(3) promote adoption of methods developed 
under the program in fishery management plans de-
veloped by the Regional Fishery Management Coun-
cils; 
(4) provide information and outreach to the pri-
vate sector and academic sector to encourage devel-
opment of tools and approaches to manage the ef-
fects of climate change on fisheries; and 
(5) provide information and outreach to fishery 
participants to increase understanding of and en-
courage adoption and use of tools and approaches 
developed under the program. 
(b) COORDINATION OF THE PROGRAM.— 
(1) The Administrator shall establish a process 
to ensure coordination with and outreach to— 
(A) regional offices and science centers of 
the National Marine Fisheries Service; 
(B) the Regional Fishery Management 
Councils; 
(C) the scientific and statistical committees 
of such Fishery Management Councils; and 
(D) other relevant programs, including the 
cooperative research and management program 
under Section 318 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
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U.S.C. 1867), the Integrated Ocean Observing 
System, and programs within the National Oce-
anic and Atmospheric Administration designed 
to address ocean acidification. 
(2) Such coordination should include identifica-
tion of multi-year research priorities to study and 
understand the current and anticipated impacts of 
climate change on fisheries, fisheries interactions, 
habitats, fishery participants, fisheries science and 
monitoring, or other relevant priority. Such prior-
ities should be routinely reviewed in a timeframe not 
to exceed 5 years and updated as necessary. 
(c) REPORT.—Every 2 years, beginning 2 years after 
the date of the enactment of this Act, the Administrator 
shall transmit a report to the Senate Committee on Com-
merce, Science, and Transportation and the House of Rep-
resentatives Committee on Natural Resources that— 
(1) describes funding provided to implement 
this section; 
(2) includes descriptions of and developments in 
tools and approaches achieved under this section; 
(3) describes how and in which fisheries these 
tools and approaches have been implemented; and 
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(4) describes improvements in fishery climate- 
readiness associated with implementing this section, 
as well as proposals to address remaining problems. 
SEC. 407. SHIFTING STOCKS TASK FORCE. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish, not later than 120 days after the date of enact-
ment of this Act, a task force to be known as the ‘‘Shifting 
Stocks Task Force’’ consisting of 10 members, including 
1 member recommended by each of 8 Regional Fishery 
Management Councils and the Highly Migratory Species 
Advisory Panel and the Administrator or their designee. 
(b) MEMBERSHIP.— 
(1) TERMS.—Except as provided by paragraph 
(2), terms of appointed members of the Task Force 
shall be staggered, shall be 2 years in duration, and 
no member shall serve more than 3 terms. 
(2) VACANCY.—Any member appointed to fill a 
vacancy occurring before the expiration of the term 
for which the member’s predecessor was appointed 
shall be appointed only for the remainder of that 
term. 
(3) CRITERIA
FOR
APPOINTMENT.—Members 
appointed to the Task Force shall be Federal em-
ployees, State employees, Tribal and Indigenous rep-
resentatives, academics, or independent experts, 
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shall have strong scientific or technical credentials 
and experience, and shall not include members of the 
Regional Fishery Management Councils. 
(4) TRAVEL
EXPENSES.—Each member shall 
receive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United 
States Code. 
(5) CHAIRPERSON.—The chairperson of the 
Task Force shall be elected by the members. 
(c) MEETINGS.—The Task Force shall meet not less 
than 4 times annually. 
(d) STAFF SUPPORT.—Upon request of the Task 
Force, the Administrator may detail on a reimbursable 
basis personnel to the Task Force to assist such Task 
Force. 
(e) DEVELOPMENT OF CRITERIA.—Not later than 1 
year after the date of enactment of this Act, the Task 
Force shall develop, in consultation with the Adminis-
trator and the Regional Fishery Management Councils, 
science-based decision-making criteria to make jurisdic-
tion, allocation, and fishery management decisions that 
minimize the risk of overfishing and maximize stock and 
ecosystem resilience to the effects of climate change, are 
consistent with the national standards, the other provi-
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sions of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.), regulations im-
plementing recommendations by international organiza-
tions in which the United States participates (including 
but not limited to closed areas, quotas, and size limits), 
and any other applicable law. 
(f) RECOMMENDATIONS.—The Task Force shall 
make recommendations to the Administrator and to the 
Regional Fishery Management Councils recommendations 
for the allocation and distribution of fishing privileges 
based on the criteria developed under subsection (e). 
(g) PETITIONS.—Any member of the public may sub-
mit a petition to request the review of potentially shifting 
stock. In order to be eligible for consideration, a petition 
must include sufficiently descriptive information regarding 
the stock or stocks in question, the jurisdiction or alloca-
tion concerns, and any other relevant information. 
(h) PETITION REVIEW AND RECOMMENDATION.— 
(1) DETERMINATION OF SUFFICIENT INFORMA-
TION.—Upon receipt of a petition under subsection 
(f), the Task Force shall, not later than 60 days 
after the date of such receipt, determine by majority 
vote whether the petition contains sufficient infor-
mation to show that a substantial shift in the dis-
tribution of a stock has occurred. 
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(2) REVIEW
PROCESS.—If the Task Force 
makes a determination under paragraph (1) that a 
petition contains sufficient information, the Task 
Force shall review such petition. Such review shall 
include— 
(A) a public hearing in the affected region; 
and 
(B) a public notice and comment period of 
not less than 90 days. 
(3) WRITTEN RECOMMENDATION.—Upon com-
pletion of a review under paragraph (2), the Task 
Force shall— 
(A) determine which Regional Fishery 
Management Council’s or Councils’ geographic 
area of authority the fishery is located in; and 
(B) submit to the Administrator, each af-
fected Regional Fishery Management Council, 
and the petitioner written recommendations for 
allocation and distribution of fishing privileges 
within the fishery. 
(4) 
RESPONSE.—Upon 
receipt 
of 
a 
rec-
ommendation from the Task Force under paragraph 
(3), the Administrator shall— 
(A) begin consultation with the affected 
Regional Fishery Management Council regard-
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ing necessary changes to fishery management 
plans; and 
(B) not later than 180 days after the date 
of receipt of the Task Force’s recommendation, 
ensure that a compliant fishery management 
plan that fully accounts for the best available 
science on shifting stocks and the recommenda-
tions of the Task Force is created, published, 
and implemented. 
(5) PUBLICATION.—The Task Force shall pub-
lish on the internet each petition received under this 
section, the determination as made under paragraph 
(1) and any written recommendations produced 
under paragraph (3). 
(i) TASK FORCE.—In this section, the term ‘‘Task 
Force’’ means the Shifting Stocks Task Force established 
pursuant to subsection (a). 
SEC. 408. ESSENTIAL FISH HABITAT CONSULTATION. 
Section 305(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1855(b)) 
is amended— 
(1) in paragraph (1)(A)— 
(A) by inserting ‘‘every five years’’ after 
‘‘updating’’; and 
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(B) by inserting ‘‘, changes to habitat, in 
part due to climate change,’’ after ‘‘evidence’’; 
(2) in paragraph (1)(D), by inserting ‘‘and such 
agencies shall take action’’ after ‘‘agencies’’; 
(3) by striking paragraphs (2) through (4) and 
inserting after paragraph (1) the following: 
‘‘(2) CONSULTATIONS
REGARDING
FEDERAL 
AGENCY ACTION WITH ADVERSE EFFECTS ON ES-
SENTIAL FISH HABITAT.— 
‘‘(A) REQUIREMENT
TO
AVOID
OR
MITI-
GATE ADVERSE EFFECTS.— 
‘‘(i) ESSENTIAL FISH HABITAT.—With 
respect to any Federal agency action that 
may have an adverse affect on essential 
fish habitat, each Federal agency shall, in 
consultation with the Secretary, ensure 
that any action authorized, funded, or un-
dertaken by such agency avoids the ad-
verse effect of such action on essential fish 
habitat or, to the extent that the adverse 
effect cannot be avoided, the agency shall 
minimize and mitigate the adverse effect. 
‘‘(ii) HABITAT AREA OF PARTICULAR 
CONCERN.—No Federal agency may au-
thorize, fund, or undertake an action if 
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such agency determines, in consultation 
with the Secretary, that such action would 
have an adverse effect on a habitat area of 
particular concern. 
