II 

Calendar No. 631 

116TH CONGRESS 

2D SESSION S. 1730 

[Report No. 116–327] 

To direct the Administrator of the National Oceanic and Atmospheric Administration to make grants to State and local governments and nongovernmental organizations for purposes of carrying out climate-resilient living 

shoreline projects that protect coastal communities by supporting ecosystem functions and habitats with the use of natural materials and 

systems, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2019 

Ms. HARRIS (for herself, Mr. MURPHY, Mr. BLUMENTHAL, Mr. MENENDEZ, 

Mr. WYDEN, Mr. BOOKER, Mr. MERKLEY, Mrs. FEINSTEIN, Mr. CARPER, Mr. MARKEY, and Ms. BALDWIN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

DECEMBER 15, 2020 

Reported by Mr. WICKER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To direct the Administrator of the National Oceanic and 

Atmospheric Administration to make grants to State and 

local governments and nongovernmental organizations for 

purposes of carrying out climate-resilient living shoreline 

projects that protect coastal communities by supporting 


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ecosystem functions and habitats with the use of natural 

materials and systems, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Living Shorelines Act 

5 of 2019’’. 

6 SEC. 2. LIVING SHORELINE GRANT PROGRAM. 

7 (a) ESTABLISHMENT.—The Administrator shall 

8 make grants to eligible entities for purposes of— 

9 (1) designing and implementing large- and 

10 small-scale, climate-resilient living shoreline projects; 

11 and 

12 (2) applying innovative uses of natural mate13 rials and systems to protect coastal communities, 

14 habitats, and natural system functions. 

15 (b) PROJECT PROPOSALS.—To be eligible to receive 

16 a grant under this section, an eligible entity shall— 

17 (1) submit to the Administrator a proposal for 

18 a living shoreline project, including monitoring, data 

19 collection, and measurable performance criteria with 

20 respect to the project; and 

21 (2) demonstrate to the Administrator that the 

22 entity has any permits or other authorizations from 

23 local, State, and Federal government agencies nec24 essary to carry out the living shoreline project or 


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1 provide evidence demonstrating general support from 

2 such agencies. 

3 (c) PROJECT SELECTION.— 

4 (1) DEVELOPMENT OF CRITERIA.—The Admin5 istrator shall select eligible entities to receive grants 

6 under this section based on criteria developed by the 

7 Administrator, in consultation with relevant offices 

8 of the National Oceanic and Atmospheric Adminis9 tration, such as the Office of Habitat Conservation, 

10 the Office for Coastal Management, and the Res11 toration Center. 

12 (2) CONSIDERATIONS.—In developing criteria 

13 under paragraph (1) to evaluate a proposed living 

14 shoreline project, the Administrator shall take into 

15 account— 

16 (A) the potential of the project to protect 

17 the community and maintain the viability of the 

18 environment, such as through protection of eco19 system functions, environmental benefits, or 

20 habitat types, in the area where the project is 

21 to be carried out; 

22 (B) the historic and future environmental 

23 conditions of the project site, particularly those 

24 environmental conditions affected by climate 

25 change; 


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1 (C) the ecological benefits of the project; 

2 and 

3 (D) the ability of the entity proposing the 

4 project to demonstrate the potential of the 

5 project to protect the coastal community where 

6 the project is to be carried out, including 

7 through— 

8 (i) mitigating the effects of erosion; 

9 (ii) attenuating the impact of coastal 

10 storms and storm surge; 

11 (iii) mitigating shoreline flooding; 

12 (iv) mitigating the effects of sea level 

13 rise and extreme tides; 

14 (v) sustaining, protecting, or restoring 

15 the functions and habitats of coastal eco16 systems; or 

17 (vi) such other forms of coastal pro18 tection as the Administrator considers ap19 propriate. 

20 (3) PRIORITY.—In selecting living shoreline 

21 projects to receive grants under this section, the Ad22 ministrator shall give priority consideration to a pro23 posed project to be conducted in an area— 

24 (A) for which the President has declared, 

25 during the 10-year period preceding the submisVerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730

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1 sion of the proposal for the project under sub2 section (b), that a major disaster exists pursu3 ant to section 401 of the Robert T. Stafford 

4 Disaster Relief and Emergency Assistance Act 

5 (42 U.S.C. 5170) because of a hurricane, trop6 ical storm, coastal storm, or flooding; or 

7 (B) that has a documented history of 

8 coastal erosion or frequent coastal inundation 

9 during that 10-year period. 

10 (4) MINIMUM STANDARDS.— 

11 (A) IN GENERAL.—The Administrator 

12 shall develop minimum standards to be used in 

13 selecting eligible entities to receive grants under 

14 this section, taking into account— 

15 (i) the considerations described in 

16 paragraph (2); and 

17 (ii) the need for such standards to be 

18 general enough to accommodate concerns 

19 relating to specific project sites. 

