IB Union Calendar No. 511 117TH CONGRESS 2D SESSION H. R. 3764 [Report No. 117–695, Part I] To direct the Administrator of the National Oceanic and Atmospheric Admin- istration to provide for ocean-based climate solutions to reduce carbon emissions and global warming; to make coastal communities more resil- ient; and to provide for the conservation and restoration of ocean and coastal habitats, biodiversity, and marine mammal and fish populations; and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 8, 2021 Mr. GRIJALVA (for himself, Mr. BEYER, Mr. BLUMENAUER, Ms. BONAMICI, Ms. BROWNLEY, Mr. CARTWRIGHT, Mr. CASE, Ms. CASTOR of Florida, Mr. CLEAVER, Mr. COHEN, Mr. CRIST, Ms. DEGETTE, Mr. ESPAILLAT, Mr. EVANS, Mr. GOMEZ, Mr. HUFFMAN, Mr. KHANNA, Ms. JOHNSON of Texas, Mr. LEVIN of California, Mr. LIEU, Mr. LOWENTHAL, Ms. MAT- SUI, Ms. NORTON, Ms. PINGREE, Mr. SABLAN, Mr. SIRES, and Mr. SWALWELL) introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committees on Science, Space, and Technology, House Administration, Ways and Means, Transportation and Infrastructure, Foreign Affairs, and Armed Services, 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 DECEMBER 30, 2022 Additional sponsors: Mr. CONNOLLY, Mr. WELCH, Mrs. NAPOLITANO, Mr. NADLER, Ms. CLARKE of New York, Mr. LEVIN of Michigan, Mr. DESAULNIER, Ms. LEE of California, Ms. SCHAKOWSKY, Mrs. DINGELL, Mr. MCEACHIN, Ms. BARRAGA´N, Ms. STANSBURY, Mr. AGUILAR, Mr. KAHELE, Mr. CARBAJAL, Mrs. MCBATH, Mr. VARGAS, Mr. SCHIFF, and Mr. MCGOVERN VerDate Sep 11 2014 22:29 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3764.RH H3764 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3764 RH DECEMBER 30, 2022 Reported from the Committee on Natural Resources with an amendment [Strike out all after the enacting clause and insert the part printed in italic] DECEMBER 30, 2022 Committees on Science, Space, and Technology, House Administration, Ways and Means, Transportation and Infrastructure, Foreign Affairs, and Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on June 8, 2021] A BILL To direct the Administrator of the National Oceanic and Atmospheric Administration to provide for ocean-based climate solutions to reduce carbon emissions and global warming; to make coastal communities more resilient; and to provide for the conservation and restoration of ocean and coastal habitats, biodiversity, and marine mammal and fish populations; and for other purposes. VerDate Sep 11 2014 22:29 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3764.RH H3764 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3764 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ocean-Based Climate 4 Solutions Act of 2022’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents of this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—BLUE CARBON Sec. 101. Blue Carbon Program. Sec. 102. National map of coastal and marine blue carbon ecosystems. Sec. 103. Report on blue carbon in the United States. Sec. 104. Blue Carbon Partnership Grant Program. Sec. 105. Integrated pilot programs to protect and restore degraded blue carbon ecosystems. Sec. 106. Interagency working group. Sec. 107. Blue carbon areas of significance. Sec. 108. Authorization of Smithsonian Institution blue carbon activities. Sec. 109. Federal coastal and marine blue carbon restoration and protections; funding. Sec. 110. Authorization of appropriations. Sec. 111. Rule of construction. Sec. 112. Definitions. TITLE II—OFFSHORE ENERGY Subtitle A—Oil and Gas Leasing in the Outer Continental Shelf Sec. 201. Prohibition of oil and gas leasing and other activities in certain areas of the Outer Continental Shelf. Sec. 202. Best available technology. Subtitle B—Offshore Renewable Energy Sec. 211. Findings; Sense of Congress on the importance of offshore wind energy. Sec. 212. Outer Continental Shelf offshore wind targets. Sec. 213. Removing roadblocks for data sharing. Sec. 214. Increasing funding for scientific research. Sec. 215. Extending collaboration with industry. Sec. 216. Developing strategies to protect wildlife. Sec. 217. Offshore wind for the Territories. Sec. 218. Increasing funding for coastal conservation and resilience. Sec. 219. Restoring Offshore Wind Opportunities. VerDate Sep 11 2014 22:29 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6213 E:\BILLS\H3764.RH H3764 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3764 RH TITLE III—CLIMATE-READY FISHERIES, EFFICIENT FISHERY VESSELS, AND BUY AMERICAN SEAFOOD Sec. 301. Sense of Congress. Sec. 302. Caught in the USA. Sec. 303. Eliminate fish subsidies in trade agreements. Sec. 304. Fuel efficient fishing vessels. Sec. 305. Climate and fisheries research and management program. Sec. 306. Climate-ready