‘‘(B) REGULATIONS.—The Secretary shall 
establish regulations for the consultation proc-
ess required by subparagraph (A), including to 
ensure that recommendations made by the Sec-
retary pursuant to such subparagraph would re-
sult in the avoidance, if possible, of adverse ef-
fects on essential fish habitat and, if avoidance 
is not possible, the minimization and mitigation 
of any such adverse effects. 
‘‘(3) INFORMATION
TO
COUNCIL.—The Sec-
retary shall inform each affected Council of any con-
sultation carried out under paragraph (2), including 
information on the proposed action and any poten-
tial adverse effects, and each affected Council— 
‘‘(A) may comment on and make rec-
ommendations to the Secretary and any Federal 
or State agency concerning the underlying ac-
tion if, in the view of the Council, such action 
may affect the habitat of a fishery resource 
under the authority of such Council; and 
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‘‘(B) shall comment on and make rec-
ommendations to the Secretary and any Federal 
or State agency concerning the underlying ac-
tion if, in the view of the Council, such action 
is likely to adversely affect the habitat of an 
anadromous fishery resource under the author-
ity of such Council. 
‘‘(4) INFORMATION FROM OTHER SOURCES.— 
‘‘(A) RECEIPT OF INFORMATION.—If the 
Secretary receives information from any source 
and determines that an action taken, funded, or 
authorized or proposed to be taken, funded, or 
authorized by a State or Federal agency may 
have an adverse effect on an essential fish habi-
tat identified under this Act, the Secretary shall 
recommend to such agency measures that avoid 
such adverse effects and minimize or mitigate 
such adverse effects that cannot be avoided. 
‘‘(B) REQUIRED
RESPONSE.—Not later 
than 30 days after receiving a recommendation 
under subparagraph (A), a Federal, State, or 
local agency shall provide a detailed response in 
writing to any Council comment under para-
graph (3) and the Secretary regarding the mat-
ter. The response shall include a description of 
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measures proposed by the agency for avoiding 
the adverse effects, or to the extent the adverse 
effects cannot be avoided, mitigating the ad-
verse effects of the action on such essential fish 
habitat. In the case of a response that is incon-
sistent with the recommendations of the Sec-
retary, the Federal agency shall explain how the 
alternative measures proposed will avoid the ad-
verse effects of such action on essential fish 
habitat or, to the extent that adverse effects 
cannot be avoided, mitigate the adverse effects. 
‘‘(C) PUBLICATION.—The Secretary shall 
make available to the public— 
‘‘(i) any recommendation made under 
subparagraph (A) on the date on which 
such recommendation is made; and 
‘‘(ii) any response made by an agency 
under subparagraph (B) on the date on 
which such response is received. 
‘‘(5) ESSENTIAL FISH HABITAT.—In this sub-
section, the term ‘habitat areas of particular con-
cern’ means specific types of areas that are part of 
or within essential fish habitat that— 
‘‘(A) provide an important ecological func-
tion, including for maintaining and restoring 
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the biomass, demographic, spatial, or genetic 
characteristics of fish populations; 
‘‘(B) are sensitive to human-induced envi-
ronmental degradation; 
‘‘(C) are or will be significantly stressed by 
human activities; 
‘‘(D) due to prevailing or anticipated fu-
ture environmental conditions, are or may be-
come important to the health of managed spe-
cies; or 
‘‘(E) are rare.’’. 
SEC. 409. OCEAN AQUACULTURE RESEARCH AND POLICY 
PROGRAM. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish an Ocean Aquaculture Research and Policy Pro-
gram to address opportunities, challenges, and innovation 
in restorative ocean aquaculture development, siting, and 
operations in the coastal waters and exclusive economic 
zone through— 
(1) investment in research and technical assist-
ance to ensure adverse impacts to the marine envi-
ronment can be fully understood, anticipated, ac-
counted for, and avoided and impacts to wild-cap-
ture fisheries and marine wildlife are minimized dur-
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ing the species selection, design, development, siting, 
and operation of aquaculture facilities; and 
(2) the development and application of best 
management practices to ensure the species selec-
tion, design, development, siting, and operation of 
restorative ocean aquaculture maximizes potential 
benefits while minimizing potential adverse impacts 
to the marine environment and wild-capture fish-
eries. 
(b) USE OF EXISTING PROGRAMS.—The Adminis-
trator shall use existing grant and research programs to 
support the design, development, siting, and operation of 
restorative ocean aquaculture using best management 
practices to maximize potential benefits and minimize po-
tential adverse impacts to the marine environment. 
(c) PRIORITIZATION IN OTHER PROGRAMS.—In car-
rying out other programs relating to aquaculture research 
and development, the Administrator shall prioritize restor-
ative ocean aquaculture, including in carrying out— 
(1) the Small Business Innovation Research 
Program of the National Oceanic and Atmospheric 
Administration; 
(2) National Sea Grant College Program; and 
(3) section 2 of the Act of August 11, 1939 (15 
U.S.C. 713c–3). 
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100 
(d) PRIORITIZATION WITHIN
THE PROGRAM.—In 
carrying out this section, the Administrator shall prioritize 
support for research and technology development that in-
cludes— 
(1) design analyses of restorative aquaculture 
systems to maximize ecosystem benefits while avoid-
ing adverse impacts to the marine environment and 
wild-capture fisheries and marine wildlife; 
(2) spatial analyses to understand and evaluate 
where siting of restorative aquaculture can minimize 
adverse impacts to migratory birds and waterbirds, 
marine birds and mammals, endangered species, and 
other aspects of the marine ecosystem; 
(3) monitoring both the individual and cumu-
lative environmental impacts of current and pro-
posed small scale aquaculture operations to inform 
potential impacts of large-scale operations and 
siting; 
(4) offshore monitoring, remediation, and miti-
gation technology development; and 
(5) understanding and preparing for impacts 
that climate change may have on design develop-
ment, siting, and operations of restorative aqua-
culture facilities and the marine environment. 
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101 
(e) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the National Academies shall 
submit to the Administrator and to Congress a report that 
reviews, compiles, and synthesizes existing technologies 
and assessments of restorative ocean aquaculture to fur-
ther inform ongoing research and technical assistance 
funded under subsection (c). 
(f) CONTENT.—The report required by subsection (e) 
shall include the following: 
(1) A quantitative assessment of the capacity 
for sequestering and storing significant amounts of 
carbon from the atmosphere and ocean to mitigate 
the impacts of climate change. 
(2) A comprehensive assessment of the blue 
carbon potential for an aquaculture project, includ-
ing its potential environmental impacts, including 
cumulative impacts, to native marine species and 
marine habitat and the potential adverse wildlife 
interactions likely to result from the use of restora-
tive aquaculture technologies in use or under devel-
opment worldwide. 
(3) A comprehensive assessment of the poten-
tial impacts, including cumulative impacts, to wild- 
capture fisheries and marine wildlife and the produc-
tivity thereof likely to result from the use of restora-
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102 
tive aquaculture technologies in use or under devel-
opment worldwide. 
(4) An assessment of any known ecosystems 
services that have been derived from restorative 
ocean aquaculture and design, including siting and 
size parameters that maximize those benefits. 
(5) A detailed discussion of the mitigation 
measures available currently to reduce any negative 
environmental or wild-capture fisheries and marine 
wildlife impacts identified and their degree of effi-
cacy, as well as the real-time facility monitoring op-
tions available. 
(6) Recommendations of regionally relevant 
siting, installation, and operations standards nec-
essary to ensure that restorative ocean aquaculture 
facilities are developed and operated in a manner 
which minimizes impacts to the marine environment 
and avoids and minimizes harmful interactions with 
marine wildlife and habitat or conflict with other ex-
isting ocean-user groups. 
(7) Economic analysis identifying the potential 
benefits and impacts to commercial and recreational 
fishing and ocean recreation industries resulting 
from restorative ocean aquaculture. 
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103 
(8) Recommendations for further research and 
assessments that should be supported. 
(9) A sustainability classification system to as-
sess the various types of restorative aquaculture on 
a range of life cycle ecological and social benefits 
and provides a composite score with which to rank 
such types of restorative aquaculture. 
TITLE V—COASTAL BARRIER 
RESOURCE ACT AMENDMENTS 
SEC. 501. UNDEVELOPED COASTAL BARRIER. 
