No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7106 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7106
To amend the National Oceans and Coastal Security Act to make
improvements to that Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 29, 2024
Mr. Beyer (for himself and Mrs. Gonzalez-Colon) 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.
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 ``National Oceans and Coastal Security
Improvements Act of 2024''.
SEC. 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:
``SEC. 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:
``SEC. 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''.
<all>
Introduced in House
Introduced in House
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.
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.
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