fisheries innovation program. Sec. 307. Report on shifting stocks and ways to adapt fisheries for the impacts of climate change. Sec. 308. Essential fish habitat consultation. Sec. 309. Ocean Aquaculture Research and Policy Program. TITLE IV—COASTAL BARRIER RESOURCE ACT AMENDMENTS Sec. 401. Undeveloped coastal barrier. Sec. 402. Coastal hazard pilot project. Sec. 403. Report on expanding Coastal Barrier Resources Act to the Pacific Coast, including Pacific Territories and Freely Associated States. Sec. 404. Require disclosure to prospective buyers that property is in the Coastal Barrier Resources System. Sec. 405. Improve Federal agency compliance with Coastal Barrier Resources Act. Sec. 406. Excess Federal property. Sec. 407. Emergency exceptions to limitations on expenditures. Sec. 408. Authorization of appropriations. TITLE V—COASTAL ZONE MANAGEMENT ACT AMENDMENTS Sec. 501. Grants to further achievement of Tribal coastal zone objectives. Sec. 502. Eligibility of District of Columbia for Federal funding. Sec. 503. Coastal and Estuarine Resilience and Restoration Program. Sec. 504. Coastal Zone Management Fund. Sec. 505. Authorization of appropriations. Sec. 506. Amendments to National Estuarine Research Reserve System Program. Sec. 507. Working Waterfronts Grant Program. TITLE VI—INSULAR AFFAIRS Sec. 601. Definitions. Sec. 602. Insular Area Climate Change Interagency Task Force. Sec. 603. Runit Dome report and monitoring activities. Sec. 604. Coastal management technical assistance and report. Sec. 605. Climate Change Insular Research Grant Program. Sec. 606. National Weather Service technical assistance grants. Sec. 607. Coral reef prize competitions. Sec. 608. Ocean and Coastal Mapping Integration Act. Sec. 609. Office of Insular Affairs Technical Assistance Program. Sec. 610. Non-Federal cost-share waiver. Sec. 611. Disaster relief non-Federal cost-share waiver. TITLE VII—STRENGTHENING MARINE MAMMAL CONSERVATION Sec. 701. Conservation of marine mammals adversely affected by climate change. Sec. 702. Vessel restrictions in marine mammal habitat. VerDate Sep 11 2014 22:29 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6213 E:\BILLS\H3764.RH H3764 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3764 RH Sec. 703. Monitoring ocean noise for marine mammal protection. Sec. 704. Grants for seaports to establish programs to reduce the impacts of vessel traffic and port operations on marine mammals. Sec. 705. Near real-time monitoring and mitigation program for large whales. Sec. 706. Grants to support technology that reduces underwater noise from vessels. Sec. 707. Naval technology transfer for quieting Federal noncombatant vessels. TITLE VIII—INTERNATIONAL AGREEMENTS, EFFORTS IN THE ARC- TIC, AND BUREAU OF INDIAN AFFAIRS TRIBAL RESILIENCE PRO- GRAM Subtitle A—International Agreements Sec. 801. Law of the Sea Convention. Sec. 802. United Nations Sustainable Development Goal 14. Sec. 803. Marine protected areas in areas beyond national jurisdiction. Subtitle B—Efforts in the Arctic Sec. 811. Plan for the United States to cut black carbon emissions to 33 percent below 2013 levels by 2025. Subtitle C—Bureau of Indian Affairs Tribal Resilience Program Sec. 821. Bureau of Indian Affairs Tribal Resilience Program. TITLE IX—COASTAL RESILIENCY AND ADAPTATION Sec. 901. Living Shoreline Grant Program. Sec. 902. National Oceanic and Atmospheric Administration Research Programs. Sec. 903. Improvements to the National Oceans and Coastal Security Act. Sec. 904. Shovel-ready restoration grants for coastlines and fisheries. Sec. 905. Strategic Climate Change Relocation Initiative and Program. Sec. 906. National Centers of Excellence in Coastal Resilience Research and Edu- cation. Sec. 907. Initiate designation process for successful sanctuary nominations and technical corrections to the National Marine Sanctuaries Act. Sec. 908. Grants to further resilience and climate research with indigenous and Tribal communities. Sec. 909. Grants for conserving, recovering, and maintaining kelp forest eco- systems. TITLE X—OCEAN HEALTH: OCEAN ACIDIFICATION AND HARMFUL ALGAL BLOOMS Subtitle A—Coastal Communities Ocean Acidification Act Sec. 1001. Coastal community vulnerability assessment. Subtitle B—Ocean Acidification Act Sec. 1011. Prize competitions. Subtitle C—Harmful Algal Bloom Essential Forecasting Sec. 1021. Centers of Excellence in Harmful Algal Bloom Research, Prevention, Response, and Mitigation. VerDate Sep 11 2014 22:29 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6213 E:\BILLS\H3764.RH H3764 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3764 RH TITLE XI—OCEAN DATA AND COLLABORATIVE EFFORTS Subtitle A—Regional Ocean Partnerships Sec. 1101. Purposes. Sec. 