154 
(B) areas of high marine mammal primary 
productivity with year-round or seasonal aggre-
gations of marine mammals to which this sec-
tion applies. 
(c) DEADLINE FOR REGULATIONS.—Not later than 
24 months after the date of enactment of this Act, the 
Administrator shall designate such areas and issue such 
regulations as are necessary to carry out this section and 
to designate areas of importance pursuant to this section, 
consistent with notice and comment requirements under 
chapter 5 of title 5, United States Code. 
(d) MODIFYING OR DESIGNATING NEW AREAS OF 
IMPORTANCE.— 
(1) The Administrator shall issue regulations to 
modify or designate the areas of importance under 
this section within 180 days after the issuance of 
regulations to establish or to modify critical habitat 
for strategic stocks of marine mammals pursuant to 
the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.). 
(2) The Administrator shall reexamine the 
areas of importance designated under this section 
every five years following the initial issuance of the 
regulations to determine if the best available sci-
entific information warrants modification or designa-
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tion of areas of importance, and shall publish any 
revisions in the Federal Register after notice and op-
portunity for public comment. 
(3) Within 90 days after receiving the petition 
of an interested person under 553(e) of title 5, 
United States Code, to designate, modify, or add an 
area of importance under this section, the Adminis-
trator shall make a finding as to whether the peti-
tion presents substantial scientific information indi-
cating that the petitioned action may be warranted. 
The Administrator shall promptly publish such find-
ing in the Federal Register for comment. Within 
180 days after the close of comments, the Adminis-
trator shall publish in the Federal Register a finding 
of whether the petitioned action is warranted and, if 
the Administrator determines that the petitioned ac-
tion is warranted, shall publish draft regulations 
designating the area of importance and any relevant 
technical control operations pursuant to subsection 
(j). Within 180 days after the close of comments on 
the draft regulations, the Administrator shall issue 
final regulations designating the area of importance 
and any relevant technical control operations pursu-
ant to subsection (j). 
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(e) EXCEPTIONS
FOR SAFE MANEUVERING
AND 
USING AUTHORIZED TECHNOLOGY.— 
(1) The restriction established under subsection 
(a) shall not apply to a vessel operating at a speed 
necessary to maintain safe maneuvering speed if 
such speed is justified because the vessel is in an 
area where oceanographic, hydrographic, or meteoro-
logical conditions severely restrict the maneuver-
ability of the vessel and the need to operate at such 
speed is confirmed by the pilot on board or, when a 
vessel is not carrying a pilot, the master of the ves-
sel. If a deviation from the applicable speed limit is 
necessary pursuant to this subsection, the reasons 
for the deviation, the speed at which the vessel is op-
erated, the latitude and longitude of the area, and 
the time and duration of such deviation shall be en-
tered into the logbook of the vessel. The master of 
the vessel shall attest to the accuracy of the logbook 
entry by signing and dating it. 
(2)(A) The speed limit established under sub-
section (a) shall not apply to a vessel operating 
using technology authorized by regulations issued by 
the Administrator under subparagraph (B). 
(B) The Administrator may issue regulations 
authorizing a vessel to operate using technology 
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specified by the Administrator under this subpara-
graph if the Administrator determines that such op-
eration is at least as effective as the speed limit 
under subsection (a) in reducing mortality and in-
jury to marine mammals and the disturbance of ma-
rine mammal habitat. 
(f) APPLICABILITY.—The speed restriction estab-
lished under subsection (a)— 
(1) shall apply to all vessels subject to the juris-
diction of the United States, and all other vessels 
entering or departing a port or place subject to the 
jurisdiction of the United States; and 
(2) shall not apply to— 
(A) United States vessels engaged in mili-
tary readiness activities; or 
(B) law enforcement vessels of the Federal 
Government, when engaged in law enforcement 
or search and rescue duties. 
(g) AUTOMATIC IDENTIFICATION SYSTEMS.—Section 
70114(a) of title 46, United States Code, is amended to 
read as follows: 
‘‘(1) Subject to paragraph (2), the following 
vessels, while operating on the navigable waters of 
the United States, in the United States exclusive 
economic zone, and on the high seas, shall be 
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equipped with and operate an automatic identifica-
tion system under regulations prescribed by the Sec-
retary: 
‘‘(A) A self-propelled commercial vessel of 
at least 49 feet overall in length. 
‘‘(B) A vessel carrying more than a num-
ber of passengers for hire determined by the 
Secretary. 
‘‘(C) A towing vessel of more than 26 feet 
overall in length and 600 horsepower. 
‘‘(D) Any other vessel for which the Sec-
retary decides that an automatic identification 
system is necessary for the safe navigation of 
the vessel.’’. 
(h) ADJUDICATIVE ENFORCEMENT PROCESS.— 
(1) IN GENERAL.—It is unlawful for any vessel 
identified in subsection (f)(1) to violate the speed re-
striction established in subsection (a). 
