I 
117TH CONGRESS 
1ST SESSION H. R. 3892 
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, bio-
diversity, and marine mammal and fish populations; and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2021 
Mr. BEYER (for himself and Mr. MAST) introduced the following bill; which 
was referred to the Committee on Natural Resources, and in addition to 
the Committee on Science, Space, and Technology, for a period to be sub-
sequently 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 solu-
tions to reduce carbon emissions and global warming; 
to make coastal communities more resilient; and to pro-
vide for the conservation and restoration of ocean and 
coastal habitats, biodiversity, and marine mammal and 
fish populations; and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Ocean and 
Coastal Security Improvements Act of 2021’’. 
SEC. 2. IMPROVEMENTS TO THE NATIONAL OCEANS AND 
COASTAL SECURITY ACT. 
(a) DEFINITION OF TIDAL SHORELINE REFINED.— 
Section 902 of the National Oceans and Coastal Security 
Act (16 U.S.C. 7501) is amended— 
(1) by amending paragraph (7) to read as fol-
lows: 
‘‘(7) TIDAL
SHORELINE.—The term ‘tidal 
shoreline’ means a ‘tidal shoreline’ or a ‘Great Lake 
shoreline’ as such terms are used in section 
923.110(c)(2)(i) of title 15, Code of Federal Regula-
tions, or a similar successor regulation.’’; and 
(2) by adding at the end the following: 
‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given such in section 4 of the In-
dian Self-Determination and Education Assistance 
Act. 
‘‘(9) BLUE CARBON.—The term ‘blue carbon’ 
means the ability of an ocean or coastal ecosystem, 
habitat, or other natural resource to absorb, capture, 
and contain atmospheric carbon dioxide.’’. 
(b) EXPENDITURES.—Section 904(d) of such Act (16 
U.S.C. 7503(d)) is amended to read as follows: 
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‘‘(d) EXPENDITURE.— 
‘‘(1) AMOUNTS
TO
REMAIN
AVAILABLE.— 
Amounts in the Fund shall remain available until 
extended to carry out the purposes of the Fund. 
‘‘(2) DISTRIBUTION.—Of the amounts in the 
Fund, in each fiscal year— 
‘‘(A) not less than $150,000,000 shall be 
used for the award of grants under section 
906(b); 
‘‘(B) not less than $50,000,000 shall be 
used for the award of grants under section 
906(c); 
‘‘(C) 
any 
amounts 
in 
excess 
of 
$200,000,000 shall be distributed such that— 
‘‘(i) 80 percent of such amounts shall 
be used for the award of grants under sec-
tion 906(b); and 
‘‘(ii) 20 percent of such amounts shall 
be used for the award of grants under sec-
tion 906(c). 
‘‘(D) Of amounts provided in this sub-
section, not more than 4 percent may be used 
by the Administrator and the National Fish 
and Wildlife Foundation for direct costs to 
carry out this chapter.’’. 
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(c) ELIGIBLE USES OF THE FUND.—Section 905 of 
such Act (16 U.S.C. 7504) is amended to read as follows: 
‘‘SEC. 905. ELIGIBLE USES. 
‘‘(a) IN GENERAL.—Amounts in the Fund may be 
allocated by the Administrator and the Foundation for 
grants under section 906(c) to support programs and ac-
tivities intended to protect, conserve, restore, better under-
stand, and use ocean and coastal resources and coastal 
infrastructure, including, if appropriate, scientific re-
search, resiliency planning, implementation, and moni-
toring and spatial planning, data-sharing, and other pro-
grams and activities carried out in coordination with Fed-
eral and State departments or agencies, including the fol-
lowing: 
‘‘(1) Ocean, coastal, and Great Lakes restora-
tion and protection, including efforts to address po-
tential impacts of sea level change, sedimentation, 
erosion, changes in ocean chemistry, hurricanes and 
other extreme weather, flooding, and changes in 
ocean temperature to natural resources, commu-
nities, and coastal economies. 
‘‘(2) Restoration, protection, or maintenance of 
living ocean, coastal, and Great Lakes resources and 
their habitats, including habitats and ecosystems 
that provide blue carbon benefits. 
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‘‘(3) Planning for and managing coastal devel-
opment to enhance ecosystem and community integ-
rity, or to minimize impacts from sea level change, 
hurricanes and other extreme weather, flooding, and 
coastal erosion. 
‘‘(4) Projects to address management, planning, 
or resiliency and readiness issues which are regional 
or interstate in scope, such as regional ocean part-
nerships or similar bodies. 
‘‘(5) Efforts that contribute to the under-
standing of ecological, economic, societal, and na-
tional security threats driven by changes to the 
oceans, coasts, and Great Lakes. 
