I 118th CONGRESS 2d Session H. R. 10491 IN THE HOUSE OF REPRESENTATIVES December 18, 2024 Mr. Huffman (for himself, Ms. Bonamici , Ms. Norton , Ms. Pingree , and Ms. Matsui ) 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 require the Administrator of the National Oceanic and Atmospheric Administration to establish a Blue Carbon Program to conserve and restore blue carbon ecosystems, and for other purposes.

1. Short title This Act may be cited as the Blue Carbon Protection Act . 2. Blue Carbon Program (a) Establishment The Administrator shall establish and maintain a Blue Carbon Program for the purposes of conserving and restoring fish and wildlife habitat and improving coastal resilience, including developing ways to incorporate ecosystem services from coastal and marine carbon storage into domestic and international policies, programs, and activities. (b) Activities In carrying out the Program, the Administrator shall carry out the following activities: (1) Collaborate with Federal agencies, State agencies, Indian Tribes, and non-governmental organizations with regard to research, restoration, and protection efforts relating to blue carbon ecosystems. (2) Develop a database of blue carbon stocks, inputs, and storage potential trends in the United States. (3) Explore the feasibility of using market-based financing mechanisms, such as a blue carbon credit market, as tools to support protection and restoration initiatives for blue carbon ecosystems, including research on types of such mechanism, development of protocols, and the efficacy of each such mechanism as a tool for protecting blue carbon 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 the blue carbon storage potential of ecosystems, including best practices for quantification, verification, storage trends, and storage permanence. (6) Quantify current total and net carbon sequestration and carbon storage in coastal and marine areas. (7) Project future total and net blue 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 and will be subject to habitat change as a result of climate change and development. (9) Quantify co-benefits of protecting and restoring blue carbon ecosystems, including— (A) flood risk reduction; (B) habitat for and benefit to— (i) endangered and threatened species; and (ii) commercial and recreational fisheries; (C) improved water quality; (D) cycling of nutrients other than carbon; and (E) any other economic or societal benefit the Administrator determines appropriate. (10) Assess regional and national environmental and socioeconomic impacts of blue carbon sequestration and storage. (11) Research innovative techniques for effective, long-term natural blue carbon sequestration and storage, including variability in effectiveness and risk of reversal. (12) Identify coastal and marine areas of particularly high potential for carbon sequestration and high rates of carbon storage. (13) Assess legal issues of landownership and leases in blue carbon markets and develop guidelines to help landowners navigate the requirements of blue carbon markets. (14) Assess the impacts of protection and restoration efforts in blue carbon ecosystems on methane emissions. 3. Blue Carbon Partnership Grant Program (a) Establishment The Administrator shall establish a competitive grant program, to be known as the Blue Carbon Partnership Grant Program , to award amounts to eligible entities to carry out projects that protect, restore, or research blue carbon stocks or blue carbon ecosystems and increase the long-term carbon sequestration and carbon storage of marine and coastal ecosystems. (b) Requirements In carrying out the grant program, the Administrator shall develop— (1) criteria for the selection of eligible entities to be awarded amounts under the grant program; (2) guidelines for the use by eligible entities of awarded amounts and any contracts relating to the use of such amounts; (3) reporting requirements for eligible entities that are awarded amounts under the grant program; and (4) metrics to evaluate the effectiveness of the use by eligible entities of any awarded amounts. (c) Applications To be eligible for a grant under this section, an eligible entity shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator determines appropriate. (d) Priority In awarding amounts under the grant program, the Administrator shall give priority to applications from eligible entities that propose projects that the Administrator determines will result in long-term protection and sequestration of carbon stored in coastal and marine environments, and would— (1) protect key habitats for fish, wildlife, and the maintenance of biodiversity; (2) provide coastal protection from development, storms, flooding, and land-based pollution; (3) protect coastal resources of national, historical, or cultural significance; (4) benefit communities of color, low-income communities, Tribal or Indigenous communities, or rural communities; or (5) capitalize on public-private partnerships established before the date of the enactment of this section. (e) Acreage goal To the maximum extent possible, the Administrator shall award amounts under the grant program to eligible entities to carry out projects to protect and restore blue carbon ecosystems on at least 1,500,000 acres over 10 years. (f) Report The Administrator shall annually submit to Congress, and make available to the public, a report regarding the grant program, including an analysis, by State, of the— (1) total number of acres of land and water protected or restored through fee title acquisition, easement, restoration, or other activities carried out under the grant program; (2) status of each project carried out using amounts awarded under the grant program; and (3) amount of blue carbon captured or protected over a 100-year time period as a result of the grant program. (g) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $300,000,000 for each of fiscal years 2025 to 2029. 