(2) REGULATIONS REQUIRED.—Not later than 
24 months after the date enactment of this Act, the 
Administrator shall issue such regulations as are 
necessary to create a process for investigating and 
adjudicating violations of paragraph (1). 
(3) FILING OF COMPLAINT.—Any entity may 
file a complaint regarding a violation of this section 
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in a manner determined appropriate by the Adminis-
trator, upon which the Administrator shall initiate 
an investigation. 
(4) STATUTORY
CONSTRUCTION.—Nothing in 
this Act shall be construed as modifying, limiting, or 
superseding enforcement processes established under 
the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) or the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1361 et seq.). 
(i) PENALTIES.—Any person found to have violated 
this section shall be held liable for their actions. A finding 
of willful violation or a finding of reckless disregard for 
restrictions implemented pursuant to this section may 
warrant civil penalties— 
(1) including fines up to and including the stat-
utory maximum civil penalties and criminal fines 
identified under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) and the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
seq.); and 
(2) in the case of a vessel subject to the juris-
diction of the United States, may include— 
(A) suspension or rescission of vessel oper-
ation license; 
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(B) suspension or revocation of fishing 
permits; and 
(C) revocation of incidental take permits. 
(j) TECHNICAL CONTROL OPERATIONS.—In carrying 
out this section, the Administrator, in consultation with 
the Secretary of Homeland Security, Secretary of Defense, 
Secretary of Transportation, and Secretary of the Interior, 
may implement technical control operations to complement 
vessel speed reductions’ goal of reduced risk to vulnerable 
marine species. Such operations which may include— 
(1) temporary, seasonal, or dynamic area clo-
sures; 
(2) gear restrictions or modification require-
ments; 
(3) limitations on volume of vessel traffic; and 
(4) the establishment of additional size-specific 
speed limits beyond the limit in subsection (a). 
(k) STATUTORY CONSTRUCTION.— 
(1) Nothing in this section shall be interpreted 
or implemented in a manner that— 
(A) subject to paragraph (2), preempts or 
modifies any obligation of any person subject to 
the provisions of this title to act in accordance 
with applicable State laws, except to the extent 
that those laws are inconsistent with any provi-
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sion of this title, and then only to the extent of 
the inconsistency; 
(B) affects or modifies any obligation 
under Federal law; or 
(C) preempts or supersedes the Final Rule 
To Implement Speed Restrictions to Reduce the 
Threat of Ship Collisions With North Atlantic 
Right Whales, codified at section 224.105 of 
title 50, Code of Federal Regulations, except 
for actions that are more protective than the 
Final Rule and further reduce the risk of take 
to North Atlantic right whales. 
(2) The Administrator may determine whether 
inconsistencies referred to in paragraph (1)(A) exist, 
but may not determine that any State law is incon-
sistent with any provision of this title if the Admin-
istrator determines that such law gives greater pro-
tection to covered marine species and their habitat. 
SEC. 803. MONITORING OCEAN NOISE FOR MARINE MAM-
MAL HEALTH. 
(a) IN GENERAL.—The Administrator shall maintain 
and expand an Ocean Noise Reference Station Network, 
utilizing and coordinating with the Integrated Ocean Ob-
serving System to— 
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(1) provide grants to expand the deployment of 
Federal and non-Federal observation systems capa-
ble of collecting measurements of underwater sound 
in high-priority ocean and coastal locations for pur-
poses of monitoring and analyzing baselines and 
trends in the underwater soundscape to protect and 
manage marine life; 
(2) continue to develop and apply standardized 
forms of measurements to assess sounds produced 
by marine animals, physical processes, and anthro-
pogenic activities; and 
(3) coordinate and make accessible to the public 
the datasets, modeling and analysis, and user-driven 
products and tools, resulting from observations of 
underwater sound funded through grants authorized 
by this section. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator to sup-
port integrated ocean observations activities carried out 
under this section, $1,000,000 for each of fiscal years 
2021 through 2025. 
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SEC. 804. GRANTS FOR SEAPORTS TO ESTABLISH PRO-
GRAMS TO REDUCE THE IMPACTS OF VESSEL 
TRAFFIC AND PORT OPERATIONS ON MARINE 
MAMMALS. 
(a) IN GENERAL.—The Administrator shall, within 
6 months of the date of enactment of this Act, establish 
a grant program to provide assistance to up to ten sea-
ports to develop and implement mitigation measures that 
will lead to a quantifiable reduction in threats to marine 
mammals from shipping activities and port operations. 
(b) ELIGIBLE USES.—Grants provided under this 
section may be used to develop and carry out activities 
that quantifiably reduce threats and enhance the habitats 
of marine mammals by— 
(1) reducing underwater noise related to marine 
traffic; 
(2) reducing ship strike mortality and other 
physical disturbances; 
(3) enhancing marine mammal habitat, includ-
ing the habitat for prey of marine mammals; or 
(4) monitoring underwater noise, vessel inter-
actions with marine mammals, or other types of 
monitoring that are consistent with reducing the 
threats to and enhancing the habitats of marine 
mammals. 
