I 118th CONGRESS 2d Session H. R. 7106 IN THE HOUSE OF REPRESENTATIVES January 29, 2024 Mr. Beyer (for himself and Mrs. González-Colón ) 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 amend the National Oceans and Coastal Security Act to make improvements to that Act, and for other purposes.

1. Short title This Act may be cited as the National Oceans and Coastal Security Improvements Act of 2024 . 2. Improvements to National Oceans and Coastal Security Act (a) References Except as otherwise specifically provided, whenever in this section an amendment or repeal is expressed in terms of an amendment to or a repeal of a provision, the reference shall be considered to be made to a provision of the National Oceans and Coastal Security Act ( 16 U.S.C. 7501 et seq. ). (b) Definitions Section 902 ( 16 U.S.C. 7501 ) is amended to read as follows: 902. Definitions In this title: (1) Administrator Except as otherwise specifically provided, the term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration. (2) Blue carbon benefits The term blue carbon benefits means the carbon sequestered and stored by coastal and marine ecosystems, including salt marshes, mangroves, and seagrasses. (3) Coastal county The term coastal county has the meaning given the term by the National Oceanic and Atmospheric Administration in the document entitled NOAA’s List of Coastal Counties for the Bureau of the Census (or similar successor document). (4) Coastal Indian Tribe The term coastal Indian Tribe means an Indian Tribe with respect to which the following is located, in whole or in part, within a coastal State: (A) Land held by the Indian Tribe— (i) in fee; or (ii) subject to restriction against alienation under the laws of the United States. (B) Land held in trust by the United States for the benefit of the Indian Tribe. (C) A reservation, pueblo, or rancheria or the Indian Tribe. (5) Coastal State The term coastal State has the meaning given the term State in section 103 of the Estuary Restoration Act ( 33 U.S.C. 2902 ). (6) Foundation The term Foundation means the National Fish and Wildlife Foundation established by section 2(a) of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701(a) ). (7) Fund The term Fund means the National Oceans and Coastal Security Fund established under section 904(a). (8) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (9) Native Hawaiian organization The term Native Hawaiian organization has the meaning given the term in section 3 of the NATIVE Act ( 25 U.S.C. 4352 ). (10) Tidal shoreline The term tidal shoreline means a tidal shoreline or a Great Lake shoreline as such terms are used in section 923.110(c)(2)(i) of title 15, Code of Federal Regulations, or a similar successor regulation. . (c) Expenditures Section 904(d) ( 16 U.S.C. 7503(d) ) is amended to read as follows: (d) Expenditures Of the amounts deposited in, or appropriated or otherwise made available to, the Fund for each fiscal year— (1) not more than a total of 5 percent may be used by the Administrator and the Foundation for administrative expenses to carry out this title, which such amount shall be divided between the Administrator and the Foundation pursuant to a documented agreement between the Administrator and the Foundation; and (2) if the total of such amounts is— (A) $50,000,000 or less, any remaining amounts may only be used by the Foundation to award grants under section 906(c); or (B) $50,000,000 or more— (i) at least $50,000,000 shall be used by the Foundation to award grants under section 906(c); and (ii) of any remaining amounts— (I) 80 percent of such amounts may be used by the Administrator to award grants under section 906(b); and (II) 20 percent of such amounts may be used by the Foundation to award grants under section 906(c). . (d) Eligible uses Section 905 ( 16 U.S.C. 7504 ) is amended to read as follows: 905. Eligible uses (a) In general Amounts in the Fund may be used by the Administrator and the Foundation to award grants under subsection (b) or (c) of section 906, respectively, to support programs and activities intended to protect, conserve, restore, and better understand and use ocean and coastal resources and coastal infrastructure. (b) Programs and activities The programs and activities described in subsection (a) including the following: (1) Ocean, coastal, and Great Lakes restoration and protection, including efforts to address potential impacts of sea level change, sedimentation, erosion, changes in ocean chemistry, hurricanes and other extreme weather, flooding, tsunamis, and changes in ocean temperature on natural resources, communities, and coastal economies. (2) Restoration, protection, or maintenance of living ocean, coastal, and Great Lakes resources and their habitats, including habitats and ecosystems that provide blue carbon benefits. (3) Monitoring, spatial planning, data-sharing, and other efforts that contribute to the understanding of ecological, economic, and societal threats driven by changes to the oceans, coasts, and Great Lakes. (4) Projects to assist water-dependent commercial activities including commercial fishing, recreational fishing