Section 3(1) of the Coastal Barrier Resources Act 
(16 U.S.C. 3502(1)) is amended— 
(1) by striking ‘‘means’’ and inserting ‘‘in-
cludes’’; 
(2) in subparagraph (A), by inserting ‘‘bluff,’’ 
after ‘‘barrier spit,’’; and 
(3) in subparagraph (B), by inserting ‘‘includ-
ing areas that are and will be vulnerable to coastal 
hazards, such as flooding, storm surge, wind, ero-
sion, and sea level rise’’ after ‘‘nearshore waters’’. 
SEC. 502. COASTAL HAZARD PILOT PROJECT. 
(a) IN GENERAL.— 
(1) PROJECT.—The Secretary of the Interior 
shall carry out a coastal hazard pilot project to 
produce draft maps of areas which could be added 
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104 
to the John H. Chafee Coastal Barrier Resources 
System that are and will be vulnerable to coastal 
hazards, such as flooding, storm surge, wind, erosion 
and sea level rise, and areas not in such System to 
which barriers and associated habitats are likely to 
migrate as sea level rises. 
(2) NUMBER OF UNITS.—The coastal hazard 
pilot project shall consist of the creation of maps for 
no more than 10 percent of the System, one-third of 
which shall be otherwise protected areas as that 
term is defined in section 12 of the Coastal Barrier 
Improvement Act of 1990 (16 U.S.C. 3503 note; 
Public Law 101–591). 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on 
Natural Resources of the House of Representatives 
a report describing the results of the coastal hazard 
pilot project and the criteria and costs of completing 
coastal hazard maps for the entire System. 
(2) CONTENTS.—The report shall include a de-
scription of— 
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105 
(A) the final recommended maps created 
under the coastal hazard pilot project; 
(B) recommendations for the adoption of 
the digital maps created under this section by 
Congress; 
(C) a summary of the comments received 
from the Governors of the States, other govern-
ment officials, and the public regarding the 
maps; and 
(D) a description of the criteria and the 
amount of funding necessary for completing 
coastal hazard maps for the entire System. 
(c) CONSULTATION.—The Secretary shall prepare the 
report required under subsection (b)— 
(1) in consultation with the Governors of the 
States in which any System units and otherwise pro-
tected areas are located; and 
(2) after— 
(A) providing an opportunity for the sub-
mission of public comments; and 
(B) considering any public comments sub-
mitted under subparagraph (A). 
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106 
SEC. 503. REPORT ON EXPANDING COASTAL BARRIER RE-
SOURCES ACT TO THE PACIFIC COAST, IN-
CLUDING PACIFIC TERRITORIES AND FREELY 
ASSOCIATED STATES. 
(a) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall prepare and 
submit a report to Congress on ways to protect undevel-
oped coastal barriers along the Pacific Coast of the United 
States, including in the Pacific Territories and Freely As-
sociated States. Such study shall examine the potential for 
loss of human life and damage to fish, wildlife, and other 
natural resources, and the potential for the wasteful ex-
penditure of Federal revenues, along the Pacific Coast, 
giving particular attention to tsunami, flood, erosion, and 
storm damage, and sea level rise impacts. 
(b) CONTENTS.—The report required under sub-
section (a) shall evaluate ways in which the definition of 
the term ‘‘undeveloped coastal barrier’’ under section 3 
of the Coastal Barrier Resources Act (16 U.S.C. 3502) 
could be expanded to more accurately address the geology 
and functions of coastal barriers in areas along the Pacific 
Coast, including in the Pacific Territories and Freely As-
sociated States, including the ways in which coastal bluffs, 
rocky outcroppings, beaches, wetlands, estuaries, coral 
reefs, mangroves, and other landforms in such areas func-
tion as coastal barriers by absorbing storm impacts, pro-
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107 
tecting inland communities from sea level rise impacts, 
providing habitat, and being subject to erosion. 
(c) PREPARATION AND SUBMISSION OF MAPS.— 
(1) PREPARATION.—As soon as practicable 
after the date of enactment of this Act, the Sec-
retary shall prepare maps identifying the boundaries 
of those undeveloped coastal barriers of the United 
States along the Pacific Coast, including in the Pa-
cific Territories and Freely Associated States. 
(2) SUBMISSION TO CONGRESS.—Not later than 
2 years after the date of enactment of this Act, the 
Secretary shall submit to Congress maps identifying 
the boundaries of those undeveloped coastal barriers 
of the United States along the Pacific Coast, includ-
ing the Pacific Territories and Freely Associated 
States, that the Secretary considers to be appro-
priate for inclusion in the John H. Chafee Coastal 
Barrier Resources System. 
(d) PACIFIC TERRITORIES AND FREELY ASSOCIATED 
STATES DEFINED.—In this section the term ‘‘Pacific Ter-
ritories and Freely Associated States’’ means each of 
American Samoa, Guam, the Republic of the Marshall Is-
lands, the Federated States of Micronesia, and Palau. 
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108 
SEC. 504. REQUIRE DISCLOSURE TO PROSPECTIVE BUYERS 
THAT PROPERTY IS IN THE COASTAL BAR-
RIER RESOURCES SYSTEM. 
Section 5 of the Coastal Barrier Resources Act (16 
U.S.C. 3504) is amended by adding at the end the fol-
lowing: 
‘‘(c) DISCLOSURE OF LIMITATIONS.— 
‘‘(1) REQUIREMENT.—No person shall sell any 
interest in real property located in the System unless 
the person has disclosed to the buyer that the prop-
erty is in the System and subject to the limitations 
under this section. 
‘‘(2) NOTIFICATION TO THE SECRETARY.—Not 
later than 30 days after the date of sale of any in-
terest in real property located in the System, the 
seller shall notify the Secretary using the online sys-
tem required by paragraph (3) of such sale and shall 
certify to the Secretary that such seller complied 
with the requirements of paragraph (1). 
‘‘(3) ONLINE REPORTING SYSTEM.—Not later 
than 30 days after the date of enactment of this 
Act, the Secretary shall establish and maintain an 
online reporting system to facilitate notifications to 
the Secretary required by paragraph (2). 
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‘‘(4) CIVIL PENALTY.—Any person who violates 
this subsection shall be subject to a civil penalty of 
not more than $10,000.’’. 
SEC. 505. IMPROVE FEDERAL AGENCY COMPLIANCE WITH 
COASTAL BARRIER RESOURCES ACT. 
(a) IN GENERAL.—Section 7(b) of the Coastal Bar-
rier Resources Act (16 U.S.C. 3506(b)) is amended to 
read as follows: 
‘‘(b) REPORTS AND CERTIFICATION.— 
‘‘(1) The head of each Federal agency affected 
by this Act shall annually report to the Committees 
and the Secretary that such agency is in compliance 
with this Act. 
‘‘(2) CERTIFICATION.—The Secretary shall an-
nually certify whether each such agency is in compli-
ance with this Act. 
‘‘(3) FAILURE TO COMPLY.—If the Secretary 
certifies that an agency is not in compliance with 
this Act, the head of the agency shall report to Con-
gress not later than 90 days after the date of such 
certification regarding how the agency will achieve 
compliance.’’. 
(b) TECHNICAL CORRECTION.—Section 3 of the 
Coastal Barrier Resources Act (16 U.S.C. 3502) is 
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amended by striking ‘‘Committee on Resources’’ and in-
serting ‘‘Committee on Natural Resources’’. 
SEC. 506. EXCESS FEDERAL PROPERTY. 
Section 4(e) of the Coastal Barrier Resources Act (16 
U.S.C. 3503(e)) is amended— 
(1) in paragraph (1), by striking ‘‘an undevel-
oped’’ each place such term appears and inserting 
‘‘a’’; and 
(2) by adding at the end the following: 
‘‘(3) COASTAL BARRIER DEFINED.—In this sub-
section, the term ‘coastal barrier’ means— 
‘‘(A) a depositional geologic feature (such 
as a bay barrier, tombolo, barrier spit, or bar-
rier island) that— 
‘‘(i) is subject to wave, tidal, and wind 
energies; and 
‘‘(ii) protects landward aquatic habi-
tats from direct wave attack; and 
‘‘(B) all associated aquatic habitats includ-
ing the adjacent wetlands, marshes, estuaries, 
inlets, and nearshore waters.’’. 
SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 
Section 9 of the Coastal Barrier Resources Act (16 
U.S.C. 3508) is amended by striking ‘‘$2,000,000’’ and 
all that follows through the end of the sentence and insert-
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ing ‘‘$5,000,000 for each of fiscal years 2021 through 
2025.’’. 
TITLE VI—COASTAL ZONE MAN-
AGEMENT ACT AMENDMENTS 
SEC. 601. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL 
COASTAL ZONE OBJECTIVES. 
(a) GRANTS AUTHORIZED.—The Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1451 et seq.) is amended 
by adding at the end the following: 
‘‘GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL 
COASTAL ZONE OBJECTIVES 
‘‘SEC. 320. 
‘‘(a) GRANTS AUTHORIZED.—The Secretary may 
award competitive grants to Indian Tribes to further 
achievement of the objectives of such a Tribe for such 
Tribe’s Tribal coastal zone. 
‘‘(b) COST SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
cost of any activity carried out with a grant under 
this section shall be— 
‘‘(A) in the case of a grant of less than 
$200,000, 100 percent of such cost; and 
‘‘(B) in the case of a grant of $200,000 or 
more, 95 percent of such cost, except as pro-
vided in paragraph (2). 
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‘‘(2) WAIVER.—The Secretary may waive the 
application of paragraph (1)(B) with respect to a 
grant to an Indian Tribe, or otherwise reduce the 
portion of the share of the cost of an activity re-
quired to be paid by an Indian Tribe under such 
paragraph, if the Secretary determines that the 
Tribe does not have sufficient funds to pay such por-
tion. 
‘‘(c) COMPATIBILITY.—The Secretary may not award 
a grant under this section unless the Secretary determines 
that the activities to be carried out with the grant are 
compatible with this title and that the grantee has con-
sulted with the affected coastal state regarding the grant 
objectives and purposes. 
‘‘(d) AUTHORIZED OBJECTIVES AND PURPOSES.— 
Amounts awarded as a grant under this section shall be 
used for 1 or more of the objectives and purposes author-
ized under subsections (b) and (c), respectively, of section 
306A. 
‘‘(e) FUNDING.—Of amounts appropriated to carry 
out this Act, $5,000,000 is authorized to carry out this 
section for each of fiscal years 2021 through 2025. 
‘‘(f) DEFINITIONS.—In this section: 
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‘‘(1) INDIAN
LAND.—The term ‘Indian land’ 
has the meaning given such term in section 2601 of 
the Energy Policy Act of 1992 (25 U.S.C. 3501). 
‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ 
means an Indian Tribe, as that term is defined in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
‘‘(3) TRIBAL COASTAL ZONE.—The term ‘Tribal 
coastal zone’ means any Indian land of an Indian 
Tribe that is within the coastal zone. 
‘‘(4) TRIBAL COASTAL ZONE OBJECTIVE.—The 
term ‘Tribal coastal zone objective’ means, with re-
spect to an Indian Tribe, any of the following objec-
tives: 
‘‘(A) Protection, restoration, or preserva-
tion of areas in the Tribal coastal zone of such 
Tribe that hold— 
‘‘(i) important ecological, cultural, or 
sacred significance for such Tribe; or 
‘‘(ii) traditional, historic, and esthetic 
values essential to such Tribe. 
‘‘(B) Preparing and implementing a special 
area management plan and technical planning 
for important coastal areas. 
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‘‘(C) Any coastal or shoreline stabilization 
measure, including any mitigation measure, for 
the purpose of public safety, public access, or 
cultural or historical preservation.’’. 
(b) GUIDANCE.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Com-
merce shall issue guidance for the program established 
under the amendment made by subsection (a), including 
the criteria for awarding grants under such program based 
on consultation with Indian Tribes (as that term is defined 
in that amendment). 
(c) USE OF STATE GRANTS TO FULFILL TRIBAL OB-
JECTIVES.—Section 306A(c)(2) of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1455a(c)(2)) is amended 
by striking ‘‘and’’ after the semicolon at the end of sub-
paragraph (D), by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; and’’, and by adding at 
the end the following: 
‘‘(F) fulfilling any Tribal coastal zone ob-
jective (as that term is defined in section 
320).’’. 
(d) OTHER PROGRAMS NOT AFFECTED.—Nothing in 
this section and the amendments made by this section may 
be construed to affect the ability of an Indian Tribe to 
apply for, receive assistance under, or participate in any 
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program authorized by the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1451 et seq.) or other related Federal 
laws. 
SEC. 602. ELIGIBILITY OF DISTRICT OF COLUMBIA FOR 
FEDERAL FUNDING UNDER THE COASTAL 
ZONE MANAGEMENT ACT OF 1972. 
Section 304(4) of the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1453(4)) is amended by inserting ‘‘the 
District of Columbia,’’ after ‘‘the term also includes’’. 
SEC. 603. COASTAL AND ESTUARINE LAND CONSERVATION 
PROGRAM. 
Section 307A of the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1456–1) is amended— 
(1) by striking the heading and inserting 
‘‘COASTAL
AND
ESTUARINE
LAND
CONSERVATION 
PROGRAM’’; 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary may conduct a 
Coastal and Estuarine Land Conservation Program, in co-
operation with State, regional, and other units of govern-
ment, for the purposes of protecting important coastal and 
estuarine areas that— 
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‘‘(1) have significant conservation, recreation, 
coastal access, ecological, historical, or aesthetic 
value; 
‘‘(2) are threatened by conversion from their 
natural, undeveloped, or recreational state to other 
uses; or 
‘‘(3) could be managed or restored to effectively 
conserve, enhance, or restore ecological function or 
mitigate climate change.’’; 
(3) in subsection (c)— 
(A) by amending paragraph (7) to read as 
follows: 
‘‘(7) Priority shall be given to lands that— 
‘‘(A) can be effectively managed and pro-
tected and that have significant ecological 
value; 
‘‘(B)(i) are under an imminent threat of 
conversion to a use that will degrade or other-
wise diminish their natural, undeveloped, or rec-
reational state; 
‘‘(ii) serve to mitigate the adverse impacts 
caused by coastal population growth in the 
coastal environment; 
‘‘(iii) are within a national estuarine re-
search reserve designated under section 315, a 
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national wildlife refuge, or a national estuary 
program, or are proposed for designation as 
such a reserve or other such protected area; or 
‘‘(iv) are under threat due to climate 
change or may serve to mitigate the adverse ef-
fects of climate change, including through the 
storage of blue carbon, and to facilitate inland 
migration of coastal ecosystems in response to 
sea level rise; and 
‘‘(C) to the maximum extent practicable, 
benefit communities that may not have ade-
quate resources to prepare for or respond to 
coastal hazards or to access the coastline, in-
cluding low income communities, communities 
of color, Tribal and Indigenous communities, 
and rural communities.’’; and 
(B) in paragraph (10), by striking ‘‘tri-
ennially’’ and inserting ‘‘every 5 years’’; 
(4) in subsection (f)— 
(A) in paragraph (2)(B), by inserting ‘‘for 
any territory of the United States that is un-
able to provide the match,’’ after ‘‘commu-
nity,’’; and 
(B) in paragraph (4)— 
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(i) in subparagraph (A)(i), by striking 
‘‘meets the criteria set forth in section 
2(b)’’ and inserting ‘‘the goals set forth in 
subsection (b)’’; and 
(ii) in subparagraph (C), by striking 
‘‘(A)’’ and inserting ‘‘subparagraph (A)’’; 
(5) in subsection (h), by striking the second 
sentence; and 
(6) in subsection (l), by striking ‘‘fiscal years 
2009 through 2013’’ and inserting ‘‘2021 through 
2025’’. 
SEC. 604. COASTAL ZONE MANAGEMENT FUND. 
Section 308 of Coastal Zone Management Act of 
1972 (16 U.S.C. 1456a) is amended to read as follows: 
‘‘COASTAL ZONE MANAGEMENT FUND 
‘‘SEC. 308. 
‘‘(a) ESTABLISHMENT.—There is established a fund, 
to be known as the ‘Coastal Zone Management Fund’, 
which shall consist of fees deposited into the Fund under 
section 307(i)(3) and any other funds appropriated to the 
Fund. 
‘‘(b) GRANTS FOR POST-DISASTER RESPONSE TO SE-
VERE COASTAL FLOOD EVENTS.— 
‘‘(1) IN GENERAL.—In response to a major dis-
aster declared under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
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5121 et seq.) as a result of flood and related dam-
ages in the coastal zone of a State, the Secretary 
may issue a grant to such State for a purpose de-
scribed in paragraph (2). 