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(c) PRIORITY.—The Administrator shall prioritize as-
sistance under this section for projects that— 
(1) assist ports with higher relative threat levels 
to vulnerable marine mammals from vessel traffic; 
(2) project higher levels of— 
(A) reduction of noise from vessels; and 
(B) reduction of disturbance or ship strike 
mortality risk; or 
(3) allow eligible entities to conduct risk assess-
ments, and track progress toward threat reduction 
and habitat enhancement. 
(d) OUTREACH.—The Administrator shall conduct 
outreach to seaports to provide information on how to 
apply for assistance under this section, the benefits of the 
program under this section, and facilitation of best prac-
tices and lessons learned. 
(e) ELIGIBLE ENTITIES.—A person shall be eligible 
for assistance under this section if the person is— 
(1) a port authority for a seaport; 
(2) a State, regional, local, or Tribal agency 
that has jurisdiction over a maritime port authority 
or a seaport; or 
(3) a private or government entity, applying for 
a grant awarded under this section in collaboration 
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with another entity described in paragraph (1) or 
(2), that owns or operates a maritime terminal. 
(f) REPORT.—The Administrator shall submit annu-
ally to the Committee on Natural Resources of the House 
of Representatives, and the Committee on Commerce, 
Science, and Transportation of the Senate, a report that 
includes the following: 
(1) The name and location of each entity receiv-
ing a grant. 
(2) Amount of each grant. 
(3) The name and location of the seaport in 
which the activities took place. 
(4) A description of the activities carried out 
with the grant funds. 
(5) An estimate of the impact of the project to 
reduce threats or enhance habitat of marine mam-
mals. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator for 
carrying out this section, $4,000,000 for each of fiscal 
years 2021 through 2025, to remain available until ex-
pended. 
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TITLE 
IX—INTERNATIONAL 
AGREEMENTS, 
EFFORTS 
IN 
THE ARCTIC, AND BUREAU OF 
INDIAN AFFAIRS TRIBAL RE-
SILIENCE PROGRAM 
Subtitle A—International 
Agreements 
SEC. 901. UNITED NATIONS CONVENTION ON THE LAW OF 
THE SEA. 
It is the sense of the House of Representatives that— 
(1) the United States Senate should give its ad-
vice and consent to the ratification of the United 
Nations Convention on the Law of the Sea 
(UNCLOS), adopted by the Third United Nations 
Conference on the Law of the Sea in December 
1982 and entered into force in November 1994, to 
establish a treaty regime to govern activities on, 
over, and under the world’s oceans; 
(2) UNCLOS builds on four 1958 Law of the 
Sea conventions to which the United States is a 
party, namely— 
(A) the Convention on the Territorial Sea 
and the Contiguous Zone; 
(B) the Convention on the High Seas; 
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(C) the Convention on the Continental 
Shelf; and 
(D) the Convention on Fishing and Con-
servation of the Living Resources of the High 
Seas; 
(3) UNCLOS and an associated 1994 agree-
ment relating to implementation of the treaty were 
transmitted to the Senate on October 6, 1994; 
(4) in the absence of advice and consent from 
the Senate, the United States is not a party to 
UNCLOS nor to the associated 1994 agreement; 
(5) becoming a party to UNCLOS would give 
the United States standing to participate in discus-
sions relating to the treaty and thereby improve the 
ability of the United States to intervene as a full 
party in disputes relating to navigational rights and 
defend United States interpretations of the treaty’s 
provisions, including those relating to the rights of 
coastal states to regulate foreign military activities 
in their exclusive economic zones; 
(6) becoming a party to the treaty would im-
prove the ability of the United States to achieve the 
environmental, social, and economic purposes of sup-
porting the implementation and enforcement of 
international fisheries agreements and the protection 
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of highly migratory species under the Magnuson Ste-
vens Act, the Shark Conservation Act, and the High 
Seas Driftnet Fishing Moratorium Protection Act; 
and 
(7) relying on customary international norms to 
defend United States interests or relying on other 
countries to assert claims on behalf of the United 
States at the Hague Convention is insufficient to de-
fend and uphold United States sovereign rights and 
interests under UNCLOS. 
Subtitle B—Efforts in the Arctic 
SEC. 911. REINSTATEMENT OF EXECUTIVE ORDER 13754; 
NORTHERN BERING SEA CLIMATE RESIL-
IENCE AREA. 
Beginning on the date of the enactment of this Act— 
(1) section 4(c) of Executive Order 13795 of 
April 28, 2017, shall have no force or effect; and 
(2) Executive Order 13754 of December 9, 
2016 (relating to Northern Bering Sea Climate Re-
silience), shall have the force and effect of law. 
