Sec. 404. Improvements to the National Oceans and Coastal Security Act
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Section 902 of the National Oceans and Coastal Security Act ( 16 U.S.C. 7501 ) is amended— by amending paragraph
(5)to read as follows: The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). ; by amending paragraph
(7)to read as follows: 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. ; and by adding at the end the following: The term blue carbon means the ability of an ocean or coastal ecosystem, habitat, or other natural resource to absorb, capture, and contain atmospheric carbon dioxide. . Subsection
(a)of section 904 of such Act ( 16 U.S.C. 7503 ) is amended by inserting and jointly manage after establish . Paragraph
(1)of section 904(b) of such Act ( 16 U.S.C. 7503(b) ) is amended to read as follows: There shall be deposited into the Fund, which shall constitute the assets of the Fund, amounts as follows: Amounts appropriated for the Fund. Such other amounts as may be appropriated or otherwise made available to carry out this title. . Section 904 of such Act ( 16 U.S.C. 7503 ) is amended by striking subsection
(d)and inserting the following: If amounts deposited into the Fund in a fiscal year equal or exceed $100,000,000— not more than 80 percent of such amounts may be used in that fiscal year for the award of grants under subsection
(b)of section 906; not more than 20 percent of such amounts may be used in that fiscal year for the award of grants under subsection
(c)of such section; and not more than 4 percent of such amounts may be used in that fiscal year by the Administrator and the Foundation for administrative expenses to carry out this title, which amount shall be divided between the Administrator and the Foundation pursuant to an agreement reached and documented by both the Administrator and the Foundation. If amounts deposited into the Fund in a fiscal year are less than $100,000,000— all of such amounts shall be used in that fiscal year for the award of grants under subsection
(c)of section 906; and not more than 4 percent may be used by the Administrator and the Foundation for administrative expenses to carry out this title, which amount shall be divided between the Administrator and the Foundation pursuant to an agreement reached and documented by both the Administrator and the Foundation. . Section 905 of such Act ( 16 U.S.C. 7504 ) is amended to read as follows: Amounts in the Fund may be allocated by the Administrator and the Foundation to support programs and activities intended to protect, conserve, restore, better understand, and utilize ocean and coastal resources and coastal infrastructure, including scientific research, resiliency and spatial planning, data-sharing, and other programs and activities carried out in coordination with Federal and State departments or agencies, including the following: 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, and changes in ocean temperature to natural resources, communities, and coastal economies. Restoration, protection, or maintenance of living ocean, coastal, and Great Lakes resources and their habitats, including habitats and ecosystems that provide blue carbon benefits. Planning for and managing coastal development to enhance ecosystem and community integrity, or to minimize impacts from sea level change, hurricanes and other extreme weather, flooding, and coastal erosion. Projects to address management, planning, or resiliency and readiness issues which are regional or interstate in scope, such as regional ocean partnerships or similar bodies. Efforts that contribute to the understanding of ecological, economic, societal, and national security threats driven by changes to the oceans, coasts, and Great Lakes. Efforts to preserve, protect, and collect data, including through public ocean and coastal data portals, that would support sustainable water-dependent commercial activities, including commercial fishing, recreational fishing businesses, aquaculture, boat building, or other coastal-related businesses. Efforts to assist coastal States in repositioning, relocating, or deploying natural or nature-based features to enhance the resiliency of critical coastal transportation and emergency response, water, electrical, and other infrastructure that are already subject to or face increased future risks of hurricanes, coastal flooding, coastal erosion, or sea level change to ensure the economic security, safety, and ecological well-being of the coasts of the United States. Acquiring property or interests in property if— the property is located within a coastal county or adjacent county; the property or interests in property are acquired through the voluntary sale, exchange, or donation of the property or interests in property by the previous owner; the Governor of the State in which the property or interests in property are located approves of the acquisition; and the property or interests in property are acquired in a manner that will ensure that the property or interests in property will be administered to support the purposes of this title. Protection and modification of critical coastal public infrastructure affected by erosion, hurricanes or other extreme weather, flooding, or sea level change. Assistance for small businesses and communities that are dependent on coastal tourism to help coastal economies minimize impacts from sea level rise and disasters. Projects that use natural and nature-based approaches for enhancing the resiliency of wastewater and stormwater infrastructure (as compared to general water infrastructure, which may include drinking water systems). Technical assistance to help develop comprehensive resilience and mitigation plans. No funds made available under this title may be used to fund litigation against the Federal Government. . Subsection (a)(1) of section 906 of such Act ( 16 U.S.C. 7505 ) is amended— by amending subparagraph
(B)to read as follows: Selection procedures and criteria for the awarding of grants under this section that require consultation with the Administrator and the Secretary of the Interior. ; by amending subparagraph (C)(ii) to read as follows: under subsection
