II 118th CONGRESS 1st Session S. 1808 IN THE SENATE OF THE UNITED STATES June 6, 2023 Ms. Murkowski (for herself, Mr. Whitehouse , Ms. Collins , Mr. Peters , Mr. Sullivan , Mr. King , Mr. Markey , Mr. Blumenthal , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Federal Ocean Acidification Research And Monitoring Act of 2009 to require the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to collaborate with State and local governments and Indian Tribes on vulnerability assessments related to ocean acidification, research planning, and similar activities, and for other purposes.

1. Short title This Act may be cited as the Coastal Communities Ocean Acidification Act of 2023 . 2. Definitions Section 12403 of the Federal Ocean Acidification Research And Monitoring Act of 2009 ( 33 U.S.C. 3702 ) is amended— (1) by striking paragraph (4); (2) by redesignating paragraphs (2), (3), and (5) as paragraphs (4), (5), and (6) respectively; (3) by inserting after paragraph (1) the following: (2) 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 ). (3) Native Hawaiian organization The term Native Hawaiian organization has the meaning given that term in section 3 of the NATIVE Act ( 25 U.S.C. 4352 ). ; (4) in paragraph (4), as redesignated by paragraph (2), by inserting an increase of before carbon dioxide ; and (5) by adding at the end the following: (7) Subcommittee The term Subcommittee means the National Science and Technology Council Subcommittee on Ocean Science and Technology. (8) United States The term United States means the States, collectively. . 3. Improvement of collaboration on ocean acidification (a) Ongoing input mechanism Section 12404(c)(2) of the Federal Ocean Acidification Research And Monitoring Act of 2009 ( 33 U.S.C. 3703(c)(2) ) is amended— (1) in subparagraph (B), by striking ; and and inserting a semicolon; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) maintain or establish an ongoing mechanism (such as a liaison or other contact of the National Oceanic and Atmospheric Administration, standing meetings, or an online platform) to engage affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, Indigenous groups, non-Federal resource managers, and scientific experts not employed by the Federal Government to provide input on research, data, and monitoring that is necessary to support on-the-ground management, decision making, and adaptation related to ocean acidification and coastal acidification and the impacts of ocean acidification and coastal acidification. . (b) Advisory Board membership Section 12404(c)(3) of the Federal Ocean Acidification Research And Monitoring Act of 2009 ( 33 U.S.C. 3703(c)(3) ) is amended— (1) by redesignating subparagraphs (G) through (Q) as subparagraphs (H) through (R), respectively; (2) by inserting after subparagraph (F) the following: (G) Two representatives from Indian Tribes, Native Hawaiian organizations, Tribal organizations, and Tribal consortia affected by ocean acidification and coastal acidification. ; and (3) in subparagraph (H), as redesignated by paragraph (1), by striking Six and inserting Four . (c) Appointment of Advisory Board members Section 12404(c)(4)(C) of the Federal Ocean Acidification Research And Monitoring Act of 2009 ( 33 U.S.C. 3703(c)(4)(C) ) is amended by striking State and local and inserting State, local, and Indigenous . (d) Engagement and coordination with Indian Tribes Paragraph (9) of section 12404(c) of the Federal Ocean Acidification Research And Monitoring Act of 2009 ( 33 U.S.C. 3703(c) ) is amended to read as follows: (9) Engagement and coordination with Indian Tribes (A) Policy required Not later than one year after the date on which the Advisory Board is established, the Advisory Board shall develop and commence maintaining a policy for engagement and coordination with Indian Tribes affected by ocean acidification and coastal acidification. (B) Consultation In developing the policy under subparagraph (A), the Advisory Board shall consult with Indian Tribes affected by ocean acidification and coastal acidification. . (e) Collaboration on vulnerability assessments, research planning, and similar activities Section 12404(e)(4)(A) of the Federal Ocean Acidification Research And Monitoring Act of 2009 ( 33 U.S.C. 3703(e)(4)(A) ) is amended— (1) by redesignating clauses (ix) and (x) as clauses (x) and (xi), respectively; and (2) by inserting after clause (viii) the following: (ix) identifies the efforts of the Secretary to collaborate with State and local governments, Indian Tribes, and Native Hawaiian organizations on community vulnerability assessments, research planning, and similar activities, pursuant to section 12406(e); . (f) Contents of strategic research plan Section 12405(b) of the Federal Ocean Acidification Research And Monitoring Act of 2009 ( 33 U.S.C. 3704(b) ) is amended— (1) in paragraph (10), by striking section 12404(c)(4) and inserting section 12404(e)(4) ; and (2) in paragraph (11), by striking potentially affected industry members, coastal stakeholders, fishery management councils and commissions, Tribal governments, non-Federal resource managers, and scientific experts and inserting affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, Indigenous