SEC. 912. PLAN FOR THE UNITED STATES TO CUT BLACK 
CARBON EMISSIONS TO 33 PERCENT BELOW 
2013 LEVELS BY 2025. 
(a) FINDINGS.—Congress finds that— 
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(1) black carbon is a highly potent greenhouse 
gas that is likely responsible for about a quarter of 
the warming the Arctic has experienced over the last 
century; 
(2) black carbon particles have a short lifecycle 
in the atmosphere but trap heat far more powerfully 
than carbon dioxide; and 
(3) when black carbon falls on land and sea ice, 
it darkens surfaces and thus absorbs more heat, 
causing ice to melt at a faster rate. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should honor its commitment 
to the Arctic Council to cut black carbon emissions by 
2025 to a level that is between 25 and 33 percent below 
the levels emitted by the United States in 2013. 
(c) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State, 
in consultation with the Secretary of Transportation, the 
Administrator, and the Administrator of the Environ-
mental Protection Agency, shall submit to the appropriate 
congressional committees and make available to the public 
a plan for the United States to cut black carbon emissions 
by 2025 to a level that is between 25 and 33 percent below 
the levels emitted by the United States in 2013 that de-
scribes— 
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(1) the measures the Federal Government will 
take to achieve such targeted emissions level; and 
(2) how the United States may use multilateral 
and bilateral diplomatic tools to encourage and as-
sist other member countries of the Arctic Council to 
fulfill the goals announced in 2017. 
(d) UPDATES TO PLAN.—Not later than 1 year after 
the date of the enactment of this Act, and annually there-
after, the Secretary of State, in consultation with the Sec-
retary of Transportation, the Administrator, and the Ad-
ministrator of the Environmental Protection Agency, shall 
submit to the appropriate congressional committees and 
make available to the public a report on the progress made 
toward implementing the plan submitted pursuant to sub-
section (c). 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Affairs, the 
Committee on Natural Resources, and the Com-
mittee on Energy and Commerce of the House of 
Representatives; and 
(2) the Committee on Foreign Relations, the 
Committee on Commerce, the Committee on Envi-
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ronment and Public Works, and the Committee on 
Energy and Natural Resources of the Senate. 
(f) PUBLIC COMMENT.—The Secretary of State 
shall— 
(1) before submitting such plan and report to 
the appropriate congressional committees— 
(A) publish the plan and the report in the 
Federal Register; and 
(B) provide a period of at least 90 days for 
public comment on each of the plan and the re-
port; and 
(2) after each such period for public comment, 
continue to make the proposed plan and report, as 
well as the comments received, available to the pub-
lic on regulations.gov (or any successor website). 
Subtitle C—Bureau of Indian 
Affairs Tribal Resilience Program 
SEC. 921. BUREAU OF INDIAN AFFAIRS TRIBAL RESILIENCE 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
(hereafter in this subtitle referred to as the ‘‘Secretary’’) 
shall establish a program— 
(1) to improve the resilience of Indian Tribes to 
the effects of a changing climate; 
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(2) to support Native American leaders in 
building strong communities that are resilient to cli-
mate change; 
(3) to ensure agency effectiveness in fulfilling 
Federal Indian trust responsibilities in the face of 
climate change; and 
(4) to ensure the development of modern, cost- 
effective infrastructure in Tribal communities. 
(b) GRANTS.— 
(1) AUTHORITY.—As part of the program es-
tablished under subsection (a), the Secretary shall to 
the extent funds are made available through Acts of 
appropriation make multiyear grants to Indian 
Tribes for eligible activities described in this para-
graph (2). 
(2) ELIGIBLE ACTIVITIES.—Grants under this 
subsection may be used for the following in Indian 
communities and on Indian land: 
(A) Development and delivery of adapta-
tion training. 
(B) Adaptation planning, vulnerability as-
sessments, emergency preparedness planning, 
and monitoring. 
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(C) Capacity building through travel sup-
port for training, technical sessions, and cooper-
ative management forums. 
(D) Travel support for participation in 
ocean and coastal planning. 
(E) Development of science-based informa-
tion and tools to enable adaptive resource man-
agement and the ability to plan for resilience. 
(F) Relocation of villages or other commu-
nities experiencing or susceptible to coastal or 
river erosion and flooding. 
(G) Construction of infrastructure to sup-
port emergency evacuations related to climate 
change. 
(H) Restoration of ecosystems and con-
struction of natural and nature-based features 
to address risks from coastal and riverine flood-
ing and erosion. 
(I) Restoration, relocation, repair of infra-
structure damaged by melting permafrost or 
coastal or river erosion and flooding. 
(J) Installation and management of energy 
systems that reduce energy costs and green-
house gas emissions compared to the energy 
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systems in use before that installation and man-
agement. 
(K) Construction and maintenance of so-
cial or cultural infrastructure that supports re-
silience. 