‘‘(2) ELIGIBLE USES.—A State may use funds 
provided under this subsection to— 
‘‘(A) improve resilience to future severe 
coastal flood hazards including activities and 
projects related to— 
‘‘(i) publicly owned infrastructure; 
‘‘(ii) residential and commercial struc-
tures; 
‘‘(iii) natural infrastructure; or 
‘‘(iv) waste disposal sites and indus-
trial facilities; 
‘‘(B) assess damages after a major disaster 
described in paragraph (1); 
‘‘(C) plan, design, or engineer a project 
to— 
‘‘(i) restore, expand, install, or relo-
cate natural infrastructure; 
‘‘(ii) remove damaged assets, restore 
sites to safe conditions, and select alter-
native sites; or 
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‘‘(iii) facilitate the landward migration 
of coastal ecosystems; or 
‘‘(D) implement a project described by 
subparagraph (C). 
‘‘(3) FEDERAL
SHARE.—The Secretary may 
issue a grant under this subsection for an amount 
not to exceed— 
‘‘(A) 90 percent of the cost of an activity 
described in subparagraph (A) or (B) of para-
graph (2); 
‘‘(B) except as provided in subparagraph 
(C), 60 percent of the cost of an activity de-
scribed in paragraph (2)(D); 
‘‘(C) 75 percent of the cost of an activity 
provided for in a plan approved under sub-
section (d); or 
‘‘(D) 100 percent of the cost of any activ-
ity described in subparagraph (A), (B), or (C) 
of paragraph (2) responding to the effects of a 
severe coastal flood in a disadvantaged commu-
nity that is identified in a plan approved under 
subsection (d). 
‘‘(c) GRANTS FOR SEVERE COASTAL FLOOD HAZARD 
PLANNING.— 
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‘‘(1) IN GENERAL.—The Secretary, at the re-
quest of a Governor of a coastal state, may use 
amounts in the Fund to issue a grant to a coastal 
state with an approved coastal zone management 
program for the timely response to a severe coastal 
flood hazard. 
‘‘(2) PROPOSAL.—To be considered for a grant 
under this section, a State shall submit a grant pro-
posal to the Secretary in a time, place, and manner 
determined by the Secretary. Such proposal shall— 
‘‘(A) describe the risks that severe coastal 
flood hazards pose in the State and goals for 
reducing loss of life and property and sus-
taining coastal ecosystems in response to these 
risks; 
‘‘(B) include consideration of related plans 
including the Coastal Zone Management Plan 
of the State, the Hazard Mitigation Plan of the 
State, and the severe coastal flood hazard pre-
paredness plans, if any, of neighboring States; 
‘‘(C) be developed in conjunction with local 
governments in the coastal zone of the State 
and provided for public review and comment on 
the plan, including holding a public hearing and 
engaging disadvantaged communities; and 
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‘‘(D) be substantially consistent with the 
guidance issued under subsection (e)(1)(C). 
‘‘(3) CRITERIA.—In determining the amount of 
a grant under this subsection, the Secretary shall 
consider the— 
‘‘(A) area and population of the coastal 
zone of the applicant State; 
‘‘(B) the risks that severe coastal flood 
hazards pose to the State; and 
‘‘(C) the reduction of severe coastal flood 
hazards expected as a result of the proposal. 
‘‘(4) LIMITATION ON AMOUNT OF FUNDS TO BE 
AWARDED.—Grants made pursuant to this sub-
section in any fiscal year shall not exceed 50 percent 
of the funds in the Fund as a result of appropria-
tions pursuant to subsection (j)(1). 
‘‘(5) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Federal share of the cost 
of an activity funded by a grant issued under 
this subsection shall not exceed— 
‘‘(i) 75 percent of the cost of the ac-
tivity; or 
‘‘(ii) 85 percent of the cost of the ac-
tivity in the case of a State that has en-
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acted a requirement for the disclosure of 
severe coastal flood hazards, including sea 
level rise, that meets criteria for such dis-
closure established by the Secretary, to 
buyers of real estate in the coastal zone. 
‘‘(B) EXCEPTION.—The Secretary may re-
duce or waive the matching requirement under 
paragraph (5) if a coastal state submits a writ-
ten request to the Secretary for a waiver with 
a justification as to why the State cannot meet 
the match requirement, and the Secretary de-
termines such justification sufficient to waive 
such requirement. 
‘‘(d) GRANTS FOR SEVERE COASTAL FLOOD HAZARD 
PLAN IMPLEMENTATION.— 
‘‘(1) The Secretary, at the Secretary’s discre-
tion or at the request of the Governor of a State, 
may use amounts in the Fund to issue grants to a 
coastal state with a severe coastal flood hazard pre-
paredness plan approved under to subsection (d) to 
implement the approved plan. 
‘‘(2) Activities eligible for funding under this 
subsection include: 
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‘‘(A) conducting a public awareness cam-
paign to inform the public and decision-makers 
about severe coastal flood hazards; 
‘‘(B) developing, enacting, and admin-
istering a state or local law prohibiting new and 
significantly expanded development in areas at 
risk of severe coastal flood hazards; 
‘‘(C) developing, enacting, and admin-
istering a state requirement for disclosure of se-
vere coastal flood hazards, including sea level 
rise, to buyers of real estate; 
‘‘(D) making grants to local governments, 
or regional consortiums of local governments, to 
implement the state plan, including develop-
ment of local or regional plans and site-specific 
plans or projects; and 
‘‘(E) planning, designing, and imple-
menting projects to— 
‘‘(i) protect existing public infrastruc-
ture and residential and commercial prop-
erties, including built structures, natural 
infrastructure, and living shorelines; 
‘‘(ii) relocate infrastructure or struc-
tures at risk of damage by severe coastal 
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flood hazards, restore such sites to safe 
conditions, and select alternative sites; 
‘‘(iii) remove structures damaged by 
severe coastal flood hazards and restore 
such site to safe conditions; 
‘‘(iv) protect waste disposal facilities 
in areas at risk of severe coastal flood haz-
ards or relocate such facilities to alter-
native sites; and 
‘‘(v) facilitate the landward migration 
of coastal ecosystems. 
‘‘(3) Grants made pursuant to this subsection 
shall be in response to an annual request for pro-
posals. In determining the amount of a grant, the 
Secretary shall consider— 
‘‘(A) the area and population of the coastal 
zone of the State; 
‘‘(B) the risks that severe coastal flood 
hazards pose in the State and the reduction of 
coastal flood hazards expected as a result of the 
proposal; 
‘‘(C) demonstration of innovative ap-
proaches to preparing for severe coastal flood 
hazards; and 
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‘‘(D) benefits to disadvantaged commu-
nities identified in a plan approved pursuant to 
subsection (d). 
‘‘(4) A grant under this subsection shall be lim-
ited to 75 percent of the cost of the proposal, except 
that the Secretary may reduce or waive the such 
matching requirement if a coastal state submits to 
the Secretary in writing a request for a waiver with 
a justification as to why the State cannot meet the 
match requirement, and the Secretary agrees with 
the justification and grants the waiver. 
‘‘(e) TECHNICAL SUPPORT TO STATES.— 
‘‘(1) The Secretary shall take such actions as 
the Secretary determines necessary to support 
States in carrying out this section, including at a 
minimum the following: 
‘‘(A) Periodic assessment of storm flood 
risk and relative sea level and lake level changes 
along the United States coastline, including es-
timates of changes in storm intensity and rel-
ative sea or lake levels by 2040, 2060, 2080, 
and 2100. 
‘‘(B) Operation of an online mapping tool 
to describe areas at risk of temporary flooding 
from future coastal storms and permanent in-
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undation as a result of sea or long term lake 
level changes. 
‘‘(C) Publication, not later than 1 year 
after the date of enactment of this section and 
periodically thereafter, of guidance for the de-
velopment of State plans developed pursuant to 
subsection (d). 
‘‘(D) Establishment, not later than 1 year 
after the date of enactment of this section, of 
minimum criteria for disclosure of severe coast-
al flood hazards, including sea level rise, to buy-
ers of real estate in the coastal zone. 