businesses, aquaculture, boat building, or other marine-based recreational businesses and tourism, minimize or avoid coastal hazards and adapt to changes to the oceans, coasts, and Great Lakes. (5) Planning, design, and implementation of climate-resilient natural and nature-based infrastructure projects, including projects to deploy natural or nature-based features to enhance the resiliency of public infrastructure. (6) Projects to protect, modify, reposition, or relocate critical coastal transportation, emergency response, drinking water, electrical, and other public infrastructure that are subject to or face increased future risks from coastal hazards. (7) Planning for and managing coastal development to enhance ecosystem and community resilience and to minimize or avoid the impacts from coastal hazards, including sea level change, hurricanes and other extreme weather, flooding, and coastal erosion. (8) Projects to address management, planning, or resiliency and readiness issues that are regional or interstate in scope, including regional ocean partnerships or similar entities. (9) Development and regular updates of comprehensive resilience, adaptation, and mitigation plans, including updating 5-year plans under subsection (b)(3)(C), which involve robust engagement with community stakeholders. (10) Community-led strategic relocation efforts. (11) Acquisition of property or an interest in property if— (A) the property is located within a coastal county; (B) such property or interest in property is acquired through purchase, exchange, or donation from a willing party; (C) the head of an agency designated as a lead agency by the coastal State, coastal Indian Tribe, or Native Hawaiian organization in which the property or interest in property is acquired approves of the acquisition; and (D) such property or interest in property is acquired in a manner that ensures such property or interest in property will be administered to support the purposes of this title. (c) Prohibition on use of funds for litigation and lobbying No funds made available under this title may be used to fund— (1) any activity related to litigation; or (2) any activity the purpose of which is to influence legislation pending before Congress. . (e) Grants (1) Administration Section 906(a)(1) ( 16 U.S.C. 7505(a)(1) ) is amended— (A) by amending subparagraph (B) to read as follows: (B) Selection procedures and criteria for the awarding of grants under this section that require consultation with the Administrator and the Secretary of the Interior. ; (B) in subparagraph (C)— (i) in clause (i), by inserting , coastal Indian Tribes, and Native Hawaiian organizations after coastal States ; and (ii) by amending clause (ii) to read as follows: (ii) under subsection (c), as appropriate, to entities including States, local governments, Indian Tribes, regional and interstate collaboratives, associations, nonprofit and for-profit private entities, public-private partnerships, academic institutions, Indigenous communities, and Native Hawaiian organizations. ; (C) in subparagraph (F), by striking year if grants have been awarded in that year and inserting 5 years ; and (D) by adding at the end the following: (I) Procedures and accounting methodology to quantify blue carbon benefits for the purposes of the annual report required under section 907. . (2) Coastal grants Section 906(b) ( 16 U.S.C. 7505(b) ) is amended to read as follows: (b) Coastal grants (1) In general The Administrator, in consultation with the Foundation, shall award grants to each eligible coastal State, coastal Indian Tribe, and Native Hawaiian organization from the amount made available under section 904(d) in accordance with the following: (A) 35 percent of such amount shall be allocated equally among coastal States. (B) 30 percent of such amount shall be allocated to coastal States on the basis of the ratio of the tidal shoreline miles of a coastal State to the tidal shoreline miles of all coastal States. (C) 20 percent of such amount shall be allocated to coastal States on the basis of the ratio of the population of the coastal counties of a coastal State to the total population of the coastal counties of all coastal States, based on the most recent data available from the United States Census Bureau. (D) 15 percent of such amount shall be allocated equally among coastal Indian Tribes and Native Hawaiian organizations. (2) Maximum allocation to coastal States (A) In general Notwithstanding subparagraphs (A) through (C) of paragraph (1), not more than 5 percent of the total amount awarded under this subsection may be allocated to any one coastal State. (B) Redistribution The Administrator shall develop guidelines regarding the redistribution of any amount greater than the maximum allocation described in subparagraph (A). (3) Application (A) In general To be eligible for a grant under this subsection, a coastal State, coastal Indian Tribe, or Native Hawaiian organization shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator determines appropriate. (B) Eligibility To be eligible for a grant under this subsection, a coastal State, coastal Indian Tribe, or