Sec. 103. Research areas for marine carbon dioxide removal
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In carrying out the Program, the Secretary may— designate federally administered oceanic, coastal, estuarine, riverine, or terrestrial areas for research related to one or more marine carbon dioxide removal approaches; or award grants to eligible entities to establish such areas for such research. The purpose of the research areas designated or established under this section shall be to enable— the basic and applied science needed to achieve the objectives described in section 101(b)(1), including through— bench-scale, mesocosm, and wet lab experiments; and field trials, other field research, and demonstration projects; coordinated permitting and compliance with applicable environmental law, engagement and consultation with relevant stakeholders, and risk mitigation; sensing networks that can reliably return accurate observations across a wide field of variables in support of the monitoring goals set forth in section 102(b); a community of practice among Federal and non-Federal researchers, entrepreneurs, and other stakeholders; the incubation or acceleration of businesses that can safely deploy— marine carbon dioxide removal; or technologies to measure, monitor, report, or verify approaches; and long-term community engagement and participation in marine carbon dioxide removal activities.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall— conduct an inventory of existing Federal facilities and oceanic, coastal, estuarine, riverine, or terrestrial areas that may be suitable for designation as federally administered research areas under this section; submit the inventory to the interagency working group for review; following submittal of the inventory under paragraph (2), publish the inventory to the Federal Register for public comment; and use such public comments to inform the selection of research areas.
For purposes of grants under this section, an eligible entity is any of the following: A National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )). An institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). A State, local, or Indian tribal government. Any other private or public entity. A consortium of entities described in any of subparagraphs
(A)through (D). An eligible entity seeking a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. In awarding grants under this section, the Secretary shall seek to leverage private sector investment, to the extent possible. The Secretary shall assess the suitability of each research area under consideration for designation or establishment under this section. In carrying out paragraph (1), the Secretary— shall use relevant scientific, social, and economic data, including baseline environmental data and any assessments of baseline environmental data; and may— develop and employ marine spatial planning tools; and consider non-contiguous areas that are proximate to one another and connected by ecological or oceanographic factors. In carrying out paragraph (1), the Secretary may assess the following: Matters relating to oceanographic and ecological characteristics, including— proximity and access to geologic storage formations; impacts to coastal and marine ecosystems, biodiversity, protected species, and the habitat of such species; proximity and impacts to existing protected areas, such as marine monuments and sanctuaries; and bathymetry, ocean circulation, and carbon chemistry baselines. Matters relating to human uses and communities, including— current and possible future human uses of the research area and the areas in reasonable proximity to the research area; availability of existing sensor networks, technology, infrastructure, and land-based facilities; where appropriate, potential colocation with existing infrastructure such as desalination plants, ships, moorings, and renewable energy; and potential socioeconomic or sociocultural impacts on adjacent coastal communities, including Native American individuals or entities. Potential downstream impacts beyond the research area. Such other factors as the Secretary considers appropriate, in consultation with— States or Indian tribal governments that are in reasonable proximity to the research area; or the interagency working group. For each research area designated or established under this section, and subject to subsection (i), the Secretary shall develop terms and conditions by which all users of the research area shall abide. At a minimum, the terms and conditions developed under this subsection shall include— a requirement for any user of the research area to abide by the code of conduct established under section 104; stewardship, management, and conservation measures that incorporate local and traditional knowledge, to the greatest extent practicable; a requirement for the user to develop and follow a plan to— mitigate risks and conflicts regarding local ecological conditions, biological sensitivities, protected resources, and commercial and human uses; monitor ecosystem responses within, and in reasonable proximity to, the research area; address potential environmental degradation resulting from activities at the research area; and following the expiration of a research area, remove— the user’s fixtures, furnishings, equipment; and any improvements made to the research area; clear, objective thresholds of environmental harm that require the immediate cessation of a user’s activities at the research area; the user’s consent for— remote monitoring of the user’s activities and the impacts of those activities on the environment; and regular and unannounced inspections of the user’s activities by the advisory board for the research area appointed under subsection (j); a requirement that the user will comply with all applicable law and policies; and additional terms and conditions as the Secretary considers necessary or appropriate in furtherance of this Act. The duration of research areas designated or established under this section shall be determined