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Code · BILL · 117th Congress · H.R. 3764 (Reported in House) — To direct the Administrator of the National Oceanic and Atmospheric Administration to provide for ocean-based climate... · Sec. 901

Sec. 901. Living Shoreline Grant Program

865 words·~4 min read·/bill/117/hr/3764/rh/section-901

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The Administrator shall make grants to eligible entities for the purposes of— designing and implementing large- and small-scale, climate-resilient living shoreline projects; and applying innovative uses of natural materials and systems to protect coastal communities, habitats, and natural system functions. To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator a proposal for a living shoreline project that includes— monitoring, data collection, and measurable performance criteria with respect to the project; and an engagement or education component that seeks and solicits input and feedback from the local or regional community most directly affected by the proposal.
The Administrator shall select eligible entities to receive grants under this section based on criteria developed by the Administrator. In developing the criteria under paragraph
(1)to evaluate a proposed living shoreline project, the Administrator shall take into account— the potential of the project to protect the community and maintain the viability of the environment, such as through protection of ecosystem functions, environmental benefits, or habitat types, in the area where the project is to be carried out; the historical and projected environmental conditions of the project site, particularly those environmental conditions affected by climate change; the net ecological benefits of the project including the potential of the project to contribute to carbon sequestration and storage; the ability of the entity proposing the project to demonstrate the potential of the project to protect the coastal community where the project is to be carried out, including through— reducing the effects of erosion; reducing damage to infrastructure and the loss of life from coastal storms and storm surge; reducing flood risk; managing the effects of sea level rise, accelerated land loss, and extreme tides; sustaining, protecting, or restoring the functions and habitats of coastal ecosystems; protecting important cultural sites or values; protecting low-income communities, communities of color, Tribal communities, Indigenous communities, and rural communities; sustaining, protecting, or restoring the functions and habitats of marine protected areas; or such other forms of coastal protection as the Administrator considers appropriate; and the potential of the project to support resiliency at a military installation or community infrastructure supportive of a military installation (as such terms are defined in section 2391 of title 10, United States Code). The Administrator shall establish a living shoreline design guidelines for each region of the United States, which shall be used in selecting eligible projects for grants under this section. A grant awarded under this section to an eligible entity to carry out a living shoreline project may be used by the eligible entity only— to carry out the project, including administration, community engagement, planning, design, permitting, entry into negotiated indirect cost rate agreements, and construction; to monitor, collect, and report data on the performance (including performance over time) of the project, in accordance with standards issued by the Administrator under subsection (f)(2); or to incentivize landowners to engage in living shoreline projects. For a length of time based on type of project and determined by the Administrator, the Administrator shall require each eligible entity receiving a grant under this section (or a representative of the entity) to carry out a living shoreline project— to transmit to the Administrator data collected under the project; to monitor and collect data on the ecological and economic benefits of the project and the protection provided by the project for the coastal community where the project is carried out; to make data collected under the project available on a publicly accessible website of the National Oceanic and Atmospheric Administration; and upon the completion of the project, to submit to the Administrator a report on— the measures described in paragraph (2); and the effectiveness of the project in increasing protection of the coastal community where the project is carried out through living shorelines techniques, including— a description of— the project; the activities carried out under the project; and the techniques and materials used in carrying out the project; and data on the performance of the project in providing protection to that coastal community. There is authorized to be appropriated to the Administrator $50,000,000 for each of fiscal years 2022 through 2026 for purposes of carrying out this section. In this section, the following definitions apply: The term eligible entity means any of the following: A unit of a State or local government. An organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code. An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). An institution of higher education. The term living shoreline project means a project that restores or stabilizes a shoreline using natural materials such as plants, sand, or rock that provides ecological benefits to coastal ecosystems and habitats in addition to shoreline protection; and incorporates as many natural elements as possible, such as native wetlands, kelp forests, submerged aquatic plants, corals, oyster shells, native grasses, shrubs, or trees. The term State means all coastal States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
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Sec. 901
Living Shoreline Grant Program
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