I 
117TH CONGRESS 
1ST SESSION H. R. 3906 
To establish a Blue Carbon program to conserve and restore marine and 
coastal blue carbon ecosystems, and other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2021 
Mr. HUFFMAN (for himself, Mr. CLEAVER, Mr. GRIJALVA, Ms. BONAMICI, Ms. 
MATSUI, Mr. COHEN, Mr. MCGOVERN, Ms. NORTON, and Mr. CASE) in-
troduced the following bill; which was referred to the Committee on Nat-
ural Resources, and in addition to the Committee on Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To establish a Blue Carbon program to conserve and restore 
marine and coastal blue carbon ecosystems, and other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Blue Carbon Protec-
tion Act’’. 
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SEC. 2. BLUE CARBON PROGRAM. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish and maintain a Blue Carbon Program within the 
National Oceanic and Atmospheric Administration for the 
purposes of furthering conservation objectives for fish and 
wildlife habitat conservation and restoration and coastal 
resilience including the development of ways to incorporate 
ecosystem services from carbon storage into existing do-
mestic and international policies, programs, and activities. 
(b) ADDITIONAL AUTHORITY.—In conducting the 
Program, the Administrator may enter into and perform 
such contracts, leases, grants, or cooperative agreements 
as may be necessary to carry out the purposes of this sub-
title on such terms as Administrator considers appro-
priate. 
(c) ACTIVITIES.—The Administrator shall conduct 
the following activities: 
(1) Collaborate with Federal agencies, State 
agencies, Tribes, and non-governmental organiza-
tions on research, restoration, and protection efforts 
relating to blue carbon ecosystems. 
(2) Develop a database of blue carbon stocks 
and fluxes in the United States. 
(3) Assist in exploration of the potential for a 
market for carbon credits and other financial instru-
ments for protection and restoration initiatives, in-
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cluding research, development of protocols, and eval-
uation of protocols and the efficacy of blue carbon 
markets as a tool for protecting ecosystems. 
(4) Raise awareness of blue carbon ecosystems 
as a tool to further conservation objectives through 
education and extension activities. 
(5) Use existing models or develop new models 
to assess blue carbon storage potential that include 
quantification, verifiability, additionality as com-
pared to a historical baseline, and permanence of 
those benefits. 
(6) Quantify current total and net ecosystem 
carbon storage and sequestration in coastal and ma-
rine areas. 
(7) Project future total and net ecosystem car-
bon storage and sequestration under different sce-
narios influenced by human population growth, sea 
level rise, and other system-wide changes. 
(8) Protect and restore habitats, waters, and 
organisms that are long-term carbon sinks or will be 
subject to habitat change as a result of climate 
change and development. 
(9) Quantify co-benefits of blue carbon eco-
systems, including flood risk reduction, habitat pro-
tection and restoration for endangered and threat-
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ened species, habitat protection and restoration for 
commercial and recreational fisheries, water quality 
improvements, habitat maintenance and restoration, 
cycling of nutrients other than carbon, commercial 
and recreational fishing and boating benefits. 
(10) Assess regional and national ecosystem 
and socioeconomic impacts of carbon sequestration 
and storage. 
(11) Research variability, long-term storage, 
and innovative techniques for effective, long-term, 
natural ocean or coastal ecosystem-based carbon se-
questration. 
(12) Identify areas of particularly high rates of 
carbon sequestration and storage. 
(13) Assess legal issues of landownership and 
leases in blue carbon markets, and develop guide-
lines to help landowners navigate the requirements 
of such markets. 
SEC. 3. BLUE CARBON PARTNERSHIP GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish a competitive grant program entitled the ‘‘Blue 
Carbon Partnership Grant Program’’ to, beginning not 
later than 2 years after the date of enactment of this Act, 
provide funds to eligible entities for projects that protect 
and restore blue carbon stocks, oceanic blue carbon, and 
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blue carbon ecosystems and increase the long-term carbon 
storage and sequestration. 
(b) ELIGIBLE RECIPIENTS.—A person or entity is eli-
gible to receive a grant under the grant program if such 
person is— 
(1) a voluntary private landowner or group of 
landowners; 
(2) a State agency responsible for managing 
natural resources or wildlife; 
(3) an Indian Tribe; 
(4) a unit of local government; 
(5) a nonprofit organization or land trust; 
(6) an institution of higher education and re-
search; or 
(7) any group of entities described in para-
graphs (1) through (6). 
(c) REQUIREMENTS.—In administering the grant 
program under this section, the Secretary shall develop 
criteria for the selection of recipients, guidelines for use 
of grant funds and any contracts relating to the use of 
such funds, reporting requirements for recipients, and 
metrics for evaluating the effectiveness of the use of grant 
funds. 