(3) APPLICATIONS.—An Indian Tribe desiring a 
grant under this subsection shall submit to the Sec-
retary an application at such time, in such manner, 
and containing such information as the Secretary 
may require, including a description of the eligible 
activities to be undertaken using the grant. 
(c) INTERAGENCY COOPERATION.—The Secretary, 
the Secretary of Commerce, and the Administrator of the 
Environmental Protection Agency shall establish under 
the White House Council on Native American Affairs an 
interagency subgroup on Tribal resilience, which shall— 
(1) work with Indian Tribes to collect and share 
data and information, including traditional ecological 
knowledge, about how the effects of a changing cli-
mate are relevant to Indian Tribes; and 
(2) identify opportunities for the Federal Gov-
ernment to improve collaboration and assist with ad-
aptation and mitigation efforts that promote resil-
ience. 
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(d) TRIBAL RESILIENCE LIAISON.—The Secretary 
shall establish a Tribal resilience liaison— 
(1) to coordinate with Indian Tribes and rel-
evant Federal agencies regarding the program under 
this section, grant opportunities related to the pro-
gram, climate adaptation, and climate resilience 
planning; and 
(2) to help ensure Tribal engagement in climate 
conversations at the Federal level. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section, 
$200,000,000 for each of fiscal years 2021 through 2025. 
TITLE X—COASTAL RESILIENCY 
AND ADAPTATION 
SEC. 1001. LIVING SHORELINE GRANT PROGRAM. 
(a) 
ESTABLISHMENT.—The 
Administrator 
shall 
make grants to eligible entities for purposes of— 
(1) designing and implementing large- and 
small-scale, climate-resilient living shoreline projects; 
and 
(2) applying innovative uses of natural mate-
rials and systems to protect coastal communities, 
habitats, and natural system functions. 
(b) PROJECT PROPOSALS.—To be eligible to receive 
a grant under this section, an eligible entity shall— 
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(1) submit to the Administrator a proposal for 
a living shoreline project, including monitoring, data 
collection, and measurable performance criteria with 
respect to the project; 
(2) demonstrate to the Administrator that the 
entity has any permits or other authorizations from 
local, State, and Federal Government agencies nec-
essary to carry out the living shoreline project or 
provide evidence demonstrating general support from 
such agencies; and 
(3) include an engagement or education compo-
nent that seeks and solicits feedback from the local 
or regional community most directly affected by the 
proposal. 
(c) PROJECT SELECTION.— 
(1) DEVELOPMENT OF CRITERIA.—The Admin-
istrator shall select eligible entities to receive grants 
under this section based on criteria developed by the 
Administrator, in consultation with relevant offices 
of the National Oceanic and Atmospheric Adminis-
tration, such as the Office of Habitat Conservation, 
the Office for Coastal Management, and the Res-
toration Center. 
(2) CONSIDERATIONS.—In developing criteria 
under paragraph (1) to evaluate a proposed living 
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(iv) mitigating the effects of sea level 
rise, accelerated land loss, and extreme 
tides; 
(v) sustaining, protecting, or restoring 
the functions and habitats of coastal eco-
systems; 
(vi) protecting important cultural sites 
or values; or 
(vii) such other forms of coastal pro-
tection as the Administrator considers ap-
propriate; and 
(E) the potential of the project to support 
resiliency at a military installation or commu-
nity infrastructure supportive of a military in-
stallation (as such terms are defined in section 
2391 of title 10, United States Code). 
(3) PRIORITY.—In selecting living shoreline 
projects to receive grants under this section, the Ad-
ministrator shall give priority consideration to a pro-
posed project to be conducted in an area— 
(A) for which the President has declared, 
during the 10-year period preceding the submis-
sion of the proposal for the project under sub-
section (b), that a major disaster exists pursu-
ant to section 401 of the Robert T. Stafford 
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Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170) because of a hurricane, trop-
ical storm, coastal storm, or flooding; 
(B) that has a documented history of 
coastal erosion or frequent coastal inundation 
during that 10-year period; or 
(C) that includes communities that may 
not have adequate resources to prepare for or 
respond to coastal hazards, including low in-
come communities, communities of color, Tribal 
communities, 
Indigenous 
communities, 
and 
rural communities. 
(4) MINIMUM STANDARDS.— 
(A) IN
GENERAL.—The Administrator 
shall develop minimum standards to be used in 
selecting eligible entities to receive grants under 
this section, taking into account— 
(i) the considerations described in 
paragraph (2); 
(ii) the need for such standards to be 
general enough to accommodate concerns 
relating to specific project sites; and 
(iii) the consideration of an estab-
lished eligible entity program with systems 
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to disburse funding from a single grant to 
support multiple small-scale projects. 
