Sec. 903. 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

(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 Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term blue carbon means the carbon that marine or coastal vegetation sequester from the atmosphere in a manner that results in its storage for a period of not less than 100 years. . Section 904(b)(1) of such Act ( 16 U.S.C. 7503(b)(1) ) is amended to read as follows: There shall be deposited into the Fund, which shall constitute the assets of the Fund— amounts transferred to the Fund under section 908; and such other amounts as may be appropriated or otherwise made available to carry out this Act. . Section 904 of such Act ( 16 U.S.C. 7503 ) is amended by striking subsection

(d)and inserting the following: Of the amounts deposited into the Fund for each fiscal year— not less than $150,000,000 shall be used for the award of grants under subsection

(b)of section 906; not less than $50,000,000 shall be used for the award of grants under subsection

(c)of such section; if amounts deposited into the Fund for each fiscal year are greater than $200,000,000, any amounts in excess of $200,000,000 shall be distributed such that— 80 percent shall be used for the award of grants under subsection

(b)of section 906; and 20 percent shall be used for the award of grants under subsection

(c)of section 906; and of amounts provided in this subsection, not more than 4 percent may be used by the Administrator and the National Fish and Wildlife Foundation (Foundation) for direct costs to carry out this chapter. . 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 for grants under section 906(b) and the Foundation for grants under section 906(c) to support programs and activities intended to protect, conserve, restore, better understand, and utilize ocean and coastal resources and coastal infrastructure, including, where appropriate, scientific research, resiliency planning, implementation, and monitoring 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 but not limited to 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 other marine-based recreational businesses and sustainable tourism. Efforts to assist coastal States in repositioning, relocating or deploying natural or nature-based features to enhance the resiliency of critical coastal transportation, 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. Acquisition of property or interests in property if— the area is located within a coastal county or adjacent county; the funds made available under this subtitle are used to acquire land or interest in land by purchase, exchange, or donation from a willing seller; the Governor of the State in which the property or interests in property are acquired approves of the acquisition; and such property or interest is acquired in a manner that will ensure such property or interest will be administered to support the purposes of this Act. 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 as eligible efforts that 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 eligible critical infrastructure projects (as compared to just general water infrastructure, which can also include drinking water systems). Technical assistance to help develop comprehensive resilience and mitigation plans and to engage community stakeholders, as an eligible funding effort. Community-led strategic relocation efforts. No funds made available under this Act may be used to fund any expense related to litigation or any activity the purpose of which is to influence legislation pending before Congress. . 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), as appropriate, to entities including States, local governments, regional and interstate collaboratives, associations, nonprofit and for-profit private entities, public-private partnerships, academic institutions, Indian Tribes, and Indigenous communities. ; 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 these 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

(3)and

(4)of this subsection, the Administrator and the Foundation shall award grants to eligible coastal States based on the following formula: 50 percent of the funds are allocated equally among such coastal States and Tribes, with not less than 15 percent going to Indian Tribes. 30 percent of the funds are allocated on the basis of the ratio of tidal shoreline miles in a coastal State to the tidal shoreline miles of all coastal States. 20 percent of the funds are allocated on the basis of the ratio of population of the coastal counties of a coastal State to the total population of all coastal counties of all coastal States based on the most recent data available by the United States Census Bureau. For purposes of this subsection, an eligible coastal State is any coastal State as defined in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 ). Notwithstanding paragraph (1), not more than 5 percent of the total funds distributed under this subsection may be allocated to any single State. Any amount exceeding this limit shall be redistributed equally among the remaining eligible coastal States. To be eligible to receive a grant under this subsection, an eligible coastal State shall submit to the Administrator for review and approval, a 5-year plan, which shall include the following: Criteria to determine eligibility for entities which may receive grants under this subsection. A description of the competitive process the coastal State will use in allocating funds received from the Fund, except in the case of allocating funds under paragraph (7), which shall include— a description of the relative roles of and consistency 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 by the Administrator and Foundation under subsection (a)(1). A process to certify that the project or program and the awarding of a contract for the expenditure of amounts received under this paragraph are consistent with the standard procurement rules and regulations governing a comparable project or program in that State, including all applicable competitive bidding and audit requirements. Procedures to make publicly available on the internet a list of all projects supported by the Fund, that includes at a minimum the grant recipient, grant amount, project description, and project status. As a condition of receiving a grant under this subsection, a coastal State shall submit to the Administrator, not less frequently than once every 5 years, an update to the plan submitted by the coastal State under subparagraph

(A)for the 5-year period immediately following the most recent submittal under this paragraph. In determining whether to approve a plan or an update to a plan described in subparagraph

(A)or

(B)of paragraph (4), the Administrator or the Foundation shall provide the opportunity for, and take into consideration, public input and comment on the plan. As a condition on receipt of a grant under this subsection, a State that receives a grant under this subsection shall ensure that Indian Tribes in the State are eligible to participate in the competitive process described in the State’s plan under paragraph (5)(A)(ii). In any year, if an eligible coastal State or geographic area does not submit the plan required by paragraph

(4)or declines the funds distributed under this subsection, the funds that would have been allocated to the State or area shall be reallocated to carry out subsection

(c)for the national grant program. . Subsection (c)(2) of such section is amended— 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 cap on funding to States through grants awarded under subsection (b). Not less than $5,000,000 each year shall be awarded to Tribes and Indigenous communities. . Section 907 of the National Oceans and Coastal Security Act ( 16 U.S.C. 7506 ) is amended— in paragraph

(2)of subsection (b), by striking and at the end; by amending paragraph

(3)of subsection

(b)to read as follows: a description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures; 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 their blue carbon potential. . Section 908 of such Act ( 16 U.S.C. 7507 ) is amended to read as follows: There is authorized to be appropriated $200,000,000 to carry out this title for each of fiscal years 2022 through 2026. .

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