish 

9 guidelines providing for monitoring a project for which a 

10 grant is provided under the Program for the 10-year pe11 riod after the grant is awarded. 

12 (h) ROLE OF NATIONAL FISH AND WILDLIFE FOUN13 DATION.—In carrying out the Program, the Administrator 

14 may consult, partner, or otherwise coordinate with the Na15 tional Fish and Wildlife Foundation established by section 

16 2(a) of the National Fish and Wildlife Foundation Estab17 lishment Act (16 U.S.C. 3701(a)). 

18 SEC. 1303. DATA COLLECTION. 

19 (a) DATABASE.— 

20 (1) IN GENERAL.—The Administrator shall 

21 maintain a coastal wetland restoration database to 

22 collect information about projects that receive grants 

23 under the Program. 

24 (2) DESIGN.—The Administrator shall design 

25 the database required by paragraph (1) to collect 


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1 performance metrics on the development and imple2 mentation of projects that receive grants under the 

3 Program and stewardship following completion of 

4 such projects to evaluate the success of those 

5 projects and inform the design of future projects in 

6 an adaptive manner. 

7 (3) INCLUDED METRICS.—The database re8 quired by paragraph (1) shall include standardized 

9 metrics for reporting such as— 

10 (A) acres restored, protected, or created; 

11 (B) habitat type; 

12 (C) restoration technique; 

13 (D) estimated net greenhouse gas reduc14 tion effect; 

15 (E) jobs created; 

16 (F) quantified ecosystem services; 

17 (G) the economic benefits of wetlands; and 

18 (H) other metrics selected by the Adminis19 trator. 

20 (4) PUBLIC AVAILABILITY.—The Administrator 

21 shall make products of the database publicly avail22 able and disseminate important findings to the pub23 lic. 

24 (b) INVENTORY OF COASTAL WETLAND.—The Ad25 ministrator shall compile an inventory of coastal wetland. 


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1 SEC. 1304. OUTREACH AND TECHNICAL ASSISTANCE. 

2 The Administrator shall establish a technical assist3 ance program to help entities outside of the National Oce4 anic and Atmospheric Administration in all phases of 

5 coastal wetland restoration project work, including out6 reach to potential applicants for grants under section 

7 1302. 

8 SEC. 1305. ANNUAL RESTORATION AND FUNDING. 

9 (a) ACREAGE REQUIREMENTS.—To the maximum ex10 tent practicable, the Secretary of Commerce shall award 

11 grants under the Program to conduct coastal wetland res12 toration on 1,500,000 acres over 10 years. 

13 (b) FUNDING.—For each of fiscal years 2021–2025, 

14 there is authorized to be appropriated $200,000,000 to re15 main available until expended for the Administrator to 

16 carry out this subtitle. 

17 SEC. 1306. PREVAILING WAGE REQUIREMENT. 

18 Any contractor or subcontractor entering into a serv19 ice contract in connection with a project under the Pro20 gram shall— 

21 (1) be treated as a Federal contractor or sub22 contractor for purposes of chapter 67 of title 41, 

23 United States Code (commonly known as the 

24 ‘‘McNamara-O’Hara Service Contract Act of 

25 1965’’); and 


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1 (2) pay each class of employee employed by the 

2 contractor or subcontractor wages and fringe bene3 fits at rates in accordance with prevailing rates for 

4 the class in the locality, or, where a collective-bar5 gaining agreement covers the employee, in accord6 ance with the rates provided for in the agreement, 

7 including prospective wage increases provided for in 

8 the agreement. 

9 SEC. 1307. DEPARTMENT OF THE INTERIOR COASTAL WET10 LAND RESTORATION; FUNDING. 

11 (a) IN GENERAL.—The Secretary of the Interior shall 

12 conduct coastal wetland restoration on land managed by 

13 the Director of the United States Fish and Wildlife Serv14 ice or the Director of the National Park Service to achieve 

15 at least 1 of the following: 

16 (1) The sequestration of additional carbon diox17 ide through— 

18 (A) the active restoration of degraded 

19 coastal wetland; and 

20 (B) the protection of threatened coastal 

21 wetland. 

22 (2) The halting of ongoing carbon dioxide emis23 sions, and the resumption of the natural rate of car24 bon capture, through the restoration of drained 

25 coastal wetland. 


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1 (3) The halting of ongoing methane emissions, 

2 and the resumption of the natural rate of carbon 

3 storage, through the restoration of formerly tidal 

4 wetland that has lost tidal connectivity and become 

5 fresh wetland (commonly known as ‘‘impounded wet6 land’’). 