‘‘(E) Creation, not later than 1 year after 
the date of enactment of this section, and peri-
odic updating, of an online dashboard describ-
ing the key features of State or local govern-
ment requirements for disclosure of severe 
coastal flood hazards to buyers of real estate. 
‘‘(F) Establishment, not later than 1 year 
after the date of enactment of this section, after 
consultation with the Administrator of the En-
vironmental Protection Agency, of standards for 
restoration to safe conditions of sites from 
which infrastructure or other structures have 
been relocated. 
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‘‘(2) The guidance developed by the Secretary 
pursuant to subparagraph (C) of paragraph (1) of 
this subsection shall, at a minimum— 
‘‘(A) provide information States need to 
establish State-specific estimates of severe 
coastal flood hazards, including more severe 
storms and relative sea and lake levels, and 
planning targets for such hazards for the years 
2040, 2060, 2080, and 2100; 
‘‘(B) describe approaches the State should 
consider to prohibit new or expanded develop-
ment in areas at risk of severe coastal flood 
hazards; 
‘‘(C) outline considerations for State 
grants to support local governments in the 
coastal zone, or consortiums of such govern-
ments acting on a regional basis, in developing 
or implementing parts of a plan pursuant to 
subsection (d); 
‘‘(D) describe methods for evaluation of re-
sponse options including construction of struc-
tures to protect assets and relocation to alter-
native sites, including cost comparison in the 
context of available resources, and related con-
siderations; 
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‘‘(E) review options for establishing prior-
ities for removal of damaged or abandoned 
structures and restoration of sites to safe condi-
tions; 
‘‘(F) describe social justice policies and 
practices the State should consider adopting, in-
cluding criteria for identifying disadvantaged 
communities within the coastal zone of the 
State and the policies and practices the State 
should consider adopting to assure that inter-
ests of such communities are addressed in State 
plans developed pursuant to this section; 
‘‘(G) identify areas in coastal communities, 
or other locations in the State, that have mini-
mal severe coastal flood hazards, that are ap-
propriate for relocation of people and assets, 
and can sustain the identity and cultural herit-
age of relocated communities; 
‘‘(H) provide information and practices for 
identifying coastal areas that are important to 
the successful landward migration of eco-
systems in response to severe coastal flood haz-
ards and measures for protecting these migra-
tion pathways; 
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‘‘(I) identify tools to identify waste dis-
posal sites and related sites that pose a risk of 
water pollution as a result of severe coastal 
flood hazards and describe practices the State 
should consider to protect or relocate such fa-
cilities or sites; and 
‘‘(J) describe opportunities to improve 
public access to the shoreline as a result of im-
proved preparedness for severe coastal flood 
hazards. 
‘‘(f) ADMINISTRATION.—The Secretary may use 
amounts in the Fund for expenses incident to the adminis-
tration of this section, in an amount not to exceed 
$250,000 or 3 percent of the amount in the Fund, which-
ever is less, for each year. 
‘‘(g) REPORT TO CONGRESS.—The Secretary shall, 
not later than 3 years after the date of enactment of this 
section and every 3 years thereafter, submit to the Com-
mittee on Natural Resources of the United States House 
of Representatives and the Committee on Commerce of the 
United States Senate a report describing the development 
of plans and projects under this section, changes in severe 
coastal flood hazards, including changes to risks to dis-
advantaged communities, and making recommendations to 
better respond to these challenges. 
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‘‘(h) DEFINITIONS.—For the purposes of this section: 
‘‘(1) The term ‘severe coastal flood hazards’ 
means temporary flooding resulting from coastal 
storms and storm surge, tsunamis, and changing 
lake levels and permanent inundation from rising 
sea levels and land subsidence, including landward 
migration of shorelines impacting residential and 
commercial property, infrastructure, and ecosystems. 
‘‘(2) The term ‘natural infrastructure’ means 
coastal wetlands, beaches, dunes, marshes, mangrove 
forests, municipal green infrastructure, and living 
shorelines. 
‘‘(3) The term ‘publicly owned infrastructure’ 
means buildings, structures, and facilities and ap-
purtenances of drinking water, sewage treatment, 
natural gas, or electric power utilities owned by a 
municipal, county, or State government or a com-
bination of such governments. 
‘‘(4) The term ‘waste disposal site’ means a 
publicly or privately owned solid waste landfill or 
disposal site, hazardous waste landfill of disposal 
site, sites included on the National Priorities List 
developed under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, 
and sites for the disposal of coal combustion residu-
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als from coal-fired power plants, provided that such 
sites are identified in a plan developed and approved 
under subsection (d). 
‘‘(5) The term ‘disadvantaged communities’ 
means areas of the coastal state identified in a plan 
approved under subsection (d) which disproportion-
ately suffer from a combination of economic, health, 
and environmental burdens including poverty, high 
unemployment, air and water pollution, presence of 
hazardous wastes as well as high incidence of asth-
ma and heart disease. 
‘‘(6) The term ‘living shoreline’ means a pro-
tected, stabilized coastal edge made of natural mate-
rials such as plants designed to provide wildlife habi-
tat, as well as natural resilience to shorelines. 
‘‘(7) The term ‘municipal green infrastructure’ 
has the meaning provided in 33 U.S. Code § 1362 
(27). 
‘‘(8) The term ‘safe conditions’ refers to stand-
ards for restoration of sites from which infrastruc-
ture or structures are relocated established by the 
Secretary pursuant to subsection (f)(1)(F) are pro-
tective of human health and the environment. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 
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‘‘(1) There is authorized to be appropriated into 
the Fund for use by the Secretary $100,000,000 for 
each of fiscal years 2021 through 2025, which shall 
remain available until expended without fiscal year 
limitation. 
‘‘(2) There is authorized to be appropriated into 
the Fund for use by the Secretary to respond to a 
major disaster declared under the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) such sums as may be nec-
essary. Funds appropriated pursuant to this para-
graph may only be used to make grants to the state 
or states in which the major disaster occurred and 
shall remain available until expended without fiscal 
year limitation.’’. 
SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 
Section 318(a) of the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1464) is amended to read as follows: 
‘‘(a) SUMS APPROPRIATED TO THE SECRETARY.— 
There are authorized to be appropriated to the Secretary, 
to remain available until expended— 
‘‘(1) for grants under sections 306, 306A, and 
309, $95,000,000 for each of fiscal years 2021 
through 2025; and 
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‘‘(2) for grants under section 315, $37,000,000 
for each of fiscal years 2021 through 2025.’’. 
SEC. 606. AMENDMENTS TO NATIONAL ESTUARINE RE-
SEARCH RESERVE SYSTEM PROGRAM. 
(a) DESIGNATION OF ADDITIONAL RESERVES.—Not 
later than 5 years after the date of the enactment of this 
Act, the Secretary of Commerce shall designate not less 
than 5 new national estuarine reserves under section 315 
of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1461) that ensure the National Estuarine Research Re-
serve System includes areas in— 
(1) all biogeographic regions of the United 
States; and 
(2) each coastal state (as that term is defined 
in that Act). 
(b) GUIDELINES FOR TRACKING AND MODELING THE 
IMPACTS OF CLIMATE CHANGE.—Section 315(c) of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 
1461(c)) is amended— 
(1) by redesignating paragraphs (3) through 
(5) as paragraphs (4) through (6); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) the establishment of coordinated long-term 
data monitoring and methods throughout the Sys-
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tem for tracking and modeling the impacts of cli-
mate change on estuarine systems, including impacts 
on lake levels and sea levels;’’. 
(c) PROMOTION AND COORDINATION OF ESTUARINE 
RESEARCH.—Section 315(d) of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1461(d)) is amended by 
striking ‘‘and’’ after the semicolon at the end of paragraph 
(1), by striking the period at the end of paragraph (2) 
and inserting a semicolon, and by adding at the end the 
following: 
‘‘(3) establishing and managing the Margaret 
A. Davidson Graduate Research Fellowship to pro-
vide, subject to the availability of appropriations, fi-
nancial assistance to graduate research that utilizes 
the national estuarine research reserves; 
‘‘(4) establishing a Central Data Management 
office and System Science Collaborative; and 
‘‘(5) carrying out monitoring, education, exten-
sion, and coastal training programs throughout the 
System.’’. 