groups, non-Federal resource managers, and scientific experts not employed by the Federal Government . (g) Improving collaboration on NOAA ocean acidification activities Section 12406 of the Federal Ocean Acidification Research And Monitoring Act of 2009 ( 33 U.S.C. 3705 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking maximize and inserting take into consideration ; (ii) in subparagraph (D), by adding a semicolon at the end; and (iii) in subparagraph (F), by striking Tribal governments and inserting Indian Tribes, Native Hawaiian organizations ; and (B) in paragraph (4), by striking industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, community acidification networks, Indigenous knowledge groups, and scientific experts and inserting affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, Indigenous groups, non-Federal resource managers, and scientific experts not employed by the Federal Government ; (2) in subsection (c)— (A) in paragraph (1), by striking State, local, and Tribal governments and inserting State and local governments, Indian Tribes, ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking ; or and inserting a semicolon; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph (A) the following: (B) on ocean acidification and coastal acidification research, data, and monitoring from affected industry members, coastal stakeholders, community acidification networks, fishery management councils and commissions, Indigenous groups, non-Federal resource managers, and scientific experts not employed by the Federal Government; or ; and (iv) in subparagraph (C), as redesignated by clause (ii), by striking State governments, local governments, Tribal governments and inserting State and local governments, Indian Tribes ; (3) in subsection (d)(1)(C), by striking Tribes or Tribal governments and inserting Indian Tribes, Native Hawaiian organizations, Tribal organizations, and Tribal consortia ; and (4) by adding at the end the following: (e) Better collaboration on vulnerability assessments, research planning, and similar activities (1) In general In carrying out the program under subsection (a), and in support of vulnerability assessments transmitted under section 12404(e)(4) and recommendations included in the strategic research plan described in section 12405(b)(10), the Secretary shall build upon existing activities and collaborate with State and local governments and Indian Tribes that are conducting or have completed vulnerability assessments, research planning, climate action plans, or other similar activities related to ocean acidification and coastal acidification and the impacts of ocean acidification and coastal acidification on coastal communities, for the purpose of— (A) supporting collaborative interagency relationships and information sharing at the State, local, and Tribal levels; and (B) assisting State and local governments and Indian Tribes in— (i) improving existing systems and programs to better address ocean acidification and coastal acidification; and (ii) identifying whether such activities can be used as a model for other communities. (2) Native Hawaiian organizations, Tribal organizations, and Tribal consortia In carrying out the program under subsection (a), and in support of vulnerability assessments transmitted under section 12404(e)(4) and recommendations included in the strategic research plan described in section 12405(b)(10), the Secretary may build upon existing activities and collaborate with Native Hawaiian organizations, Tribal organizations, and Tribal consortia that are conducting or have completed vulnerability assessments, research planning, climate action plans, or other similar activities related to ocean acidification and coastal acidification and the impacts of ocean acidification and coastal acidification on coastal communities. (3) Priority In carrying out paragraphs (1) and (2), the Secretary shall prioritize underserved populations and entities in the use of resources of the National Oceanic and Atmospheric Administration. . 4. Technical corrections The Federal Ocean Acidification Research And Monitoring Act of 2009 ( 33 U.S.C. 3701 et seq. ) is amended— (1) in section 12402 ( 33 U.S.C. 3701 )— (A) in paragraph (1), by striking development coordination and implementation and inserting development, coordination, and implementation ; and (B) in paragraph (4), by striking research adaptation strategies and mitigating the impacts and inserting research on adaptation strategies and mitigation of the impacts ; (2) in section 12404 ( 33 U.S.C. 3703 )— (A) in subsection (b)(5), by striking ; and and inserting a period; (B) in subsection (c)(2)(A)— (i) in clause (i), by striking subsection (d)(2) and inserting subsection (e)(2) ; and (ii) in clause (ii), by striking subsection (d)(3) and inserting subsection (e)(3) ; (C) in subsection (d)(3), by striking this section and inserting this subsection ; and (D) in subsection (e)— (i) in paragraph (2)(B), by striking interagency and inserting the ; and (ii) in paragraph (3), by striking years until 2031 thereafter and inserting years thereafter until 2031 ; and (3) in section 12406(d)(2) ( 33 U.S.C. 3705(d)(2) ), by striking The Secretary to, and inserting The Secretary, to .