7 (b) FUNDING.— 

8 (1) IN GENERAL.—For each fiscal year, there is 

9 authorized to be appropriated— 

10 (A) for coastal wetland restoration on land 

11 managed by the Director of the United States 

12 Fish and Wildlife Service $200,000,000; and 

13 (B) for coastal wetland restoration on land 

14 managed by the Director of the National Park 

15 Service $200,000,000. 

16 (2) RECEIPT AND ACCEPTANCE.—The Sec17 retary of the Interior shall be entitled to receive, 

18 shall accept, and shall use to carry out this section 

19 in accordance with paragraph (1) the funds trans20 ferred under that paragraph, without further appro21 priation. 


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1 TITLE XIV—MEASURES TO AD2 DRESS GREENHOUSE GAS 

3 POLLUTION FROM SHIPPING 

4 VESSELS 

5 SEC. 1401. GREENHOUSE GAS EMISSIONS FROM SHIPPING. 

6 (a) APPLICATION.—The monitoring, reporting, and 

7 verification requirements of this section shall apply to all 

8 vessels of 5,000 gross tons or more calling at, leaving, or 

9 transiting between, or at berth at, ports in the United 

10 States, regardless of flag. 

11 (b) VESSEL REPORTING.—A vessel shall measure and 

12 monitor on a per-voyage basis, and report to the Adminis13 trator and to the vessel’s flag-State on an annual basis, 

14 the following metrics: 

15 (1) Total CO2 emitted by the vessel inside the 

16 United States exclusive economic zone. 

17 (2) Average CO2 emissions per transport work, 

18 defined as gCO2/tonne-nautical mile, and average 

19 CO2 emissions per distance, defined as gCO2/nau20 tical-mile. 

21 (c) ACCEPTABLE METHODS FOR MEASURING, MONI22 TORING, AND REPORTING.— 

23 (1) The Secretary shall develop a list of accept24 able methods for measuring, monitoring, and report25 ing metrics listed in subsection (b). 


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1 (2) The Secretary, to the maximum extent 

2 practicable, shall ensure consistency of such methods 

3 with similar reporting schemes developed by the Eu4 ropean Union and the International Maritime Orga5 nization to reduce any duplicative burden on ship6 pers. 

7 (3) Acceptable methods included in the list 

8 could include the following: 

9 (A) Bunker Delivery Note (BDN) and 

10 periodic stocktakes of fuel tanks. 

11 (B) Bunker fuel tank monitoring on board. 

12 (C) Flowmeters for applicable combustion 

13 processes. 

14 (D) Direct CO2 emissions measurements. 

15 (d) ANNUAL REPORT BY SECRETARY.—The Sec16 retary shall publish an annual report on emissions from 

17 vessels covered under this section, accompanied by an ex18 planation intended to facilitate public understanding of 

19 the vessel shipping sector’s CO2 emissions and energy effi20 ciency. 

21 (e) REGULATIONS.—Before promulgation of regula22 tions under this section, reports issued under this section 

23 shall be reviewed to ensure that regulatory changes will 

24 not create the risk of increased CO2 emissions. 


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1 SEC. 1402. QUIET SEAS AND CLEAR SKIES VESSEL SPEED 

2 REDUCTION AWARD PROGRAM. 

3 (a) FINDINGS.—The Congress finds the following: 

4 (1) 49 marine mammal species are considered 

5 depleted under the Marine Mammal Protection Act 

6 of 1972, and of those species, 42 are listed as 

7 threatened or endangered under the Endangered 

8 Species Act of 1973. 

9 (2) Climate change is altering marine mammal 

10 migration routes and timing. 

11 (3) Hundreds of threatened and endangered 

12 marine mammals, including North Atlantic right 

13 whales and blue whales, die from vessel strikes each 

14 year. 

15 (4) Underwater noise generated by vessels has 

16 increased significantly since 1950, impeding for17 aging, breeding, communication, and other behaviors 

18 of marine animals, including of threatened species 

19 and endangered species. 

20 (5) Slower ship speeds reduce the lethality of 

21 vessel strikes on marine life, moderate underwater 

22 noise, and provide climate benefits through reduced 

23 fuel consumption and lower particulate emissions. 

24 (6) In 2019, the Vessel Speed Reduction Pro25 gram in the Santa Barbara Channel region and the 

26 San Francisco Bay region saved over 17,000 metric 


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1 tons of greenhouse gas emissions, with 349 vessels 

2 from 15 different companies slowing their speeds for 

3 over 99,000 nautical miles. 