(B) 
CONSULTATIONS.—In 
developing 
standards under subparagraph (A), the Admin-
istrator— 
(i) shall consult with relevant offices 
of the National Oceanic and Atmospheric 
Administration, such as the Office of Habi-
tat Conservation, the Office for Coastal 
Management, and the Restoration Center; 
and 
(ii) may consult with— 
(I) relevant interagency councils, 
such as the Estuary Habitat Restora-
tion Council; 
(II) Tribes and Tribal organiza-
tions; 
(III) State coastal management 
agencies; and 
(IV) relevant nongovernmental 
organizations. 
(d) USE OF FUNDS.—A grant awarded under this 
section to an eligible entity to carry out a living shoreline 
project may be used by the eligible entity only— 
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(1) to carry out the project, including adminis-
tration, design, permitting, entry into negotiated in-
direct cost rate agreements, and construction; 
(2) to monitor, collect, and report data on the 
performance (including performance over time) of 
the project, in accordance with standards issued by 
the Administrator under subsection (f)(2); or 
(3) to incentivize landowners to engage in living 
shoreline projects. 
(e) COST-SHARING.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an eligible entity that receives a grant 
under this section to carry out a living shoreline 
project shall provide, from non-Federal sources, 
funds or other resources (such as land or conserva-
tion easements or in-kind matching from private en-
tities) valued at not less than 50 percent of the total 
cost, including administrative costs, of the project. 
(2) REDUCED
MATCHING
REQUIREMENT
FOR 
CERTAIN
COMMUNITIES.—The Administrator may 
reduce or waive the matching requirement under 
paragraph (1) for an eligible entity representing a 
community or nonprofit organization if— 
(A) the eligible entity submits to the Ad-
ministrator in writing— 
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(i) a request for such a reduction and 
the amount of the reduction; and 
(ii) a justification for why the entity 
cannot meet the matching requirement; 
and 
(B) the Administrator agrees with the jus-
tification. 
(f) MONITORING AND REPORTING.— 
(1) IN GENERAL.—The Administrator shall re-
quire each eligible entity receiving a grant under this 
section (or a representative of the entity) to carry 
out a living shoreline project— 
(A) to transmit to the Administrator data 
collected under the project; 
(B) to monitor the project and to collect 
data on— 
(i) the ecological and economic bene-
fits of the project and the protection pro-
vided by the project for the coastal com-
munity where the project is carried out, in-
cluding through— 
(I) mitigating the effects of ero-
sion; 
(II) attenuating the impact of 
coastal storms and storm surge; 
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(III) mitigating shoreline flood-
ing; 
(IV) mitigating the effects of sea 
level rise, accelerated land loss, and 
extreme tides; 
(V) sustaining, protecting, or re-
storing the functions and habitats of 
coastal ecosystems; or 
(VI) such other forms of coastal 
protection as the Administrator con-
siders appropriate; and 
(ii) the performance of the project in 
providing such protection; 
(C) to make data collected under the 
project available on a publicly accessible inter-
net website of the National Oceanic and Atmos-
pheric Administration; and 
(D) not later than 1 year after the entity 
receives the grant, and annually thereafter until 
the completion of the project, to submit to the 
Administrator a report on— 
(i) the measures described in subpara-
graph (B); and 
(ii) the effectiveness of the project in 
increasing protection of the coastal com-
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munity where the project is carried out 
through living shorelines techniques, in-
cluding— 
(I) a description of— 
(aa) the project; 
(bb) the activities carried 
out under the project; and 
(cc) the techniques and ma-
terials used in carrying out the 
project; and 
(II) data on the performance of 
the project in providing protection to 
that coastal community. 
(2) GUIDELINES.—In developing guidelines re-
lating to paragraph (1)(C), the Administrator shall 
consider how additional data could safely be col-
lected before and after major disasters or severe 
weather events to measure project performance and 
project recovery. 
(3) STANDARDS.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, the 
Administrator shall, in consultation with rel-
evant offices of the National Oceanic and At-
mospheric Administration, relevant interagency 
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councils, and relevant nongovernmental organi-
zations, issue standards for the monitoring, col-
lection, and reporting under subsection (d)(2) 
of data regarding the performance of living 
shoreline projects for which grants are awarded 
under this section. 
(B) REPORTING.—The standards issued 
under subparagraph (A) shall require an eligi-
ble entity receiving a grant under this section 
to report the data described in that subpara-
graph to the Administrator on a regular basis. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator 
$50,000,000 for each of fiscal years 2021 through 2025 
for purposes of carrying out this section. 
(h) MINIMUM REQUIRED FUNDS FOR SHORELINE 
PROJECTS LOCATED WITHIN THE GREAT LAKES.—The 
Secretary shall use not less than 10 percent of the funds 
awarded under this section for grants to projects located 
in the Great Lakes. 
(i) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any of the following: 
(A) A unit of a State or local government. 
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(B) An organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 
that is exempt from taxation under section 
501(a) of such Code. 
(C) An Indian Tribe (as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)). 
