Title: Blue Carbon Protection Act
Policy area: Environmental Protection

Summary:
Blue Carbon Protection Act
This bill establishes programs, grants, and requirements to protect and restore marine and blue carbon ecosystems, which are vegetated coastal habitats and include mangroves, tidal marshes, and other tidal or salt-water wetlands that have the capacity to sequester and store carbon.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3906 Introduced in House (IH)]

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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) introduced 
  the following bill; which was referred to the Committee on Natural 
  Resources, and in addition to the Committee on Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blue Carbon Protection Act''.

SEC. 2. BLUE CARBON PROGRAM.

    (a) Establishment.--The Administrator shall establish 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 domestic 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 subtitle on such terms as Administrator considers 
appropriate.
    (c) Activities.--The Administrator shall conduct the following 
activities:
            (1) Collaborate with Federal agencies, State agencies, 
        Tribes, and non-governmental organizations 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 instruments for protection 
        and restoration initiatives, including research, development of 
        protocols, and evaluation 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 compared to a historical 
        baseline, and permanence of those benefits.
            (6) Quantify current total and net ecosystem carbon storage 
        and sequestration in coastal and marine areas.
            (7) Project future total and net ecosystem carbon storage 
        and sequestration under different scenarios 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 ecosystems, 
        including flood risk reduction, habitat protection and 
        restoration for endangered and threatened 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 sequestration.
            (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 guidelines to help landowners 
        navigate the requirements of such markets.

SEC. 3. BLUE CARBON PARTNERSHIP GRANT PROGRAM.

    (a) Establishment.--The Administrator shall establish 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 blue carbon 
ecosystems and increase the long-term carbon storage and sequestration.
    (b) Eligible Recipients.--A person or entity is eligible 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 research; or
            (7) any group of entities described in paragraphs (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 applications for the program 
from eligible entities, the Administrator shall give priority to 
proposed eligible protection and restoration activities that--
            (1) would result in long-term protection and sequestration 
        of carbon stored in coastal and marine environments; and
            (2)(A) would protect key habitats for fish, wildlife, and 
        the maintenance of biodiversity;
            (B) would provide coastal protection from development, 
        storms, flooding, and land-based pollution;
            (C) would protect coastal resources of national, 
        historical, and cultural significance;
            (D) would benefit communities of color, low-income 
        communities, Tribal or Indigenous communities, 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 containing a State-by-State 
        analysis of--
                    (A) the total number of acres of land or water 
                protected or restored through fee title acquisition, 
                easement, restoration or other activities under the 
                program;
                    (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 result of this 
                program.
            (2) Publication of report.--The Administrator shall make 
        available to the public each report required by paragraph (1).
    (f) Acreage Requirements.--To the maximum extent 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;
            (2) the location of water, a substrate, or an ecosystem 
        that--
                    (A) provides for long-term storage and 
                sequestration 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 communities; or
                    (iii) provides a spawning, breeding, feeding, 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, establish by regulation 
guidelines based on the best available science to describe and identify 
blue carbon areas of significance 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 (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 significance 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 information 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 enhancement 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 potential to cause an adverse impact on the 
carbon storage, carbon sequestration, ecosystem services, or habitat 
capacity of any blue carbon area of significance, each Federal agency 
shall comply with the following requirements:
            (1) Notification.--Such Federal agency shall notify the 
        Administrator of such proposed agency action.
            (2) Determination of adverse impact.--The Administrator, in 
        consultation with the proposing agency and subject to public 
        comment, shall determine whether the proposed agency action 
        will cause an adverse impact on the carbon storage, carbon 
        sequestration, ecosystem, or habitat of a blue carbon area of 
        significance.
            (3) Alternative.--With respect to any proposed action the 
        Administrator determines will have an adverse impact under 
        paragraph (2), the proposing agency, in consultation with the 
        Administrator, shall determine whether there is an alternative 
        action that would prevent such adverse impact 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.
            (4) Carbon storage offsets.--With respect to a proposed 
        action for which the agency determines 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 marine 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 communities 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.
    (h) Requirement for Authorization or Appropriation.--Any requests 
for a new authorization or appropriation from a Federal agency 
transmitted to the Office of Management and Budget shall include, if 
such authorization 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 significance unless such agency attaches appropriate 
restrictions to the use of the property to protect the blue carbon area 
of significance.
    (j) Exception.--Preparation, revision, implementation, or 
enforcement of a fishery management plan under the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) that 
applies to area that is subject to a prohibition on all bottom-tending 
fishing 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 requirements of section 404 of the 
Clean Water Act (33 U.S.C. 1344), the National Environmental Policy 
Act, or any regulations 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 activities 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 activities on land and water managed by the Administrator to 
achieve at least 1 of the following:
            (1) The sequestration of additional carbon dioxide 
        through--
                    (A) the active restoration of degraded blue carbon 
                ecosystems; and
                    (B) the protection of threatened blue carbon 
                ecosystems.
            (2) The halting of ongoing carbon dioxide emissions, and 
        the resumption of the natural rate of carbon 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 wetland that has lost tidal 
        connectivity and become fresh wetland (commonly known as 
        ``impounded wetland'').
    (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 Administrator $200,000,000.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator 
$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 Secretary of 
        Commerce acting through the Administrator of the National 
        Oceanic and Atmospheric Administration;
            (2) the term ``blue carbon area of significance'' means any 
        area designated by the Administrator under section 4 as a blue 
        carbon area of significance;
            (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 sequester carbon from the 
        atmosphere for a period of not less than 100 years;
            (4) the term ``blue carbon stocks'' means coastal and 
        marine vegetation and underlying sediment that has the capacity 
        to sequester and store atmospheric carbon;
            (5) the term ``carbon sequestration'' means the process of 
        capturing and storing atmospheric carbon dioxide;
            (6) the term ``carbon storage'' means sequestered 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 ecosystems, including in 
        sediments and through the ecosystem impacts of marine wildlife.
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