1102. Regional ocean partnerships. Subtitle B—National Coastal Resilience Data and Services Sec. 1111. Authorization of NOAA activities. Sec. 1112. Interagency coordination. Subtitle C—Centralized Website for Resiliency Grants Sec. 1121. Centralized website for resiliency grants. Subtitle D—Automatic Identification Systems Sec. 1131. Automatic identification systems. Subtitle E—Authorization of Appropriations Sec. 1141. Authorization of appropriations. TITLE XII—MEASURES TO ADDRESS GREENHOUSE GAS POLLUTION FROM SHIPPING VESSELS Sec. 1201. Greenhouse gas emissions from shipping. Sec. 1202. Quiet Seas and Clear Skies Vessel Speed Reduction Award Program. TITLE XIII—VIRGIN PLASTIC EXCISE TAX Sec. 1301. Virgin plastic excise tax. Sec. 1302. Establishment of the Virgin Plastic Trust Fund. TITLE XIV—STUDIES AND REPORTS Sec. 1401. Deep sea mining. Sec. 1402. National Academies assessment of oceanic blue carbon. Sec. 1403. Report on the ecological and economic effects of high seas fishing in the ocean areas beyond national jurisdiction. Sec. 1404. National Academies assessment of public access to the coasts. Sec. 1405. Study examining the impact of acidification and other environmental stressors on estuaries environments. Sec. 1406. Study examining the causes and impacts of black carbon. Sec. 1407. Marine areas inventory. Sec. 1408. Marine biodiversity census. Sec. 1409. Marine biodiversity gap analysis. SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Secretary of Commerce, acting 4 VerDate Sep 11 2014 22:29 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3764.RH H3764 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3764 RH through the Administrator of the National Oceanic 1 and Atmospheric Administration. 2 (2) EXCLUSIVE ECONOMIC ZONE.—The term 3 ‘‘Exclusive Economic Zone’’ means the zone estab- 4 lished by Proclamation Numbered 5030, dated March 5 10, 1983. 6 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 7 has the meaning given such term in section 4 of the 8 Indian Self-Determination and Education Assistance 9 Act (25 U.S.C. 5304). 10 (4) INSTITUTION OF HIGHER EDUCATION.—The 11 term ‘‘institution of higher education’’ has the mean- 12 ing given such term in section 101(a) of the Higher 13 Education Act of 1965 (20 U.S.C. 1001(a)). 14 (5) NATIONAL ACADEMIES.—The term ‘‘National 15 Academies’’ means the National Academies of Science, 16 Engineering, and Medicine. 17 (6) STATE.—The term ‘‘State’’ means each of the 18 several States, the District of Columbia, and the 19 United States Territories of American Samoa, the 20 Commonwealth of the Northern Mariana Islands, 21 Guam, Puerto Rico, and the Virgin Islands of the 22 United States. 23 (7) UNITED STATES.—The term ‘‘United States’’ 24 means the several States, the District of Columbia, 25 VerDate Sep 11 2014 22:29 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3764.RH H3764 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3764 RH and the United States Territories of American 1 Samoa, the Commonwealth of the Northern Mariana 2 Islands, Guam, Puerto Rico, and the Virgin Islands 3 of the United States. 4 TITLE I—BLUE CARBON 5 SEC. 101. BLUE CARBON PROGRAM. 6 (a) ESTABLISHMENT.—The Administrator shall estab- 7 lish and maintain a program within the National Oceanic 8 and Atmospheric Administration to further conservation 9 and restoration objectives for fish and wildlife habitat and 10 coastal resilience, including the development of ways to in- 11 corporate ecosystem services from carbon storage into exist- 12 ing domestic and international policies, programs, and ac- 13 tivities. 14 (b) ADDITIONAL AUTHORITY.—In conducting the pro- 15 gram, the Administrator may enter into and perform such 16 contracts, leases, grants, or cooperative agreements as may 17 be necessary to carry out the purposes of this title on such 18 terms as the Administrator considers appropriate. 19 (c) ACTIVITIES.—The Administrator shall lead the de- 20 velopment and coordination of the strategic plan described 21 in section 106(e) and shall— 22 (1) collaborate with Federal agencies, the inter- 23 agency working group, State agencies, Indian Tribes, 24 Native American Pacific Islander organizations, and 25 VerDate Sep 11 2014 22:29 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H3764.RH H3764 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3764 RH nongovernmental organizations on research, restora- 1 tion, and protection efforts relating to blue carbon 2 ecosystems; 3 (2) develop a database of blue carbon stocks and 4 fluxes in the United States; 5 (3) assist in exploration of the potential for a 6 market for carbon credits and other fina [Text truncated for display. Full text available on Congress.gov.]