‘‘(6) Efforts to preserve, protect, and collect 
data, including public ocean and coastal data por-
tals, that would support sustainable water-dependent 
commercial activities including commercial fishing, 
recreational fishing businesses, aquaculture, boat 
building, or other coastal-related businesses. 
‘‘(7) Efforts to assist coastal States in repo-
sitioning, relocating or deploying natural or nature- 
based features to enhance the resiliency of critical 
coastal transportation, emergency response, water, 
electrical, and other infrastructure, that are already 
subject to or face increased future risks of hurri-
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canes, coastal flooding, coastal erosion, or sea level 
change to ensure the economic security, safety, and 
ecological well-being of the coasts of the United 
States. 
‘‘(8) Acquiring property or interests in property 
if— 
‘‘(A) the area is located within a coastal 
county or adjacent county; 
‘‘(B) the funds made available under this 
subtitle are used to acquire land or interest in 
land by purchase, exchange, or donation from a 
willing seller; 
‘‘(C) the Governor of the State in which 
the property or interests in property are ac-
quired approves of the acquisition; and 
‘‘(D) such property or interest is acquired 
in a manner that will ensure such property or 
interest will be administered to support the pur-
poses of this Act. 
‘‘(9) Protection and modification of critical 
coastal public infrastructure affected by erosion, 
hurricanes or other extreme weather, flooding, or sea 
level change. 
‘‘(10) Assistance for small businesses and com-
munities that are dependent on coastal tourism as 
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eligible efforts that help coastal economies minimize 
impacts from sea level rise and disasters. 
‘‘(11) Projects that use natural and nature- 
based approaches for enhancing the resiliency of 
wastewater and stormwater infrastructure as eligible 
critical infrastructure projects (as compared to just 
general water infrastructure, which can also include 
drinking water systems). 
‘‘(12) Technical assistance to help develop com-
prehensive resilience and mitigation plans as an eli-
gible funding effort. 
‘‘(b) PROHIBITION ON USE OF FUNDS FOR LITIGA-
TION.—No funds made available under this Act may be 
used to fund litigation against the Federal Government.’’. 
(d) GRANTS.— 
(1) ADMINISTRATION.—Section 906(a)(1) of 
such Act (16 U.S.C. 7505(a)(1)) is amended— 
(A) by amending subparagraph (B) to read 
as follows: 
‘‘(B) Selection procedures and criteria for 
the awarding of grants under this section that 
require consultation with the Administrator and 
the Secretary of the Interior.’’; 
(B) by amending subparagraph (C)(ii) to 
read as follows: 
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‘‘(ii) under subsection (c) to entities 
including States, local governments, re-
gional and interstate collaboratives, asso-
ciations, nonprofit and for-profit private 
entities, public-private partnerships, aca-
demic institutions, and Indian Tribes.’’; 
(C) in subparagraph (F), by striking ‘‘year 
if grants have been awarded in that year’’ and 
inserting ‘‘5 years’’; and 
(D) by adding at the end the following: 
‘‘(I) A method to give special consideration 
in reviewing proposals to projects with either di-
rect or indirect coastal or marine blue carbon 
benefits and an accounting methodology to 
quantify these benefits for the purposes of the 
annual report required under section 907.’’. 
(2) GRANTS
TO
COASTAL
STATES.—Section 
906(b) of such Act (16 U.S.C. 7505(b)) is amended 
to read as follows: 
‘‘(b) GRANTS TO COASTAL STATES.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (3) 
and (4), the Administrator shall award grants to eli-
gible coastal States based on the following formula: 
‘‘(A) 50 of the funds are allocated equally 
among eligible coastal States. 
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‘‘(B) 25 percent of the funds are allocated 
on the basis of the ratio of tidal shoreline miles 
in a coastal State to the tidal shoreline miles of 
all coastal States. 
‘‘(C) 25 percent of the funds are allocated 
on the basis of the ratio of population density 
of the coastal counties of a coastal State to the 
average population density of all coastal coun-
ties based on the most recent data available by 
the Census Bureau. 
‘‘(2) MAXIMUM ALLOCATION TO STATES.—Not-
withstanding paragraph (1), not more than 5 per-
cent of the total funds distributed under this sub-
section may be allocated to any single State. Any 
amount exceeding this limit shall be redistributed 
equally among the remaining eligible coastal States. 
‘‘(3) REQUIREMENT TO SUBMIT PLANS.— 
‘‘(A) IN GENERAL.—To be eligible to re-
ceive a grant under this subsection, an eligible 
coastal State shall submit to the Administrator 
for review and approval, a 5-year plan, which 
shall include the following: 
‘‘(i) Criteria to determine eligibility 
for entities which may receive grants under 
this subsection. 
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