20 (B) CONSULTATIONS.—in developing 

21 standards under subparagraph (A), the Admin22 istrator— 

23 (i) shall consult with relevant offices 

24 of the National Oceanic and Atmospheric 

25 Administration, such as the Office of HabiVerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730

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1 tat Conservation, the Office for Coastal 

2 Management, and the Restoration Center; 

3 and 

4 (ii) may consult with— 

5 (I) relevant interagency councils, 

6 such as the Estuary Habitat Restora7 tion Council; 

8 (II) State coastal management 

9 agencies; and 

10 (III) relevant nongovernmental 

11 organizations. 

12 (d) USE OF FUNDS.—A grant awarded under this 

13 section to an eligible entity to carry out a living shoreline 

14 project may be used by the eligible entity only— 

15 (1) to carry out the project, including adminis16 tration, design, permitting, entry into negotiated in17 direct cost rate agreements, and construction; and 

18 (2) to monitor, collect, and report data on the 

19 performance (including performance over time) of 

20 the project, in accordance with standards issued by 

21 the Administrator under subsection (f)(2). 

22 (e) COST-SHARING.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), an eligible entity that receives a grant 

25 under this section to carry out a living shoreline 


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1 project shall provide, from non-Federal sources, 

2 funds or other resources (such as land or conserva3 tion easements or in-kind matching from private en4 tities) valued at not less than 50 percent of the total 

5 cost, including administrative costs, of the project. 

6 (2) REDUCED MATCHING REQUIREMENT FOR

7 CERTAIN COMMUNITIES.—The Administrator may 

8 reduce or waive the matching requirement under 

9 paragraph (1) for an eligible entity representing a 

10 community or nonprofit organization if— 

11 (A) the eligible entity submits to the Ad12 ministrator in writing— 

13 (i) a request for such a reduction and 

14 the amount of the reduction; and 

15 (ii) a justification for why the entity 

16 cannot meet the matching requirement; 

17 and 

18 (B) the Administrator agrees with the jus19 tification. 

20 (f) MONITORING AND REPORTING.— 

21 (1) IN GENERAL.—The Administrator shall re22 quire each eligible entity receiving a grant under this 

23 section (or a representative of the entity) to carry 

24 out a living shoreline project— 


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1 (A) to transmit to the Administrator data 

2 collected under the project; 

3 (B) to monitor the project and to collect 

4 data on— 

5 (i) the ecological benefits of the 

6 project and the protection provided by the 

7 project for the coastal community where 

8 the project is carried out, including 

9 through— 

10 (I) mitigating the effects of ero11 sion; 

12 (II) attenuating the impact of 

13 coastal storms and storm surge; 

14 (III) mitigating shoreline flood15 ing; 

16 (IV) mitigating the effects of sea 

17 level rise and extreme tides; 

18 (V) sustaining, protecting, or re19 storing the functions and habitats of 

20 coastal ecosystems; or 

21 (VI) such other forms of coastal 

22 protection as the Administrator con23 siders appropriate; and 

24 (ii) the performance of the project in 

25 providing such protection; 


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1 (C) to make data collected under the 

2 project available on a publicly accessible inter3 net website of the National Oceanic and Atmos4 pheric Administration; and 

5 (D) not later than one year after the entity 

6 receives the grant, and annually thereafter until 

7 the completion of the project, to submit to the 

8 Administrator a report on— 

9 (i) the measures described in subpara10 graph (B); and 

11 (ii) the effectiveness of the project in 

12 increasing protection of the coastal com13 munity where the project is carried out 

14 through living shorelines techniques, in15 cluding— 

16 (I) a description of— 

17 (aa) the project; 

18 (bb) the activities carried 

19 out under the project; and 

20 (cc) the techniques and ma21 terials used in carrying out the 

22 project; and 

23 (II) data on the performance of 

24 the project in providing protection to 

25 that coastal community. 


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1 (2) GUIDELINES.—In developing guidelines re2 lating to paragraph (1)(C), the Administrator shall 

3 consider how additional data could safely be col4 lected before and after major disasters or severe 

5 weather events to measure project performance and 

6 project recovery. 

7 (3) STANDARDS.— 

8 (A) IN GENERAL.—Not later than 90 days 

9 after the date of the enactment of this Act, the 

10 Administrator shall, in consultation with rel11 evant offices of the National Oceanic and At12 mospheric Administration, relevant interagency 

13 councils, and relevant nongovernmental organi14 zations, issue standards for the monitoring, col15 lection, and reporting under subsection (d)(2) 

16 of data regarding the performance of living 

17 shoreline projects for which grants are awarded 

18 under this section. 