(2) LIVING
SHORELINE
PROJECT.—The term 
‘‘living shoreline project’’— 
(A) means a project that— 
(i) restores or stabilizes a shoreline, 
including marshes, wetlands, and other 
vegetated areas that are part of the shore-
line ecosystem, by using natural materials 
and systems to create buffers to attenuate 
the impact of coastal storms, currents, 
flooding, and wave energy and to prevent 
or minimize shoreline erosion while pro-
viding a net ecological benefit to eco-
systems and habitats; 
(ii) incorporates as many natural ele-
ments as possible, such as native wetlands, 
kelp forests, submerged aquatic plants, 
corals, oyster shells, native grasses, shrubs, 
or trees; 
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(iii) utilizes techniques that incor-
porate ecological and coastal engineering 
principles in shoreline stabilization; and 
(iv) to the extent possible, maintains 
or restores existing natural slopes and con-
nections between uplands and adjacent 
wetlands or surface waters; 
(B) may include the use of— 
(i) natural elements, such as sand, 
wetland plants, logs, oysters or other shell-
fish, submerged aquatic vegetation, corals, 
native grasses, shrubs, trees, or coir fiber 
logs; 
(ii) project elements that provide eco-
logical benefits to coastal ecosystems and 
habitats in addition to shoreline protection; 
and 
(iii) structural materials, such as 
stone, concrete, wood, vinyl, oyster domes, 
or other approved engineered structures in 
combination with natural materials; and 
(C) may include a project that expands 
upon or restores natural living shorelines or ex-
isting living shoreline projects. 
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(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
SEC. 1002. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION RESEARCH PROGRAMS. 
(a) COASTAL SCIENCE AND ASSESSMENT: COMPETI-
TIVE EXTERNAL RESEARCH.— 
(1) IN
GENERAL.—The Administrator shall 
carry out an extramural competitively awarded 
grants program (referred to in this section as the 
‘‘Program’’) focused on interdisciplinary coastal re-
silience and sustainability in accordance with sub-
section (b). 
(2) OBJECTIVE.—The objective of the Program 
shall be to develop scalable, best practices— 
(A) to prepare more resilient, sustainable 
coastal communities; and 
(B) to reduce disaster recovery costs. 
(3) COLLABORATION.—The Secretary shall con-
duct the Program in collaboration with business and 
industry, government agencies, academic institu-
tions, and coastal community stakeholders. 
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(4) ELIGIBILITY.—To be eligible for a grant 
under the Program, an applicant must be an institu-
tion of higher education, nonprofit organization, 
State, local, or Tribal government, for-profit organi-
zation, United States territory, or Federal agency 
that has statutory authority to receive transfers of 
funds. 
(b) COASTAL RESILIENCE RESEARCH COMPETITIVE 
GRANTS.— 
(1) IN GENERAL.—The Administrator shall es-
tablish an annual competitive grants program that 
gives priority to coastal resilience research projects 
that focus on— 
(A) protecting life and critical infrastruc-
ture; 
(B) developing decision-support tools use-
ful to coastal communities; 
(C) determining societal, ecological, and re-
siliency benefits of coastal restoration and nat-
ural, nature-based, and man-made infrastruc-
ture, and how these benefits affect the sustain-
ability of coastal ecosystems; 
(D) volunteer and community-science mon-
itoring of coastal and marine resources as part 
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of efforts to protect coastal communities from 
sea level rise; 
(E) monitoring and developing ecosystem- 
based approaches to managing coastal eco-
systems to promote sustainability; 
(F) assessing and enhancing the capacity 
of human communities to adapt to coastal nat-
ural disasters; 
(G) assessing coastal vulnerability and 
risk; 
(H) evaluating adaptation and restoration 
approaches to reduce risk, including through 
the use of natural, nature-based, and man-made 
features; 
(I) minimizing costs associated with dam-
ages incurred from natural disasters, flooding, 
and sea level rise; and 
(J) developing curriculum for new pro-
grams in coastal restoration at public commu-
nity colleges and within college Sea Grant pro-
grams to train the new coastal restoration 
workforce. 
(2) CRITICAL INFRASTRUCTURE.—In this para-
graph, the term ‘‘critical infrastructure’’ means in-
frastructure, including natural or nature-based in-
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frastructure, the destruction or damaging of which 
would have a debilitating impact on national security 
or economic security, undermine community resil-
iency and adaptation, or threaten public health or 
safety. 
(3) 
NATURAL
AND
NATURE-BASED
FEA-
TURES.—The term ‘‘natural’’ or ‘‘nature-based fea-
tures’’ means coastal wetlands, beaches, dunes, 
marshes, mangrove forests, municipal green infra-
structure, and living shorelines. 
(c) DONATIONS.—The Administrator may accept and 
use donations of funds to implement this section. 