as provided in this subsection. Not less frequently than once every 5 years, the Secretary shall reassess each research area administered by a Federal agency to ensure that the research area advances the purpose set forth in subsection (b), the research area is suitable under subsection (e), and users of the research area are in compliance with applicable terms and conditions developed under subsection (f). If, pursuant to a reassessment carried out with respect to a research area under subparagraph (A), the Secretary finds that the research area does not advance the purpose set forth in subsection (b), the research area is not suitable under subsection (e), or users of the research area are noncompliant with applicable terms and conditions developed under subsection (f), the Federal agency administering the research area shall— terminate activities at the research area; and close down operations at the research area pursuant to applicable terms and conditions; or remediate the research area to comport with subsections (b), (e), and (f). An eligible entity administering a research area under this Act may carry out activities at the research area for an initial period of 5 years. Before the conclusion of an initial period for a research area described in subparagraph (A), the Secretary shall reassess the research area to ensure that the research area advances the purpose set forth in subsection (b), the research area is suitable under subsection (e), and users of the research are in compliance with applicable terms and conditions developed under subsection (f). If, pursuant to a reassessment carried out with respect to a research area under subparagraph (B), the Secretary finds that the research area advances the purpose set forth in subsection (b), the research area is suitable under subsection (e), and users of the research area are in compliance with applicable terms and conditions developed under subsection (f), the Secretary may authorize the eligible entity administering the research area to carry out activities at the research area for a single, additional period of 5 years. If, pursuant to a reassessment carried out with respect to a research area under subparagraph (B), the Secretary finds that the research area does not advance the purpose set forth in subsection (b), the research area is not suitable under subsection (e), or users of the research area are noncompliant with applicable terms and conditions developed under subsection (f), the eligible entity administering the research area shall— terminate activities at the research area; and close down operations at the research area pursuant to applicable terms and conditions; or remediate the research area to comport with subsections (b), (e), and (f). In order to allow for continuity of operations, not later than 1 year prior to the conclusion of an additional 5-year period for a research area authorized under subparagraph (C), the eligible entity administering the research area may reapply for the establishment of the research area under this section. For each research area designated or established under this section, and subject to subsection (i), the Secretary shall develop, to the extent possible, opportunities to deliver benefits to communities with interest in the research area, such as— community benefit agreements; workforce development opportunities; mitigation measures; public education efforts; and other socioeconomic or educational benefit schemes. In carrying out subsections
(f)and (h), the Secretary— shall engage or consult, as appropriate, regarding the terms and conditions and community benefits described in such subsections with— State, local, and Indian tribal governments with jurisdiction over any part of the research area; members of communities proximate to the research area, including relevant recreational and commercial users, academic institutions, Native American individuals or entities, and nongovernmental organizations; and other stakeholders as the Secretary considers necessary to ensure full and fair engagement with potentially impacted community members; and may leverage existing partnerships and assets to support meaningful public participation, including— the national sea grant college program; Regional Ocean Partnerships; and the Regional Collaboration Network. Except as provided in paragraph (3), the Secretary shall appoint an advisory board to support oversight of each research area designated or established under this section, consisting of— one or more representatives of each Federal agency participating in activities at the research area; one or more representatives of each State, county, or Indian tribal government adjacent to the research area; one or more members from each community adjacent to the research area; one or more representatives of the users of the research area; and additional members as the Secretary considers appropriate. A board appointed under this subsection shall— monitor the delivery of community benefits, compliance with the applicable terms and conditions, and, as necessary or advisable, inspections of activities at the research area; meet regularly with the Secretary to provide advice and guidance for the management, conservation, and stewardship of the research area; provide advice and recommendations to the Secretary on whether a proposed use or user of the research area should be allowed; and take other actions to support the safe, effective, orderly, and lawful operation of the research area at the discretion of the Secretary. Upon the request of a board appointed under this subsection, the Secretary may assign additional duties to the board as the Secretary considers appropriate. At the discretion of the Secretary or upon the request of a State, local, or Indian tribal government, the Secretary may request that the Regional Ocean Partnership in which the research area is located carry out the duties described in paragraph
(2)instead of appointing a board as provided in paragraph (1).
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