(d) LAND ACQUISITION AND CONSTRUCTION.—Sec-
tion 315 of the Coastal Zone Management Act of 1972 
(16 U.S.C. 1461) is amended by adding at the end the 
following: 
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‘‘(h) LAND ACQUISITION AND CONSTRUCTION.—The 
Secretary may use funds authorized under section 318 for 
land acquisition and the construction and renovations of 
facilities required to meet delivery of System programs 
and services, or to meet changing needs of program under 
this title. Such construction must incorporate green design 
principles, materials, energy efficiency, and adaptive reuse 
strategies, and the development of innovative coastal tech-
nology and management strategies that enhance resilience 
of System facilities and lands.’’. 
TITLE VII—INSULAR AFFAIRS 
SEC. 701. DEFINITIONS. 
In this title: 
(1) FREELY ASSOCIATED STATES.—The term 
‘‘Freely Associated States’’ means the Republic of 
the Marshall Islands, the Federated States of Micro-
nesia, and the Republic of Palau. 
(2) TERRITORIES.—The term ‘‘Territories’’ 
means American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, Puerto Rico, and 
the Virgin Islands of the United States. 
SEC. 702. COASTAL MANAGEMENT TECHNICAL ASSISTANCE 
AND REPORT. 
(a) TECHNICAL ASSISTANCE.— 
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(1) IN GENERAL.—The Administrator shall pro-
vide technical assistance to the Territories and Free-
ly Associated States to enhance such entities’ coastal 
management and climate change programs. 
(2) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this subsection there is authorized to be 
appropriated to the Administrator $5,000,000 for 
each of fiscal years 2021 through 2025. 
(b) ANNUAL REPORT.—The Administrator shall sub-
mit an annual report to the Committee on Natural Re-
sources of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate on the status of— 
(1) wetland, mangrove, and estuary conditions 
in the Territories and Freely Associated States; and 
(2) climate change impacts, including ecological, 
economic and cultural impacts, in the Territories 
and Freely Associated States. 
SEC. 703. CLIMATE CHANGE INSULAR RESEARCH GRANT 
PROGRAM. 
(a) IN GENERAL.—The Secretary of Commerce, act-
ing through the Administrator, shall establish a Climate 
Change Insular Research Grant Program to provide 
grants to institutions of higher education in the Terri-
tories and Freely Associated States for monitoring, col-
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lecting, synthesizing, analyzing, and publishing local cli-
mate change data. 
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section there is authorized to be appropriated to 
the Secretary $5,000,000 for each of fiscal years 2021 and 
2022. 
SEC. 704. EXTREME WEATHER AND CLIMATE OUTREACH TO 
INSULAR AREAS. 
(a) TECHNICAL ASSISTANCE AND OUTREACH.— 
(1) IN GENERAL.—The Administrator shall pro-
vide technical assistance and outreach to insular 
areas of the United States through the San Juan, 
Tiyan, and Pago Pago Weather Forecast Offices of 
the National Weather Service. For the purposes of 
this section, the Administrator may also employ 
other agency entities as the Administrator deems 
necessary, in order to improve weather data collec-
tion, produce more accurate tropical weather fore-
casts, and provide science, data, information, and 
impact-based decision support services to reduce 
hurricane and typhoon impacts in the Territories 
and Freely Associated States. 
(2) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this subsection there is authorized to be 
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appropriated to the Secretary $5,000,000 for each of 
fiscal years 2021 through 2025. 
(b) GRANTS.— 
(1) IN GENERAL.—The Secretary of Commerce, 
acting through the Administrator, may provide 
grants to academic, nonprofit, and local entities to 
conduct climate change research in the Territories 
and Freely Associated States. 
(2) INCLUDED GRANT PURPOSE.—The purpose 
of a grant under this subsection may include re-
search on oceanic heat content to assess past and 
future hurricane and typhoon trends. 
(3) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this subsection there is authorized to be 
appropriated to the Secretary $5,000,000 for each of 
fiscal years 2021 through 2025. 
SEC. 705. CORAL REEFS. 
(a) PRIZE COMPETITIONS.—The Director of the Of-
fice of Science and Technology Policy shall work with the 
head of each Federal agency represented on the U.S. Coral 
Reef Task Force established under Executive Order 13089 
(63 Fed. Reg. 32701) to establish prize competitions that 
promote coral reef research and conservation in the Terri-
tories and Freely Associated States. 
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(b) WAIVER OF MATCHING REQUIREMENT.—Section 
204(b) of the Coral Reef Conservation Act of 2000 (16 
U.S.C. 6403(b)) is amended— 
(1) by striking the enumerator and heading for 
paragraph (2) and inserting the following: 
‘‘(2) WAIVERS.— 
‘‘(A) NEED AND BENEFIT.—’’; and 
(2) by adding at the end of paragraph (2) the 
following: 
‘‘(B) SUSTAINING CORAL REEF MANAGE-
MENT AND MONITORING.—The Secretary shall 
waive all the matching requirement under para-
graph (2) for grants to implement State and 
territorial coral reef conservation cooperative 
agreements to sustain coral reef management 
and monitoring in Florida, Hawaii, American 
Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, Puerto Rico, and the 
Virgin Islands of the United States.’’. 
SEC. 706. OCEAN AND COASTAL MAPPING INTEGRATION 
ACT. 
(a) EFFECTS
OF CLIMATE CHANGE
ON INSULAR 
AREAS.—Section 12204 of the Ocean and Coastal map-
ping Integration Act (33 U.S.C. 3503) is amended— 
(1) in paragraph (12) by striking ‘‘and’’; 
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(2) in paragraph (13) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(14) The study of insular areas and the effects 
of climate change, particularly in bioluminescent 
bodies of water.’’. 
(b) REAUTHORIZATION.—Section 12207 of the Ocean 
and Coastal Mapping Integration Act (33 U.S.C. 3506) 
is amended— 
(1) in subsection (a) by striking ‘‘this subtitle’’ 
and all that follows through the end of the sub-
section and inserting ‘‘this subtitle $45,000,000 for 
each of fiscal years 2021 through 2025.’’; and 
(2) in subsection (b), by striking ‘‘this subtitle’’ 
and all that follows through the end of the sub-
section and inserting ‘‘this subtitle $45,000,000 for 
each of fiscal years 2021 through 2025.’’. 
SEC. 707. OFFICE OF INSULAR AFFAIRS TECHNICAL ASSIST-
ANCE PROGRAM. 
(a) IN GENERAL.—The Secretary of the Interior 
shall, acting through the Office of Insular Affairs Tech-
nical Assistance Program, shall provide technical assist-
ance for climate change planning, mitigation, and adapta-
tion to Territories and Freely Associated States under the 
jurisdiction of such Program. 
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(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of the Inte-
rior $5,000,000 for each of fiscal years 2021 through 
2025. 
SEC. 708. DISASTER RELIEF FEDERAL COST-SHARE WAIV-
ER. 
Any funding made available to Territories and Freely 
Associated States for disaster relief, long-term recovery, 
restoration of infrastructure and housing, economic revi-
talization, and mitigation pursuant to the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) shall not be subject to a non-Federal 
share funding requirement. 
TITLE 
VIII—STRENGTHENING 
MARINE MAMMAL CONSERVA-
TION 
SEC. 801. CONSERVATION OF MARINE MAMMALS AD-
VERSELY AFFECTED BY CLIMATE CHANGE. 
(a) IN GENERAL.—The Marine Mammal Protection 
Act of 1974 (16 U.S.C. 1361 et seq.) is amended by in-
serting after section 120 the following: 
‘‘SEC. 121. CONSERVATION OF MARINE MAMMALS AD-
VERSELY AFFECTED BY CLIMATE CHANGE. 
‘‘(a) CLIMATE IMPACT MANAGEMENT PLANS.— 
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‘‘(1) Within 18 months after the date of enact-
ment of this section, the Secretary, in consultation 
with the Marine Mammal Commission, shall publish 
in the Federal Register, after notice and opportunity 
for public comment, a list of those marine mammal 
species and population stocks in waters under the 
jurisdiction of the United States for which climate 
change, alone or in combination or interaction with 
other factors, has more than a remote possibility of 
resulting in a decline in population abundance, of 
impeding population recovery, or of reducing car-
rying capacity. The list shall identify— 
‘‘(A) any species or population stock for 
which such impacts are likely to occur within 
20 years; 
‘‘(B) any species or population stock listed 
as a threatened species or endangered species 
under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) for which such impacts 
have more than a remote possibility of occur-
ring within 100 years; and 
‘‘(C) any other species or population stock 
for which such impacts have more than a re-
mote possibility of occurring within 100 years. 