SEC. 1003. GRANTS FOR RECOVERING OYSTERS. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish a grant program (in this section referred to as the 
‘‘Program’’) under which the Administrator shall award 
grants to eligible entities for the purpose of conducting 
research on the conservation, restoration, or management 
of oysters in estuarine ecosystems. 
(b) APPLICATION.—To be eligible to receive a grant 
under this section, an eligible entity shall submit to the 
Administrator an application at such time, in such man-
ner, and containing such information as the Administrator 
may require. 
(c) ALLOCATION OF GRANT FUNDS.— 
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(1) IN
GENERAL.—The Administrator shall 
award a grant under the Program to eligible entities 
that submit an application under subsection (b). 
(2) MATCHING REQUIREMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the total amount of Federal 
funding received under the Program by an eligi-
ble entity may not exceed 85 percent of the 
total cost of the research project for which the 
funding was awarded. For the purposes of this 
subparagraph, the non-Federal share of project 
costs may be provided by in-kind contributions 
and other noncash support. 
(B) WAIVER.—The Administrator may 
waive all or part of the requirement in subpara-
graph (A) if the Administrator determines that 
no reasonable means are available through 
which an eligible entity applying for a grant 
under this section can meet such requirement 
and the probable benefit of such research 
project outweighs the public interest in such re-
quirement. 
(3) EQUITABLE DISTRIBUTION.—The Adminis-
trator shall ensure, to the maximum extent prac-
ticable, that grant funding under this section is ap-
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portioned according to the historic baseline oyster 
population of each estuary of the United States. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ACADEMIC
COMMUNITY.—The term ‘‘aca-
demic community’’ means faculty, researchers, pro-
fessors, and representatives of State-accredited col-
leges and universities. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a member of the academic community, 
the seafood industry, a relevant nonprofit organiza-
tion, or a relevant State agency, that is proposing or 
conducting a research project on the conservation, 
restoration, or management of oysters in an estua-
rine ecosystem developed through consultation with 
a member of the academic community, a member of 
the seafood industry, a relevant nonprofit organiza-
tion, or a relevant State agency. 
(3) HISTORIC BASELINE.—The term ‘‘historic 
baseline’’ means the estimated population of oysters 
in an estuary in 1850. 
(4) NONPROFIT
ORGANIZATION.—The term 
‘‘nonprofit organization’’ means an organization de-
scribed in section 501(c)(3) of the Internal Revenue 
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Code of 1986 and exempt from tax under section 
501(a) of such Code. 
(5) SEAFOOD INDUSTRY.—The term ‘‘seafood 
industry’’ means shellfish growers, shellfish har-
vesters, commercial fishermen, and recreational fish-
ermen. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator 
$6,000,000 for each of the fiscal years 2021 through 2025 
to carry out this section. 
SEC. 1004. 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 the term ‘Indian tribe’ in sec-
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195 
tion 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
‘‘(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) IMPROVEMENTS
TO NATIONAL OCEANS
AND 
COASTAL SECURITY FUND.— 
(1) ESTABLISHMENT
OF
FUND
REQUIRED.— 
Subsection (a) of section 904 of such Act (16 U.S.C. 
7503) is amended by inserting ‘‘and jointly manage’’ 
after ‘‘establish’’. 
(2) DEPOSITS.—Paragraph (1) of subsection 
(b) of section 904 is amended to read as follows: 
‘‘(1) IN GENERAL.—There shall be deposited 
into the Fund, which shall constitute the assets of 
the Fund, amounts as follows: 
‘‘(A) Amounts transferred to the Fund 
under section 908. 
‘‘(B) Such other amounts as may be ap-
propriated or otherwise made available to carry 
out this Act.’’. 
(3) EXPENDITURES.—Section 904 of such Act 
(16 U.S.C. 7503) is amended by striking subsection 
(d) and inserting the following: 
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be divided between the Administrator and the Foun-
dation pursuant to an agreement reached and docu-
mented by both the Administrator and the Founda-
tion.’’. 
(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 to sup-
port programs and activities intended to protect, conserve, 
restore, better understand, and utilize ocean and coastal 
resources and coastal infrastructure, including scientific 
research, resiliency and spatial planning, data-sharing, 
and other programs and activities carried out in coordina-
tion with Federal and State departments or agencies, in-
cluding the following: 
‘‘(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 
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their habitats, including habitats and ecosystems 
that provide blue carbon benefits. 
‘‘(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 but not limited to public ocean and 
coastal data portals, 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 
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coastal transportation, emergency response, water, 
electrical, and other infrastructure, that are already 
subject to or face increased future risks of hurri-
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, 
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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 
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) MATCHING REQUIREMENT.—The Administrator 
and the Foundation shall require a non-Federal match for 
all awards made under section 906(c) from the Fund. 
‘‘(c) 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.—Subsection (a)(1) of 
section 906 of such Act (16 U.S.C. 7505) is amend-
ed— 
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(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: 
‘‘(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.’’. 
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