4 (b) IN GENERAL.—Not later than 12 months after 

5 the date of enactment of this Act, the Administrator shall 

6 establish the Quiet Seas and Clear Skies Program (in this 

7 section referred to as the ‘‘Program’’) to— 

8 (1) reduce air pollution, harmful underwater 

9 vessel noise, and the risk of fatal marine mammal 

10 ship strikes by encouraging voluntary reduction in 

11 the speed of eligible vessels operating within the Ex12 clusive Economic Zone of the United States; and 

13 (2) annually award Quiet Seas and Clear Skies 

14 Excellence Awards under subsection (d) for verified 

15 successful participation in, and compliance with, the 

16 Program by shipping companies. 

17 (c) PROGRAM REQUIREMENTS.—The Administrator 

18 shall develop and publish in the Federal Register require19 ments for voluntary participation in the Program by eligi20 ble shipping companies, including the following: 

21 (1) PROGRAM AREA.—Geographic areas covered 

22 by the Program shall include all waters of the 

23 United States Exclusive Economic Zone, except for 

24 areas specified in section 802 of this Act. 


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1 (2) FLEET REQUIREMENT.—At least 75 percent 

2 of eligible vessels owned by a shipping company 

3 must participate and be in compliance with para4 graph (3) in order to be eligible for an Award under 

5 subsection (d). 

6 (3) SPEED LIMITS.—The Administrator shall, 

7 based upon the best available scientific information 

8 and meaningful consultation with the Commandant 

9 of the Coast Guard, shipping companies, and experts 

10 in air quality and marine mammal conservation, pre11 scribe maximum speeds by engine tier for eligible 

12 vessels participating in the Program, except when di13 rected by the Coast Guard to proceed in excess of 

14 the speed requirements of the Program for safety 

15 purposes, that would— 

16 (A) obtain a significant reduction in green17 house gas and particulate pollution emissions 

18 from shipping vessels; 

19 (B) protect marine life; and 

20 (C) reduce ocean noise. 

21 (4) CERTIFICATION.—The Administrator shall 

22 establish protocols for shipping companies to certify 

23 compliance with the Program requirement to be eli24 gible for an Award under subsection (d). 


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1 (d) ANNUAL AWARDS.—Under the Program, the Di2 rector shall annually award Quiet Seas and Clear Skies 

3 Excellence Awards to shipping companies whose fleets 

4 that have participated in, and complied with the require5 ments of, the Program during the preceding year. 

6 (e) OFFICIAL SEAL.—The Administrator shall create 

7 an official seal to be recognized as the symbol of excellence 

8 in compliance with the Program, that— 

9 (1) may be used by shipping companies with eli10 gible vessels for which a Quiet Seas and Clear Skies 

11 Excellence Award is awarded under this section; 

12 (2) includes the name of the shipping company; 

13 and 

14 (3) includes the year for which such Award was 

15 made. 

16 (f) LIMITATIONS.—Nothing in this section shall be 

17 construed to— 

18 (1) require participation in the Program; or 

19 (2) authorize any action that affects navigation 

20 safety. 

21 (g) DEFINITION OF ELIGIBLE VESSEL.—In this sec22 tion, the term ‘‘eligible vessel’’ means a vessel greater than 

23 or equal to 65 feet in overall length. 

24 (h) AUTHORIZATION OF APPROPRIATIONS.—To carry 

25 out this section there is authorized to be appropriated to 


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1 the Administrator to carry out this section $4,000,000 for 

2 each of fiscal years 2021 through 2025. 

3 TITLE XV—STUDIES AND 

4 REPORTS 

5 SEC. 1501. DEEP SEA MINING. 

6 Not later than 90 days after the date of enactment 

7 of this Act, the Administrator shall seek to enter into an 

8 agreement with the National Academies to conduct a com9 prehensive assessment and approximate quantification of 

10 the greenhouse gas emissions associated with deep seabed 

11 mining, including emissions possible from the release of 

12 greenhouse gases sequestered in the seabed. 

13 SEC. 1502. NATIONAL ACADEMIES ASSESSMENT OF OCE14 ANIC BLUE CARBON. 

15 Not later than 90 days after the date of the enact16 ment of this Act, the Administrator shall seek to enter 

17 into an agreement with the National Academies to conduct 

18 a comprehensive assessment of oceanic blue carbon, in19 cluding— 

20 (1) the impacts of marine species decline on 

21 carbon sequestration potential in ocean ecosystems, 

22 an estimate of the global carbon dioxide mitigation 

23 potential of protecting or recovering populations of 

24 fish and marine mammals, and the ecological consid25 erations of such conservation strategies; 


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1 (2) an analysis of the geologic stores of carbon 

2 in the deep seafloor environment, including current 

3 and potential natural long-term carbon storage, 

4 identification of gaps in scientific understanding re5 garding such geologic carbon storage; and 

6 (3) the potential impacts to oceanic blue carbon 

7 storage by human activities including energy devel8 opment activities, deep sea mining, deep sea carbon 

9 capture technology, and other disturbances to the 

10 sea floor. 