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‘‘(2)(A) The Secretary, in consultation with the 
Marine Mammal Commission, shall review the list 
adopted pursuant to paragraph (1) at least once 
every 5 years, or more frequently if significant new 
information becomes available, and, after notice and 
opportunity for public comment, shall publish a re-
vised list in the Federal Register. 
‘‘(B) Within 12 months after receiving the peti-
tion of an interested person under section 553(e) of 
title 5, United States Code, to add a marine mam-
mal species or population stock to the list published 
under paragraph (1), the Secretary, in consultation 
with the Marine Mammal Commission and after no-
tice and opportunity for public comment, shall pub-
lish in the Federal Register its finding of whether 
the petitioned action is warranted. If the petitioned 
action is deemed warranted, the Secretary shall pub-
lish at the same time the revision adding such spe-
cies or population stock. 
‘‘(3) The list published under paragraph (1), 
and any revisions thereto made in accordance with 
paragraph (2), shall include a determination of 
whether a climate impact management plan will pro-
mote the conservation of species or stocks listed pur-
suant to paragraph (1)(C). 
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‘‘(4)(A)(i) The Secretary shall publish in the 
Federal Register a draft climate impact management 
plan, and proposed regulations implementing the 
plan, for each marine mammal species or population 
stock— 
‘‘(I) listed under paragraph (1)(A), within 
18 months after the listing; 
‘‘(II) listed under paragraph (1)(B), within 
30 months after the listing; and 
‘‘(III) listed under paragraph (1)(C) of 
this subsection, within 5 years after the listing 
if the Secretary determines that such a plan 
will promote the conservation of the species or 
stock. 
‘‘(ii) Each draft climate impact management 
plan shall be developed in consultation with the Ma-
rine Mammal Commission and, as appropriate, other 
Federal agencies, and shall be made available for 
public review and comment for a period not to ex-
ceed 90 days. 
‘‘(iii) No later than 120 days after the close of 
the comment period required under clause (ii), the 
Secretary shall issue a final climate impact manage-
ment plan and implementing regulations that are 
consistent with the other provisions of this section 
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and, to the full extent available under the Sec-
retary’s authorities under this Act and other stat-
utes, implement the conservation and management 
measures identified in the plan. 
‘‘(B) Each management plan under subpara-
graph (A) shall include a comprehensive strategy for 
mitigating the direct and indirect effects of climate 
change and increasing resiliency in the species or 
population stock, and shall identify conservation and 
management measures to— 
‘‘(i) mitigate to the extent possible the di-
rect adverse effects of climate change on such 
species and population stocks and their prey; 
‘‘(ii) monitor, reduce, and prevent inter-
actions with fisheries and other human activi-
ties that may occur as a result of changes in 
marine mammal distribution or other indirect 
effects of climate change; 
‘‘(iii) increase resiliency by materially re-
ducing other human impacts on such species 
and population stocks, including but not limited 
to the reduction of incidental taking of marine 
mammals and of the degradation of the habitat 
of such species and population stocks, and by 
managing prey species to improve the avail-
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ability of prey to such species and population 
stocks; and 
‘‘(iv) take any other action as may be nec-
essary to implement the strategy set forth in 
the plan. 
‘‘(C) Each management plan under subpara-
graph (A) shall include objective, measurable criteria 
for evaluating the effectiveness and sufficiency of 
such measures to meet the purposes of this Act. 
‘‘(D) All other Federal agencies shall, in con-
sultation with and with the assistance of the Sec-
retary, utilize their authorities in furtherance of the 
strategy and conservation and management meas-
ures set forth in climate impact management plans 
developed under this subsection and ensure that 
their actions do not conflict or interfere with the ob-
jectives of such management plans. The Secretary 
shall consult with the Marine Mammal Commission 
and, as may be warranted, other agencies in the im-
plementation of such plans. 
‘‘(E) When appropriate, the Secretary may, and 
is encouraged to, integrate climate impact manage-
ment plans into conservation plans adopted under 
section 115(b) or recovery plans adopted under sec-
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tion 4(f) of the Endangered Species Act of 1973 (16 
U.S.C. 1533(f)). 
‘‘(F) The Secretary shall review climate impact 
management plans and implementing regulations at 
least once every 5 years, and shall revise and amend 
them as necessary to meet the goals and require-
ments of this section. Any changes shall be subject 
to the procedures and requirements applicable to the 
adoption of the initial plans and regulations. 
‘‘(5) The Secretary shall report to Congress 4 
years after the date of enactment of this section, 
and every 2 years thereafter, on— 
‘‘(A) actions taken to implement this sec-
tion; 
‘‘(B) any backlog in meeting the schedule 
set forth in this subsection for adopting, review-
ing, and implementing climate impact manage-
ment plans, or additional resources necessary to 
address any such backlog; and 
‘‘(C) the effectiveness of implementation 
and sufficiency of the measures adopted in cli-
mate impact management plans, and any rec-
ommendations for improving the process or the 
applicable legislation. 
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shoreline project, the Administrator shall take into 
account— 
(A) the potential of the project to protect 
the community and maintain the viability of the 
environment, such as through protection of eco-
system functions, environmental benefits, or 
habitat types, in the area where the project is 
to be carried out; 
(B) the historic and future environmental 
conditions of the project site, particularly those 
environmental conditions affected by climate 
change; 
(C) the net ecological benefits of the 
project including the potential of the project to 
contribute to carbon sequestration; 
(D) the ability of the entity proposing the 
project to demonstrate the potential of the 
project to protect the coastal community where 
the project is to be carried out, including 
through— 
(i) mitigating the effects of erosion; 
(ii) attenuating the impact of coastal 
storms and storm surge; 
(iii) mitigating shoreline flooding; 
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(D) in paragraph (4), by striking ‘‘set 
forth’’ and inserting ‘‘ensure an appropriate 
balance of contribution in establishing’’; 
(E) in paragraph (5), by striking ‘‘reports’’ 
and inserting ‘‘the best available peer-reviewed 
scientific reports’’; 
(F) in paragraph (6)— 
(i) by inserting ‘‘and coastal acidifica-
tion’’ after ‘‘ocean acidification’’; and 
(ii) by striking ‘‘of the United States’’ 
and inserting ‘‘within the United States’’; 
(G) in paragraph (7), by striking ‘‘outline 
budget requirements’’ and inserting ‘‘estimate 
costs associated for full implementation of each 
element of the plan by fiscal year’’; 
(H) in paragraph (8)— 
(i) by inserting ‘‘and coastal acidifica-
tion’’ after ‘‘ocean acidification’’ each place 
it appears; 
(ii) by striking ‘‘its’’ and inserting 
‘‘their’’; and 
(iii) by striking ‘‘; and’’ at the end 
and inserting a semicolon; 
(I) in paragraph (9), by striking the period 
at the end and inserting ‘‘; and’’; and 
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254 
‘‘(1) INTERIM INTEGRATED ASSESSMENT.—Not 
later than 540 days after the date of enactment of 
the Ocean-Based Climate Solutions Act of 2020, the 
Task Force, in accordance with the authority under 
section 603, shall complete and submit to Congress 
and the President an interim integrated assessment. 
‘‘(2) FINAL
INTEGRATED
ASSESSMENT.—Not 
later than 3 years after the date of the enactment 
of the Ocean-Based Climate Solutions Act of 2020, 
the Task Force shall finalize, and submit to Con-
gress and the President, the interim integrated as-
sessment required under paragraph (1). 
‘‘(3) CONTENTS OF THE INTEGRATED ASSESS-
MENT.—The integrated assessment required under 
paragraphs (1) and (2) shall examine the causes, 
consequences, and potential approaches to reduction 
of harmful algal blooms and hypoxia in South Flor-
ida, and the status of, and gaps within, current 
harmful algal bloom and hypoxia research, moni-
toring, management, prevention, response, and con-
trol activities that directly affect the region by— 
‘‘(A) Federal agencies; 
‘‘(B) State agencies; 
‘‘(C) regional research consortia; 
‘‘(D) academia; 
VerDate Sep 11 2014 
19:26 Nov 17, 2020
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pamtmann on DSKBC07HB2PROD with BILLS