Coastal Habitat Conservation Act of 2021
Bill: S.2194 | Sponsor: Sen. Cardin, Benjamin L. (D-MD)
Policy area: Environmental Protection

Summary:
Coastal Habitat Conservation Act of 2021
This bill provides statutory authority for the Coastal Program of the U.S. Fish and Wildlife Service. Among other things, the program

To authorize the Secretary of the Interior, through the Coastal 
 Program of the United States Fish and Wildlife Service, to work with 
  willing partners and provide support to efforts to assess, protect, 
  restore, and enhance important coastal areas that provide fish and 
 wildlife habitat on which Federal trust species depend, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coastal Habitat Conservation Act of 
2021''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) an effective means of conserving and recovering Federal 
        trust species and promoting self-sustaining populations of 
        those species is to protect, conserve, restore, and enhance the 
        habitats of the species;
            (2) coastal ecosystems are highly dynamic areas that 
        provide valuable breeding, nursery, staging, and resting areas 
        for a rich diversity of fish, shellfish, migratory birds, and 
        mammals;
            (3) coastal areas support--
                    (A) 40 percent of the refuges within the National 
                Wildlife Refuge System;
                    (B) 40 percent of the threatened species or 
                endangered species, including 75 percent of the listed 
                mammals and birds, under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.); and
                    (C) 50 percent of the fisheries conservation 
                activities of the Service;
            (4) although coastal counties make up only 10 percent of 
        total contiguous United States land area, coastal areas are 
        home to more than 40 percent of the human population of the 
        United States, which is placing enormous pressure on coastal 
        ecosystems;
            (5) because coastal deterioration can cause fragmentation 
        and landward migration of coastal ecosystems, as well as create 
        new habitats along shorelines, it has become necessary to 
        incorporate adaptation assistance into coastal ecosystem 
        management strategies;
            (6) in addition to serving as fish and wildlife habitat, 
        coastal ecosystems--
                    (A) serve as an important source of food;
                    (B) protect coastal communities, including 
                infrastructure in those communities, against floods;
                    (C) filter polluted runoff; and
                    (D) provide valuable commercial and recreational 
                benefits to coastal communities and the United States;
            (7)(A) fish and wildlife conservation is a responsibility 
        shared by citizens and government; and
            (B) public-private partnerships should be supported through 
        technical assistance and financial assistance to conduct 
        coastal habitat assessment, protection, planning, restoration, 
        and enhancement projects in coastal ecosystems;
            (8) successful fish and wildlife conservation increasingly 
        relies on interdependent partnerships in which priority 
        setting, planning, and conservation delivery are collaborative 
        endeavors;
            (9) since 1985, the Service has administered the Coastal 
        Program through which the Service works with willing partners 
        to assess, protect, plan, restore, and enhance coastal 
        ecosystems, including coastal wetlands and watersheds, uplands, 
        and riparian and in-stream habitats, that provide significant 
        benefits to Federal trust species;
            (10) through the Coastal Program, the Service provides 
        strategic conservation planning and design at the regional and 
        landscape scales, and integrates the resources of the Service 
        to address priorities identified by partners; and
            (11) the Coastal Program of the Service complements and 
        enhances the National Coastal Wetlands Conservation Grant 
        Program under section 305 of the Coastal Wetlands Planning, 
        Protection and Restoration Act (16 U.S.C. 3954), which provides 
        matching grants to coastal States to support long-term 
        conservation of coastal wetlands and associated habitats.
    (b) Purpose.--The purpose of this Act is to legislatively authorize 
the Coastal Program of the Service in effect as of the date of 
enactment of this Act to conduct collaborative landscape-level planning 
and on-the-ground coastal habitat protection, restoration, and 
enhancement projects in priority coastal areas to conserve and recover 
Federal trust species.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Coastal area.--The term ``coastal area'' means a marine 
        or freshwater area within or adjacent to a coastal State, 
        including--
                    (A) a coastal wetland or watershed;
                    (B) coastal water;
                    (C) a coastal bay;
                    (D) a coastline; and
                    (E) an estuary and associated upland.
            (2) Coastal ecosystem.--The term ``coastal ecosystem'' 
        means an ecological community that provides fish and wildlife 
        habitat in coastal areas.
            (3) Coastal habitat assessment.--The term ``coastal habitat 
        assessment'' means the process of evaluating the physical, 
        chemical, and biological function of a coastal site to 
        determine the value of the site to fish and wildlife.
            (4) Coastal habitat enhancement.--The term ``coastal 
        habitat enhancement'' means the manipulation of the physical, 
        chemical, or biological characteristics of a coastal ecosystem 
        to increase or decrease specific biological functions that make 
        the ecosystem valuable to fish and wildlife.
            (5) Coastal habitat planning.--The term ``coastal habitat 
        planning'' means the process of developing a comprehensive plan 
        that--
                    (A) characterizes a coastal ecosystem;
                    (B) sets protection, restoration, or enhancement 
                goals, and identifies the priorities of those goals;
                    (C) describes conservation strategies and 
                methodologies;
                    (D) establishes a timetable for implementation of 
                the plan; and
                    (E) identifies roles of participants and 
                stakeholders.
            (6) Coastal habitat protection.--
                    (A) In general.--The term ``coastal habitat 
                protection'' means a long-term action to safeguard 
                habitats of importance to fish and wildlife species in 
                a coastal ecosystem.
                    (B) Inclusion.--The term ``coastal habitat 
                protection'' includes activities to support 
                establishment of conservation easements or fee-title 
                acquisition by Federal and non-Federal partners.
            (7) Coastal habitat restoration.--The term ``coastal 
        habitat restoration'' means the manipulation of the physical, 
        chemical, or biological characteristics of a coastal ecosystem 
        with the goal of returning, to the maximum extent practicable, 
        the full natural biological functions to lost or degraded 
        native habitat.
            (8) Coastal state.--The term ``coastal State'' means--
                    (A) a State in, or bordering on, the Atlantic, 
                Pacific, or Arctic Ocean, the Gulf of Mexico, the Long 
                Island Sound, or 1 or more of the Great Lakes;
                    (B) the Commonwealth of Puerto Rico;
                    (C) Guam;
                    (D) American Samoa;
                    (E) the Commonwealth of the Northern Mariana 
                Islands;
                    (F) the Federated States of Micronesia;
                    (G) the Republic of the Marshall Islands;
                    (H) the Republic of Palau; and
                    (I) the United States Virgin Islands.
            (9) Federal trust species.--The term ``Federal trust 
        species'' means--
                    (A) a species listed as a threatened species or an 
                endangered species under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.);
                    (B) a species of migratory bird;
                    (C) a species of interjurisdictional fish;
                    (D) any species of marine mammal, as identified by 
                the Secretary; and
                    (E) any other species of concern, as determined by 
                the Secretary.
            (10) Financial assistance.--The term ``financial 
        assistance'' means Federal funding support provided to eligible 
        recipients through a grant or cooperative agreement.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (12) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.
            (13) Technical assistance.--The term ``technical 
        assistance'' means a collaboration, facilitation, or consulting 
        action relating to a habitat protection, planning, restoration, 
        or enhancement project or initiative in which the Service 
        contributes scientific knowledge, skills, and expertise to a 
        project or program.