(d) SELECTION CRITERIA.—In evaluating applica-
tions for the program from eligible entities, the Adminis-
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trator shall give priority to proposed eligible protection 
and restoration activities that— 
(1) would result in long-term protection and se-
questration of carbon stored in coastal and marine 
environments; and 
(2)(A) would protect key habitats for fish, wild-
life, and the maintenance of biodiversity; 
(B) would provide coastal protection from devel-
opment, storms, flooding, and land-based pollution; 
(C) would protect coastal resources of national, 
historical, and cultural significance; 
(D) would benefit communities of color, low-in-
come communities, Tribal or Indigenous commu-
nities, or rural communities; or 
(E) would capitalize on existing established 
public/private partnerships. 
(e) REPORT TO CONGRESS.— 
(1) REPORT
REQUIRED.—The Administrator 
shall submit annually to Congress a report con-
taining a State-by-State analysis of— 
(A) the total number of acres of land or 
water protected or restored through fee title ac-
quisition, easement, restoration or other activi-
ties under the program; 
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(B) the status of restoration projects 
under this program; and 
(C) the amount of blue carbon captured or 
protected over a 100-year time period as a re-
sult of this program. 
(2) PUBLICATION OF REPORT.—The Adminis-
trator shall make available to the public each report 
required by paragraph (1). 
(f) ACREAGE REQUIREMENTS.—To the maximum ex-
tent practicable, the Secretary of Commerce shall award 
grants under the grant program to conduct blue carbon 
ecosystem protection and restoration on 1,500,000 acres 
over 10 years. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator 
$300,000,000 for each of the fiscal years 2022 to 2026 
to carry out this section. 
SEC. 4. BLUE CARBON AREAS OF SIGNIFICANCE. 
(a) DESIGNATION.—The Administrator, consistent 
with this section, shall designate as a blue carbon area 
of significance any area that is— 
(1) in the coastal zone (as such term is defined 
in section 304 of the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1453)), in territorial waters of 
the United States, or in the exclusive economic zone; 
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(2) the location of water, a substrate, or an eco-
system that— 
(A) provides for long-term storage and se-
questration of significant amounts of ecosystem 
carbon; and 
(B)(i) limits erosion and facilitates future 
landward migration; 
(ii) provides a buffer against storm surge, 
especially for communities of color, low-income 
communities, and Tribal and Indigenous com-
munities; or 
(iii) provides a spawning, breeding, feed-
ing, or nesting habitat for wildlife; and 
(3) not exclusive of coastal or other resources 
that are significant in for mitigating or adapting to 
climate change. 
(b) GUIDELINES.—The Administrator shall, not later 
than 1 year after the date of enactment of this Act, estab-
lish by regulation guidelines based on the best available 
science to describe and identify blue carbon areas of sig-
nificance and measures to ensure the protection of blue 
carbon areas of significance. 
(c) REVIEW AND UPDATE.—The Administrator shall 
review and update guidelines established under subsection 
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(b) not less frequently than once every 5 years or when 
new information warrants such an update. 
(d) SCHEDULE.—The Administrator shall establish a 
schedule for the identification of blue carbon areas of sig-
nificance under subsection (b) and for reviews and updates 
under subsection (c), and shall make initial designations 
of a blue carbon area of significance in each coastal State 
not later than 1 year after the date of enactment of this 
Act. 
(e) RECOMMENDATIONS
AND INFORMATION.—The 
Administrator shall, with respect to each coastal carbon 
area of significance, provide recommendations and infor-
mation regarding the adverse impacts and threats to the 
carbon storage, ecosystem services, and habitat capacity 
of the area, and the actions that should be considered to 
avoid adverse impacts and ensure the conservation and en-
hancement of that area. 
(f) PROGRAMS ADMINISTERED BY THE SECRETARY 
OF COMMERCE.—The Administrator shall use programs 
administered by the Secretary of Commerce to carry out 
this section and ensure the conservation and enhancement 
of each blue carbon area of significance. 
(g) REQUIREMENTS FOR FEDERAL ACTIONS.—With 
respect to any proposed agency action that has the poten-
tial to cause an adverse impact on the carbon storage, car-
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bon sequestration, ecosystem services, or habitat capacity 
of any blue carbon area of significance, each Federal agen-
cy shall comply with the following requirements: 
(1) NOTIFICATION.—Such Federal agency shall 
notify the Administrator of such proposed agency ac-
tion. 
(2) DETERMINATION
OF
ADVERSE
IMPACT.— 
The Administrator, in consultation with the pro-
posing agency and subject to public comment, shall 
determine whether the proposed agency action will 
cause an adverse impact on the carbon storage, car-
bon sequestration, ecosystem, or habitat of a blue 
carbon area of significance. 
(3) ALTERNATIVE.—With respect to any pro-
posed action the Administrator determines will have 
an adverse impact under paragraph (2), the pro-
posing agency, in consultation with the Adminis-
trator, shall determine whether there is an alter-
native action that would prevent such adverse im-
pact and fulfill the purpose of the proposed action. 
The proposing agency shall not take an action that 
would cause an adverse impact if an alternative that 
would not cause such adverse impact is available and 
would fulfill the purpose of such action. 