4. Blue carbon areas of significance (a) In general The Administrator shall, based on the guidelines established under subsection (b), identify for designation as a blue carbon area of significance under subsection (c) each area that— (1) is within the— (A) coastal zone; (B) territorial waters of the United States; or (C) exclusive economic zone of the United States; (2) contains water, a substrate, or an ecosystem that provides for significant amounts of long-term carbon sequestration and carbon storage and— (A) limits erosion and facilitates future landward migration of coastal wetlands; (B) provides a buffer against storm surge, especially for communities of color, low-income communities, and Tribal and Indigenous communities; or (C) provides a spawning, breeding, feeding, or nesting habitat for fish or wildlife; and (3) is not exclusive of coastal or other resources that are significant in for mitigating or adapting to climate change. (b) Guidelines (1) In general Not later than 1 year after the date of the enactment of this section, the Administrator shall, by regulation and based on the best available science, establish guidelines to describe and identify— (A) blue carbon areas of significance; and (B) measures to ensure the protection of blue carbon areas of significance. (2) Review and update The Administrator shall review and update the guidelines established under paragraph (1) not less frequently than once every 5 years or when new information warrants such a review and update. (c) Designation (1) In general The Administrator shall designate as a blue carbon area of significance each area identified under subsection (a). (2) Initial designations Not later than 1 year after the date on which the guidelines required under subsection (b) are established, the Administrator shall make initial designations of any blue carbon area of significance in each coastal State. (d) Schedule The Administrator shall establish a schedule— (1) for the identification of blue carbon areas of significance under subsection (a); (2) to review and update the guidelines established under subsection (b); and (3) to make designations under subsection (c). (e) Recommendations and information The Administrator shall, with respect to each blue carbon area of significance, provide recommendations and information regarding— (1) adverse impacts and threats to the carbon storage, ecosystem services, and habitat capacity of the blue carbon area of significance; and (2) the actions that should be considered to avoid such adverse impacts and threats and ensure the conservation and enhancement of the blue carbon area of significance. (f) Requirements for Federal agencies (1) In general A Federal agency that proposes an action that has the potential to cause an adverse impact to the carbon storage, carbon sequestration, ecosystem services, or habitat capacity of a blue carbon area of significance shall notify the Administrator of such proposed action. (2) Determination of adverse impact Upon notification under paragraph (1), the Administrator, in consultation with the head of the notifying Federal agency, shall determine whether the proposed action that is the subject of the notification will cause an adverse impact described in that paragraph to a blue carbon area of significance. (3) Alternative action (A) In general If the Administrator determines, under paragraph (2), that a proposed action that is the subject of a notification under paragraph (1) will cause an adverse impact described in that paragraph to a blue carbon area of significance, the head of the notifying Federal agency, in consultation with the Administrator, shall determine whether there is an available alternative action that will prevent the adverse impact and fulfill the purpose of the proposed action. (B) Alternative action available If the head of the notifying Federal agency determines, under subparagraph (A) that there is an available alternative action described in that subparagraph, the notifying Federal agency may not take the proposed action. (C) Alternative action not available If the head of the notifying Federal agency determines, under subparagraph (A) that there is no available alternative action described in that subparagraph, the notifying Federal agency shall— (i) in consultation with the Administrator, take measures to mitigate the adverse impact; (ii) take such action as the Administrator determines necessary to create a marine blue carbon and blue carbon ecosystem storage offset that, taken in conjunction with the proposed action, will result in a long-term net increase in carbon storage, lasting an equivalent time period as the carbon storage lost by the adverse impact; (iii) demonstrate quantitatively, using the best available science, that the carbon storage offset created under clause (ii)— (I) will result in a net increase in biological carbon storage; and (II) is located in close proximity to the original site to keep the affected communities whole; and (iv) maintain such carbon storage offset for a period of time to be determined by the