19 (B) REPORTING.—The standards issued 

20 under subparagraph (A) shall require an eligi21 ble entity receiving a grant under this section 

22 to report the data described in that subpara23 graph to the Administrator on a regular basis. 

24 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated $50,000,000 to the AdVerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730

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1 ministrator for each of fiscal years 2020 through 2025 

2 for purposes of carrying out this section. 

3 (h) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the National 

6 Oceanic and Atmospheric Administration. 

7 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ means any of the following: 

9 (A) A unit of a State or local government. 

10 (B) An organization described in section 

11 501(c)(3) of the Internal Revenue Code of 1986 

12 that is exempt from taxation under section 

13 501(a) of such Code. 

14 (C) An Indian Tribe (as defined in section 

15 4 of the Indian Self-Determination and Edu16 cation Assistance Act (25 U.S.C. 5304)). 

17 (3) LIVING SHORELINE PROJECT.—The term 

18 ‘‘living shoreline project’’— 

19 (A) means a project that— 

20 (i) restores or stabilizes a shoreline, 

21 including marshes, wetlands, and other 

22 vegetated areas that are part of the shore23 line ecosystem, by using natural materials 

24 and systems to create buffers to attenuate 

25 the impact of coastal storms, currents, 


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1 flooding, and wave energy and to prevent 

2 or minimize shoreline erosion while sup3 porting coastal ecosystems and habitats; 

4 (ii) incorporates as many natural ele5 ments as possible, such as native wetlands, 

6 submerged aquatic plants, oyster shells, 

7 native grasses, shrubs, or trees; 

8 (iii) utilizes techniques that incor9 porate ecological and coastal engineering 

10 principles in shoreline stabilization; and 

11 (iv) to the extent possible, maintains 

12 or restores existing natural slopes and con13 nections between uplands and adjacent 

14 wetlands or surface waters; 

15 (B) may include the use of— 

16 (i) natural elements, such as sand, 

17 wetland plants, logs, oysters or other shell18 fish, submerged aquatic vegetation, native 

19 grasses, shrubs, trees, or coir fiber logs; 

20 (ii) project elements that provide eco21 logical benefits to coastal ecosystems and 

22 habitats in addition to shoreline protection; 

23 and 

24 (iii) structural materials, such as 

25 stone, concrete, wood, vinyl, oyster domes, 


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1 or other approved engineered structures in 

2 combination with natural materials; and 

3 (C) may include a project that expands 

4 upon or restores natural living shorelines or ex5 isting living shoreline projects. 

6 (4) STATE.—The term ‘‘State’’ means each of 

7 the several States, the District of Columbia, the 

8 Commonwealth of Puerto Rico, the United States 

9 Virgin Islands, Guam, American Samoa, and the 

10 Commonwealth of the Northern Mariana Islands. 

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘Living Shorelines Act 

13 of 2020’’. 

14 SEC. 2. MODIFICATIONS TO NATIONAL SEA GRANT COL15 LEGE PROGRAM. 

16 (a) FINDINGS.—Section 202(a) of the National Sea 

17 Grant College Program Act (33 U.S.C. 1121(a)) is amended 

18 by inserting ‘‘resilience,’’ after ‘‘utilization,’’ each place 

19 such term appears. 

20 (b) OBJECTIVE.—Section 202(b) of such Act (33 

21 U.S.C. 1121(b)) is amended by inserting ‘‘resilience,’’ after 

22 ‘‘utilization,’’. 

23 (c) DEFINITIONS.—Section 203(4) of such Act (33 

24 U.S.C. 1122(4)) is amended by inserting ‘‘resilience,’’ after 

25 ‘‘utilization,’’. 


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1 (d) DUTIES OF ADVISORY BOARD.—Section 

2 209(b)(1)(A) of such Act (33 U.S.C. 1128(b)(1)(A)) is 

3 amended by inserting ‘‘resilience,’’ after ‘‘utilization,’’. 

4 (e) MEMBERSHIP.—Section 209(c)(1) of such Act (33 

5 U.S.C. 1128(c)(1)) is amended in the fourth sentence by in6 serting ‘‘resilience,’’ after ‘‘utilization,’’. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 212(a) of such Act (33 U.S.C. 1131(a)) is amended by add9 ing at the end the following: 

10 ‘‘(3) COASTAL HAZARD REDUCTION ACTIVITIES

11 FOR FISCAL YEARS 2021 THROUGH 2024.—In addition 

12 to other amounts authorized to be appropriated to 

13 carry out this title, there are authorized to be appro14 priated $25,000,000 for each of fiscal years 2021 

15 through 2024 for competitive grants for cooperative 

16 research, implementation, and extension regarding 

17 natural, nature-based, and restoration approaches to 

18 increasing the resilience of shorelines.’’. 