Native Hawaiian organization shall have 1 of the following: (i) A Coastal Zone Management Program approved under section 306 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 ). (ii) A 5-year plan approved under paragraph (4). (C) Updates As a condition of being awarded a grant under this subsection, a coastal State, coastal Indian Tribe, or Native Hawaiian organization that is eligible for a grant under this subsection pursuant to subparagraph (B)(ii) shall submit to the Administrator not less frequently than once every 5 years an update to the 5-year plan submitted by such coastal State, coastal Indian Tribe, or Native Hawaiian organization for the 5-year period immediately following the most recent submission under this paragraph. (D) Continued eligibility If the Administrator, in consultation with the Foundation, approves the application of a coastal State, coastal Indian Tribe, or Native Hawaiian organization submitted under this paragraph, such coastal State, coastal Indian Tribe, or Native Hawaiian organization shall remain eligible for a grant under this subsection if such coastal State, coastal Indian Tribe, or Native Hawaiian organization complies with subparagraphs (B) and (C). (4) 5-year plan A coastal State, coastal Indian Tribe, or Native Hawaiian organization may submit to the Administrator for approval under this paragraph a 5-year plan, which shall include the following: (A) A description of stakeholder involvement and public engagement with the development of such 5-year plan. (B) A description of the process the coastal State, coastal Indian Tribe, or Native Hawaiian organization will use to allocate amounts awarded to the coastal State, coastal Indian Tribe, or Native Hawaiian organization under paragraph (1), which shall include an affirmation that such process is consistent with the application and review procedures established by the Administrator and Foundation under subsection (a)(1). (C) Criteria to determine which entities are eligible to participate in the process of the coastal State, coastal Indian Tribe, or Native Hawaiian organization described in subparagraph (B). (D) A process to certify that each project or program funded under this subsection with respect to the coastal State, coastal Indian Tribe, or Native Hawaiian organization and each contract awarded pursuant to each such project or program is consistent with the standard procurement rules and regulations governing a comparable project or program of the coastal State, coastal Indian Tribe, or Native Hawaiian organization, including all applicable competitive bidding and audit requirements. (E) Procedures to make publicly available on the internet a list of each project or program funded under this subsection with respect to the coastal State, coastal Indian Tribe, or Native Hawaiian organization, including, at a minimum, the recipient, amount, project description, and project status. (5) Deadline (A) In general Not later than 60 days after the date on which the Administrator receives an application for a grant under this subsection, the Administrator, in consultation with the Foundation, shall approve or deny such application. (B) Denial If the Administrator denies an application for a grant under this subsection, the Administrator, in consultation with the Foundation, shall provide to the relevant coastal State, coastal Indian Tribe, or Native Hawaiian organization feedback regarding such denial. (6) Nonparticipation In any fiscal year, if an eligible coastal State, coastal Indian Tribe, or Native Hawaiian organization declines a grant award under this subsection, the amount that would have been allocated to the coastal State, coastal Indian Tribe, or Native Hawaiian organization shall be reallocated to award grants under subsection (c). . (3) National grants for oceans, coasts, and Great Lakes Section 906(c) ( 16 U.S.C. 7505(c) ) is amended— (A) in paragraph (1), by striking The Administrator and the Foundation and inserting The Foundation, in consultation with the Administrator, ; and (B) in paragraph (2)— (i) in subparagraph (B)— (I) in clause (ii), by striking and at the end; (II) by redesignating clause (iii) as clause (v); and (III) by inserting after clause (ii) the following: (iii) nonprofit organizations; (iv) Indian Tribes, Indigenous communities, and Native Hawaiian organizations; and ; and (ii) by adding at the end the following: (C) Cap on funding The amount of a grant awarded under this subsection shall not count toward the cap on funding to coastal States, coastal Indian Tribes, or Native Hawaiian organizations through grants awarded under subsection (b). . (f) Annual report Section 907 ( 16 U.S.C. 7506 ) is amended— (1) in subsection (a), by striking Subject to subsection (c), beginning and inserting Beginning ; and (2) in subsection (b)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) an estimate of blue carbon benefits. . (g) Funding Section 908 ( 16 U.S.C. 7507 ) is amended by striking such sums as are necessary for fiscal years 2017, 2018, and 2019 for this title and inserting $200,000,000 to carry out this title for each of fiscal years 2025 through 2029 .