(c)to entities including States, local governments, regional and interstate collaboratives, associations, nonprofit and for-profit private entities, public-private partnerships, academic institutions, and Indian Tribes. ; in subparagraph (F), by striking year if grants have been awarded in that year and inserting 5 years ; and by adding at the end the following: A method to give special consideration in reviewing proposals to projects with either direct or indirect coastal or marine blue carbon benefits and an accounting methodology to quantify those benefits for the purposes of the annual report required under section 907. . Subsection
(b)of section 906 of such Act ( 16 U.S.C. 7505 ) is amended to read as follows: Subject to section 904(d)(1) and paragraphs
(2)and
(3)of this subsection, the Administrator and the Foundation shall award grants to coastal States as follows: 50 percent of the funds provided through such grants shall be allocated equally among such coastal States. 25 percent of such funds shall be allocated on the basis of the ratio of tidal shoreline miles in a coastal State to the tidal shoreline miles of all coastal States. 25 percent of such funds shall be allocated on the basis of the ratio of population density of the coastal counties of a coastal State to the average population density of all coastal counties based on the most recent data available from the Bureau of the Census. Not more than 5 percent of the total funds distributed under this subsection may be allocated to any one coastal State. Any amount exceeding the limitation under subparagraph
(A)that would by reason of paragraph
(1)be allocated to a coastal State shall be redistributed equally among the remaining coastal States. To be eligible to receive a grant under this subsection, a coastal State shall submit to the Administrator for review and approval a 5-year plan, which shall include the following: Criteria pursuant to which the coastal State will determine the eligibility of entities to receive funds provided to the coastal State pursuant to the grant. A description of the competitive process the coastal State will use in allocating such funds, except in the case of allocating funds under paragraph (6), which shall include— a description of the relative roles in the process of, and the consistency with process with, the State coastal zone management program approved under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq.), if the coastal State has such a plan, and any State Sea Grant Program, if the State has such program; and a demonstration that such competitive process is consistent with the application and review procedures established under subsection (a)(1). A description of the process the coastal State will use to certify that any project or program, and the award of any contract for the expenditure of such funds, is consistent with the standard procurement rules and regulations governing comparable projects, programs, and contracts in the coastal State, including all applicable competitive bidding and audit requirements. A description of the procedures the coastal State will use to make publicly available on the internet— a list of all activities supported using such funds; and with respect to each such activity, an identification of, at a minimum, the recipient of such funds, the amount of such funds provided, a description of the activity, and the status of the activity. A coastal State that receives a grant under this subsection shall submit to the Administrator, not less frequently than once every 5 years after first receiving such a grant, an update to the plan submitted by the coastal State under subparagraph
(A)that covers the 5-year period immediately following the most recent plan or update submitted under this paragraph. In determining whether to approve a plan or an update to a plan described in subparagraph
(A)or
(B)of paragraph (3), the Administrator or the Foundation shall provide the opportunity for, and take into consideration, public input and comment on the plan. A coastal State that receives a grant under this subsection shall ensure that Indian Tribes in the coastal State are eligible to participate in the competitive process described in the plan of the coastal State under paragraph (3)(A)(ii). In any year, if a coastal State does not submit the plan required by paragraph
(3)or declines the award of a grant under this subsection, the funds that would have been allocated to the coastal State shall be redistributed equally among the remaining coastal States. . Subsection
(c)of such section is amended— in paragraph (2)— in subparagraph (B)— in clause (ii), by striking ; and and inserting a semicolon; by redesignating clause
(iii)as clause (iv); and by inserting after clause
(ii)the following: nongovernmental organizations; and ; and by adding at the end the following: The amount of a grant awarded under this subsection shall not count toward the maximum amount that may be allocated to a coastal State under subsection (b)(2). ; and by adding at the end the following: The Administrator and the Foundation shall require that non-Federal funds be available for a percentage of the costs (as determined by the Administrator or the Foundation, as applicable) of the activities for which any grant is awarded under this subsection. . Section 907(b) of the National Oceans and Coastal Security Act ( 16 U.S.C. 7506(b) ) is amended— in paragraph (2), by striking ; and and inserting a semicolon; in paragraph (3), by striking the period at the end and inserting ; and ; and by adding at the end the following: an estimate of blue carbon benefits, in tons of carbon dioxide, expected through grants awarded to projects that received special consideration under section 906 due to the potential blue carbon benefits of the projects. . Section 908 of such Act ( 16 U.S.C. 7507 ) is amended to read as follows: There is authorized to be appropriated to carry out this title $100,000,000 for fiscal year 2021 and each fiscal year thereafter. .
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Sec. 404
Improvements to the National Oceans and Coastal Security Act
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