11 SEC. 1503. OCEAN CLIMATE IMPACTS AND ACTION REPORT. 

12 (a) REPORT.—Not later than 1 year after the date 

13 of enactment of this Act, and annually thereafter, the Na14 tional Oceanic and Atmospheric Administration, in coordi15 nation with all other relevant agencies, shall submit to 

16 Congress a report on the impacts of climate change on 

17 the ocean and on coastal ecosystems and the steps the 

18 United States is taking to minimize such impacts. Such 

19 report shall include consolidated data from all line offices 

20 in the National Oceanic and Atmospheric Administration, 

21 and from other relevant Federal agencies and sources. 

22 (b) IMPACTS.—The report required by subsection (a) 

23 shall include baseline information as well as trends, in a 

24 format that can be compared from year to year, on ocean 

25 and coastal impacts including— 


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1 (1) changes and the rate of change of pH levels 

2 and acidity in the coastal and ocean waters of the 

3 United States; 

4 (2) average sea surface temperatures in the 

5 United States exclusive economic zone; 

6 (3) average sea floor temperatures in the 

7 United States exclusive economic zone; 

8 (4) average sea level rise; 

9 (5) number and duration of marine heat waves 

10 occurring in the United States exclusive economic 

11 zone; 

12 (6) number, duration, location, and the attrib13 utable cause of harmful algal blooms occurring in 

14 the coastal and ocean waters of the United States; 

15 (7) number, duration, size and location of 

16 hypoxic zones occurring in the coastal and ocean 

17 waters of the United States; 

18 (8) number and location of coral bleaching 

19 events in the United States exclusive economic zone; 

20 (9) estimates of coral cover loss in the United 

21 States exclusive economic zone; 

22 (10) number, location, and severity of hurri23 canes impacting the United States; 

24 (11) number, location, and duration of coastal 

25 flooding events; 


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1 (12) changes in coastal land cover and other 

2 ecosystem changes as a result of inundation, erosion, 

3 storms, and sea level rise; and 

4 (13) changes in marine species abundance and 

5 distribution as a result of ocean warming, acidifica6 tion, and other impacts of climate change. 

7 SEC. 1504. REPORT ON THE ECOLOGICAL AND ECONOMIC 

8 EFFECTS OF HIGH SEAS FISHING IN THE 

9 OCEAN AREAS BEYOND NATIONAL JURISDIC10 TION (‘‘ABNJ’’). 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Administrator, in co13 ordination with the Secretary of State, shall seek to enter 

14 into an agreement with the National Academies under 

15 which the National Academies shall— 

16 (1) study the challenges and opportunities asso17 ciated with implementing a global moratorium on 

18 high seas commercial fishing; 

19 (2) evaluate the ecological, social, and economic 

20 effects of a global moratorium on high seas commer21 cial fishing; 

22 (3) estimate the scope and volume of illegal, un23 regulated, and unreported (IUU) fishing occurring 

24 on the high seas fishing; 


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1 (4) evaluate the percentage of United States 

2 seafood imports originating from High Seas fishing, 

3 from both legally reported and IUU fishing; and 

4 (5) evaluate the greenhouse gas emissions asso5 ciated with the high seas fishing and high seas fish6 ing fleets. 

7 (b) ELEMENTS.—The study and evaluation con8 ducted pursuant to the agreement entered into under sub9 section (a) shall address— 

10 (1) the feasibility of implementing a global mor11 atorium on high seas commercial fishing, includ12 ing— 

13 (A) legal authorities that exist under the 

14 United Nations Convention on the Law of the 

15 Sea and other implementation instruments to 

16 implement a moratorium on high seas commer17 cial fishing; 

18 (B) the nations and vessels likely to refuse 

19 or otherwise fail to comply with such a morato20 rium, including estimates of catch levels by 

21 those nations and vessels relative to overall 

22 international catch; and 

23 (C) available enforcement mechanisms and 

24 surveillance technology that could be used to 

25 enforce such a moratorium; and 


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1 (2) the range of effects that would be expected 

2 to result from a moratorium on high seas commer3 cial fishing, including— 

4 (A) identification of fish stocks that would 

5 be affected, changes in exploitation of those 

6 stocks, and net effect on the biomass of those 

7 stocks; 

8 (B) ecosystem effects on non-target spe9 cies, including marketable and non-marketable 