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(4) CARBON STORAGE OFFSETS.—With respect 
to a proposed action for which the agency deter-
mines no alternative is available under paragraph 
(3), the proposing agency shall— 
(A) in consultation with the Administrator, 
take measures to mitigate such adverse impact; 
(B) take such action as the Administrator 
determines necessary to create a coastal or ma-
rine blue carbon ecosystem storage offset that, 
taken in conjunction with the proposed action, 
results in a long term net increase in carbon 
storage, lasting an equivalent time period as the 
carbon storage lost by the adverse impact; 
(C) demonstrate quantitatively, using the 
best available science, that the carbon storage 
offset will result in a net increase in ecological 
carbon storage and is located in close proximity 
to the original site to keep the affected commu-
nities whole; 
(D) maintain such carbon storage offset 
for a period of time to be determined by the 
Administrator but not less than 100 years; and 
(E) publish the agency’s proposed course 
of mitigation in the Federal Register for public 
notice and comment. 
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(h) REQUIREMENT FOR AUTHORIZATION OR APPRO-
PRIATION.—Any requests for a new authorization or ap-
propriation from a Federal agency transmitted to the Of-
fice of Management and Budget shall include, if such au-
thorization or appropriation may affect a coastal carbon 
area of significance, a certification that such agency will 
use such authorization or appropriation in compliance 
with this section. 
(i) REQUIRED RESTRICTIONS.—A Federal agency 
may not enter into a lease, easement, right-of-way, or sale 
of any land designated as a blue carbon area of signifi-
cance unless such agency attaches appropriate restrictions 
to the use of the property to protect the blue carbon area 
of significance. 
(j) EXCEPTION.—Preparation, revision, implementa-
tion, or enforcement of a fishery management plan under 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.) that applies to area 
that is subject to a prohibition on all bottom-tending fish-
ing gear shall not be treated as an action that is subject 
to subsection (g). 
(k) RULES OF CONSTRUCTION.—Nothing in this Act 
shall be construed to affect the application of the require-
ments of section 404 of the Clean Water Act (33 U.S.C. 
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1344), the National Environmental Policy Act, or any reg-
ulations issued under any such section or such Act. 
SEC. 5. FEDERAL COASTAL AND MARINE BLUE CARBON 
RESTORATION AND PROTECTIONS; FUNDING. 
(a) IN GENERAL.—The Secretary of the Interior shall 
conduct coastal and marine restoration and protection ac-
tivities on land and water managed by the Director of the 
United States Fish and Wildlife Service or the Director 
of the National Park Service; and the Administrator shall 
conduct coastal and marine restoration and protection ac-
tivities on land and water managed by the Administrator 
to achieve at least 1 of the following: 
(1) The sequestration of additional carbon diox-
ide through— 
(A) the active restoration of degraded blue 
carbon ecosystems; and 
(B) the protection of threatened blue car-
bon ecosystems. 
(2) The halting of ongoing carbon dioxide emis-
sions, and the resumption of the natural rate of car-
bon capture, through the restoration of drained 
coastal wetlands. 
(3) The halting of ongoing methane emissions, 
and the resumption of the natural rate of carbon 
storage, through the restoration of formerly tidal 
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wetland that has lost tidal connectivity and become 
fresh wetland (commonly known as ‘‘impounded wet-
land’’). 
(b) FUNDING.—For each fiscal year 2022 through 
2026, there is authorized to be appropriated— 
(1) for blue carbon ecosystem protection and 
restoration on land managed by the Director of the 
United 
States 
Fish 
and 
Wildlife 
Service 
$200,000,000; 
(2) for blue carbon ecosystem protection and 
restoration on land managed by the Director of the 
National Park Service $200,000,000; and 
(3) for blue carbon ecosystem protection and 
restoration on land and water managed by the Ad-
ministrator $200,000,000. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Admin-
istrator $16,000,000 for each of the fiscal years 2022 to 
2026 to carry out this Act. 
SEC. 7. DEFINITIONS. 
In this Act— 
(1) the term ‘‘Administrator’’ means the Sec-
retary of Commerce acting through the Adminis-
trator of the National Oceanic and Atmospheric Ad-
ministration; 
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(2) the term ‘‘blue carbon area of significance’’ 
means any area designated by the Administrator 
under section 4 as a blue carbon area of signifi-
cance; 
(3) the term ‘‘blue carbon ecosystem’’ means 
vegetated coastal habitats including mangroves, tidal 
marshes, seagrasses, kelp forests, and other tidal or 
salt-water wetlands that have the capacity to seques-
ter carbon from the atmosphere for a period of not 
less than 100 years; 
(4) the term ‘‘blue carbon stocks’’ means coast-
al and marine vegetation and underlying sediment 
that has the capacity to sequester and store atmos-
pheric carbon; 
(5) the term ‘‘carbon sequestration’’ means the 
process of capturing and storing atmospheric carbon 
dioxide; 
(6) the term ‘‘carbon storage’’ means seques-
tered carbon that remains out of the atmosphere, 
stored either in biogenic material or sediments; and 
(7) the term ‘‘marine blue carbon’’ means the 
sequestration of carbon in pelagic and deep sea eco-
systems, including in sediments and through the eco-
system impacts of marine wildlife. 
Æ 
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