Administrator that is not less than 100 years. (g) Required restrictions A Federal agency may only enter into a lease, easement, right-of-way, or sale that involves an area designated as a blue carbon area of significance if the Federal agency attaches such restrictions to the use of the area as the Administrator determines appropriate to protect the blue carbon area of significance. (h) Requirement for authorization or appropriation Each request 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 blue carbon area of significance, a certification that the Federal agency will use such authorization or appropriation in compliance with this section. (i) 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 an area that is subject to a prohibition on all bottom-tending fishing gear shall not be treated as a proposed action that is subject to subsection (f). (j) Use of certain programs The Administrator shall use programs administered by the Administrator to carry out this section and ensure the conservation and enhancement of each blue carbon area of significance. 5. Federal coastal and marine restoration and protection activities (a) In general The Director of the United States Fish and Wildlife Service, the Director of the National Park Service, and the Administrator shall each conduct coastal and marine restoration and protection activities on land and water managed by each such agency sufficient to achieve at least 1 of the following: (1) The sequestration of additional atmospheric carbon dioxide through— (A) the restoration of degraded blue carbon ecosystems; and (B) the protection of threatened blue carbon ecosystems. (2) The halting of ongoing carbon dioxide emissions within the area in which the activities are carried out, and the resumption of the natural rate of carbon sequestration of the area, through the restoration of drained coastal wetlands. (3) The halting of ongoing methane emissions within the area in which the activities are carried out, and the resumption of the natural rate of carbon sequestration of the area, through the restoration of impounded wetlands. (b) Authorization of appropriations There is authorized to be appropriated to each of the Director of the United States Fish and Wildlife Service, the Director of the National Park Service, and the Administrator to carry out this section $200,000,000 for each of fiscal years 2025 through 2029. 6. Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out sections 1 through 5 of this Act $16,000,000 for each of fiscal years 2025 to 2029. 7. Definitions In this Act: (1) Administrator The term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary’s capacity as Administrator of the National Oceanic and Atmospheric Administration. (2) Biological carbon storage The term biological carbon storage means the storage of atmospheric carbon dioxide in vegetation, soils, woody products, and aquatic environments. (3) Blue carbon The term blue carbon means atmospheric carbon dioxide sequestered by the ocean or a blue carbon ecosystem. (4) Blue carbon area of significance The term blue carbon area of significance means an area designated by the Administrator under section 4 as a blue carbon area of significance. (5) Blue carbon ecosystem The term blue carbon ecosystem means a vegetated coastal habitat, including mangroves, tidal marshes, seagrasses, kelp forests, and other tidal- or salt-water wetlands, that has the capacity to sequester atmospheric carbon dioxide for a period of not less than 100 years. (6) Blue carbon stocks The term blue carbon stocks means coastal and marine vegetation and wildlife, and underlying sediment, that have the capacity to sequester and store atmospheric carbon dioxide. (7) Carbon sequestration The term carbon sequestration means the process of capturing and storing atmospheric carbon dioxide. (8) Carbon sink The term carbon sink means a natural or artificial system that absorbs more atmospheric carbon dioxide than it releases. (9) Carbon storage The term carbon storage means the storing of sequestered atmospheric carbon dioxide out of the atmosphere in biogenic material or sediment. (10) Coastal State The term coastal State has the meaning given the term coastal state in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 ). (11) Coastal zone The term coastal zone has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 ). (12) Ecosystem services The term ecosystem services means the direct and indirect benefits that ecosystems provide to humans. (13) Eligible entity The term eligible entity means— (A) a private landowner or group of landowners; (B) a State agency that manages natural resources or wildlife; (C) an Indian Tribe; (D) a unit of local government; (E) a nonprofit organization or land trust; (F) an institution of higher education and research; or (G) any group of entities described in subparagraphs (A) through (F). (14) Grant program The term grant program means the Blue Carbon Partnership Grant Program established under section 3(a). (15) Impounded wetland The term impounded wetland means an area that was a tidal wetland but, as a result of a loss of tidal connectivity, has become a freshwater wetland. (16) 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 ). (17) Marine blue carbon The term marine blue carbon means carbon dioxide sequestered in pelagic and deep sea ecosystems, including in sediments and through the ecosystem impacts of marine wildlife. (18) Program The term Program means the Blue Carbon Program established under section 2(a).