10 bycatch, forage species, corals, other inverte11 brates, marine mammals, and sea turtles; 

12 (C) changes in global carbon emissions 

13 from reduced fishing vessel transits and from 

14 increased fish carbon capture and improved 

15 high seas ecosystem functioning; 

16 (D) amounts of subsidies that support high 

17 seas commercial fishing by the top 12 nations 

18 that currently conduct high seas fishing by vol19 ume; 

20 (E) effects on global fisheries revenues and 

21 profits overall and the effects on fisheries reve22 nues and profits for developing nations; 

23 (F) effects on seafood availability for 

24 United States consumers; 


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1 (G) effects on revenues and profits for do2 mestic fishermen; and 

3 (H) effects on the scope and volume of 

4 IUU fishing occurring on the high seas. 

5 (c) REPORT.— 

6 (1) IN GENERAL.—The agreement entered into 

7 under subsection (a) shall require the National 

8 Academies to submit to the Secretary of Commerce, 

9 not later than 2 years after entering into the agree10 ment, a report that describes the results of the study 

11 and evaluation conducted pursuant to the agree12 ment. 

13 (2) PUBLIC AVAILABILITY.—The Secretary of 

14 commerce shall publish the report received under 

15 paragraph (1) on a public website. 

16 SEC. 1505. NATIONAL ACADEMIES ASSESSMENT OF PUBLIC 

17 ACCESS TO THE COASTS. 

18 Not later than 90 days after the date of enactment 

19 of this Act, the Administrator shall seek to enter into an 

20 agreement with the National Academies to conduct a com21 prehensive assessment on public access to the Nation’s 

22 coasts, including the Great Lakes’ coasts. The assessment 

23 shall include— 

24 (1) an analysis of the existing quantity and 

25 quality of public access points to the coasts by state, 


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1 including both recreational and commercial (‘‘work2 ing waterfront’’) access; 

3 (2) opportunities and barriers faced by low in4 come communities, communities of color, Tribal 

5 communities, Indigenous communities, and rural 

6 communities for access to the coasts; 

7 (3) the likely impact of sea level rise and ex8 treme weather on public access points to and access 

9 along the coasts; and 

10 (4) Federal mechanisms for preventing the loss 

11 of access, for mitigating such loss when it occurs, 

12 and for increasing the quantity, quality, and afford13 ability of public access to the coasts for both rec14 reational and commercial activities. 

15 SEC. 1506. STUDY EXAMINING THE IMPACT OF OCEAN 

16 ACIDIFICATION AND OTHER ENVIRON17 MENTAL STRESSORS ON ESTUARINE ENVI18 RONMENTS. 

19 (a) IN GENERAL.—Not later than 90 days after the 

20 date of enactment of this Act, the Administrator shall 

21 make appropriate arrangements with the National Acad22 emies under which the National Academies shall conduct 

23 a study that— 

24 (1) examines the existing science of ocean acidi25 fication in coastal environments; 


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1 (2) examines the challenges to studying ocean 

2 acidification and the combined effect of ocean acidi3 fication and other environment stressors in coastal 

4 environments; 

5 (3) provides recommendations for improving fu6 ture research with respect to ocean acidification in 

7 coastal environments; and 

8 (4) identifies pathways for applying science in 

9 management and mitigation decisions relating to 

10 ocean acidification in coastal environments. 

11 (b) CONTENTS OF STUDY.—The study conducted 

12 under subsection (a) shall include— 

13 (1) the behavior of the carbonate system within 

14 coastal environments; 

15 (2) the interactions of the carbonate system 

16 with other biotic and abiotic characteristics of coast17 al ecosystems; 

18 (3) how environmental and anthropogenic 

19 changes or disturbances, such as nutrient runoff and 

20 water pollution, could affect abiotic and biotic proc21 esses within coastal ecosystems; 

22 (4) how coastal biotic and abiotic processes will 

23 be affected under predicted environmental changes; 

24 (5) the current state of data collection, inter25 pretation, storage, and retrieval and observational 


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1 infrastructure of abiotic and biotic parameters in 

2 coastal ecosystems; 

3 (6) the gaps that exist in understanding the 

4 socio-economic and health impacts of ocean acidifica5 tion in coastal ecosystems; 

6 (7) future directions for scientific research; and 

7 (8) pathways for applying science in manage8 ment and mitigation decisions. 

9 (c) REPORT.—Not later than 24 months after the 

10 date of enactment of this Act, in entering into an arrange11 ment under subsection (a), the Secretary shall request 

12 that the National Academies submit to Congress a report 

13 detailing the findings of the study. 

Æ 


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