19 SEC. 3. MODIFICATIONS TO RESOURCE MANAGEMENT IM20 PROVEMENT GRANTS TO COASTAL STATES. 

21 (a) OBJECTIVES FOR RESOURCE MANAGEMENT IM22 PROVEMENT GRANTS.—Section 306A(b) of the Coastal Zone 

23 Management Act of 1972 (16 U.S.C. 1455a(b)) is amended 

24 by adding at the end the following: 


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1 ‘‘(5) The design and implementation of climate2 resilient living shoreline projects and the application 

3 of innovative uses of natural materials and systems 

4 to protect coastal communities, habitats, and natural 

5 system functions.’’. 

6 (b) REDUCED MATCHING REQUIREMENT FOR CERTAIN

7 COASTAL STATES.—Section 306A(d) of such Act (16 U.S.C. 

8 1455a(d)) is amended by adding at the end the following: 

9 ‘‘(4) The Secretary may reduce or waive the matching 

10 requirement under paragraph (1) for an eligible coastal 

11 state if— 

12 ‘‘(A) the eligible coastal state submits to the Sec13 retary in writing— 

14 ‘‘(i) a request for such a reduction or waiv15 er and, in the case of a request for a reduction, 

16 the amount of the reduction; and 

17 ‘‘(ii) a justification for why the state cannot 

18 meet the matching requirement; and 

19 ‘‘(B) the Secretary agrees with the justifica20 tion.’’. 

21 (c) MONITORING AND REPORTING ON PERFORM22 ANCE.—Section 306A of such Act (16 U.S.C. 1455a) is 

23 amended by adding at the end the following: 

24 ‘‘(g) The Secretary shall require each eligible coastal 

25 state (or a representative of the state) receiving a grant 


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1 under subsection (b)(5) to carry out a living shoreline 

2 project— 

3 ‘‘(1) to monitor and collect data on— 

4 ‘‘(A) the benefits of the project to the coastal 

5 community in which the project is carried out, 

6 including— 

7 ‘‘(i) mitigating the effects of erosion; 

8 ‘‘(ii) attenuating the impact of coastal 

9 storms and storm surge; 

10 ‘‘(iii) mitigating shoreline flooding; 

11 ‘‘(iv) mitigating the effects of sea level 

12 rise and extreme tides; 

13 ‘‘(v) sustaining, protecting, or restor14 ing the functions and habitats of coastal 

15 ecosystems; or 

16 ‘‘(vi) such other forms of coastal pro17 tection as the Secretary considers appro18 priate; and 

19 ‘‘(B) the performance of the project in pro20 viding such benefits; 

21 ‘‘(2) to make data collected under the project 

22 available on a publicly accessible internet website of 

23 the National Oceanic and Atmospheric Administra24 tion; and 


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1 ‘‘(3) not later than one year after the eligible 

2 coastal state receives the grant, and annually there3 after until completion of the project, to submit to the 

4 Secretary a report including— 

5 ‘‘(A) the data described in paragraph (1); 

6 ‘‘(B) an assessment of the ultimate effective7 ness of the project in increasing coastal protec8 tion in the coastal community in which the 

9 project is carried out, including a description 

10 of— 

11 ‘‘(i) the project; 

12 ‘‘(ii) the activities carried out under 

13 the project; and 

14 ‘‘(iii) the techniques and materials 

15 used in carrying out the project; and 

16 ‘‘(C) a detailed description of any defi17 ciencies or failures of the project to perform as 

18 originally intended. 

19 ‘‘(h) In making eligibility determinations for grants 

20 under subsection (b)(5), the Secretary shall take into ac21 count the successes or failures of each grantee demonstrated 

22 by the compliance of the grantee with the requirements 

23 under subsection (g).’’. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 318(a) of such Act (16 U.S.C. 1464(a)) is amended— 


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1 (1) in paragraph (1)(C), by striking ‘‘and’’ at 

2 the end; 

3 (2) in paragraph (2)(C), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(3) for grants under section 306A(b)(5), 

7 $25,000,000 for each of fiscal years 2021 through 

8 2024.’’. 


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Calendar No. 631 

116TH CONGRESS 

2D SESSION S. 1730 

[Report No. 116–327] 

A BILL 

To direct the Administrator of the National Oceother purposes. the use of natural materials and systems, and for porting ecosystem functions and habitats with projects that protect coastal communities by sup- rying out climate-resilient living shoreline governmental organizations for purposes of car- grants to State and local governments and non- anic and Atmospheric Administration to make 

DECEMBER 15, 2020 

Reported with an amendment 


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