SEC. 4. COASTAL PROGRAM.

    The Secretary shall carry out the Coastal Program within the 
Service--
            (1) to identify the most important natural resource 
        problems and solutions in priority coastal ecosystems in 
        partnership with--
                    (A) Federal, State, local, and Tribal governments;
                    (B) nongovernmental institutions;
                    (C) nonprofit organizations;
                    (D) private individuals; and
                    (E) corporations;
            (2) to provide technical assistance and financial 
        assistance through partnerships with Federal, State, local, and 
        Tribal governments, nongovernmental institutions, nonprofit 
        organizations, private individuals, and corporations to conduct 
        voluntary coastal habitat assessment, protection, planning, 
        restoration, and enhancement projects on public land or private 
        land;
            (3) to ensure the health and resilience of coastal 
        ecosystems through adaptive management procedures based on the 
        best available science;
            (4) to build the capacity of Federal, State, local, and 
        Tribal governments, nongovernmental institutions, nonprofit 
        organizations, private individuals, and corporations to carry 
        out environmental conservation and stewardship measures;
            (5) to assist in the development and implementation of 
        monitoring protocols to ensure the success of coastal ecosystem 
        restoration and enhancement measures; and
            (6) to collaborate and share information with partners and 
        the public relating to best management practices for the 
        conservation, restoration, and enhancement of coastal 
        ecosystems.

SEC. 5. REPORTS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Secretary, acting through the 
Director of the Service, shall submit to the Committees on 
Appropriations and Environment and Public Works of the Senate and the 
Committees on Appropriations and Natural Resources of the House of 
Representatives, and make available to the public on the website of the 
Service, a report on the Coastal Program carried out under this Act.
    (b) Requirements.--Each report submitted under subsection (a) shall 
assess on regional and nationwide bases--
            (1) Coastal Program work on coastal ecosystems;
            (2) progress made by the Coastal Program toward identifying 
        the most important natural resource problems and solutions in 
        priority ecosystems; and
            (3) prospects for, and success of, protecting, restoring, 
        and enhancing coastal ecosystems.
    (c) Inclusions.--Each report submitted under subsection (a) shall 
include--
            (1) quantitative information on coastal areas protected, 
        restored, or enhanced;
            (2) funds appropriated to the Coastal Program that have 
        been expended or leveraged;
            (3) a description of adaptive management practices 
        implemented; and
            (4) recommendations, if any, for additional research, 
        management, or legislation needed to fully--
                    (A) address problems and implement solutions in 
                coastal ecosystems; and
                    (B) achieve the objectives of this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act--
            (1) $20,000,000 for fiscal year 2022;
            (2) $21,250,000 for fiscal year 2023;
            (3) $22,500,000 for fiscal year 2024;
            (4) $23,750,000 for fiscal year 2025; and
            (5) $25,000,000 for fiscal year 2026.
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