Blue Carbon Protection Act

I 117TH CONGRESS 1ST SESSION H. R. 3906 To establish a Blue Carbon program to conserve and restore marine and coastal blue carbon ecosystems, and other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 15, 2021 Mr. HUFFMAN (for himself, Mr. CLEAVER, Mr. GRIJALVA, Ms. BONAMICI, Ms. MATSUI, Mr. COHEN, Mr. MCGOVERN, Ms. NORTON, and Mr. CASE) in- troduced the following bill; which was referred to the Committee on Nat- ural Resources, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL To establish a Blue Carbon program to conserve and restore marine and coastal blue carbon ecosystems, and other purposes. 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 ‘‘Blue Carbon Protec- 4 tion Act’’. 5 VerDate Sep 11 2014 22:51 Jul 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 3906 IH SEC. 2. BLUE CARBON PROGRAM. 1 (a) ESTABLISHMENT.—The Administrator shall es- 2 tablish and maintain a Blue Carbon Program within the 3 National Oceanic and Atmospheric Administration for the 4 purposes of furthering conservation objectives for fish and 5 wildlife habitat conservation and restoration and coastal 6 resilience including the development of ways to incorporate 7 ecosystem services from carbon storage into existing do- 8 mestic and international policies, programs, and activities. 9 (b) ADDITIONAL AUTHORITY.—In conducting the 10 Program, the Administrator may enter into and perform 11 such contracts, leases, grants, or cooperative agreements 12 as may be necessary to carry out the purposes of this sub- 13 title on such terms as Administrator considers appro- 14 priate. 15 (c) ACTIVITIES.—The Administrator shall conduct 16 the following activities: 17 (1) Collaborate with Federal agencies, State 18 agencies, Tribes, and non-governmental organiza- 19 tions on research, restoration, and protection efforts 20 relating to blue carbon ecosystems. 21 (2) Develop a database of blue carbon stocks 22 and fluxes in the United States. 23 (3) Assist in exploration of the potential for a 24 market for carbon credits and other financial instru- 25 ments for protection and restoration initiatives, in- 26 VerDate Sep 11 2014 22:51 Jul 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 3906 IH cluding research, development of protocols, and eval- 1 uation of protocols and the efficacy of blue carbon 2 markets as a tool for protecting ecosystems. 3 (4) Raise awareness of blue carbon ecosystems 4 as a tool to further conservation objectives through 5 education and extension activities. 6 (5) Use existing models or develop new models 7 to assess blue carbon storage potential that include 8 quantification, verifiability, additionality as com- 9 pared to a historical baseline, and permanence of 10 those benefits. 11 (6) Quantify current total and net ecosystem 12 carbon storage and sequestration in coastal and ma- 13 rine areas. 14 (7) Project future total and net ecosystem car- 15 bon storage and sequestration under different sce- 16 narios influenced by human population growth, sea 17 level rise, and other system-wide changes. 18 (8) Protect and restore habitats, waters, and 19 organisms that are long-term carbon sinks or will be 20 subject to habitat change as a result of climate 21 change and development. 22 (9) Quantify co-benefits of blue carbon eco- 23 systems, including flood risk reduction, habitat pro- 24 tection and restoration for endangered and threat- 25 VerDate Sep 11 2014 22:51 Jul 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 3906 IH ened species, habitat protection and restoration for 1 commercial and recreational fisheries, water quality 2 improvements, habitat maintenance and restoration, 3 cycling of nutrients other than carbon, commercial 4 and recreational fishing and boating benefits. 5 (10) Assess regional and national ecosystem 6 and socioeconomic impacts of carbon sequestration 7 and storage. 8 (11) Research variability, long-term storage, 9 and innovative techniques for effective, long-term, 10 natural ocean or coastal ecosystem-based carbon se- 11 questration. 12 (12) Identify areas of particularly high rates of 13 carbon sequestration and storage. 14 (13) Assess legal issues of landownership and 15 leases in blue carbon markets, and develop guide- 16 lines to help landowners navigate the requirements 17 of such markets. 18 SEC. 3. BLUE CARBON PARTNERSHIP GRANT PROGRAM. 19 (a) ESTABLISHMENT.—The Administrator shall es- 20 tablish a competitive grant program entitled the ‘‘Blue 21 Carbon Partnership Grant Program’’ to, beginning not 22 later than 2 years after the date of enactment of this Act, 23 provide funds to eligible entities for projects that protect 24 and restore blue carbon stocks, oceanic blue carbon, and 25 VerDate Sep 11 2014 22:51 Jul 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 3906 IH blue carbon ecosystems and increase the long-term carbon 1 storage and sequestration. 2 (b) ELIGIBLE RECIPIENTS.—A person or entity is eli- 3 gible to receive a grant under the grant program if such 4 person is— 5 (1) a voluntary private landowner or group of 6 landowners; 7 (2) a State agency responsible for managing 8 natural resources or wildlife; 9 (3) an Indian Tribe; 10 (4) a unit of local government; 11 (5) a nonprofit organization or land trust; 12 (6) an institution of higher education and re- 13 search; or 14 (7) any group of entities described in para- 15 graphs (1) through (6). 16 (c) REQUIREMENTS.—In administering the grant 17 program under this section, the Secretary shall develop 18 criteria for the selection of recipients, guidelines for use 19 of grant funds and any contracts relating to the use of 20 such funds, reporting requirements for recipients, and 21 metrics for evaluating the effectiveness of the use of grant 22 funds. 23 (d) SELECTION CRITERIA.—In evaluating applica- 24 tions for the program from eligible entities, the Adminis- 25 VerDate Sep 11 2014 22:51 Jul 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 3906 IH trator shall give priority to proposed eligible protection 1 and restoration activities that— 2 (1) would result in long-term protection and se- 3 questration of carbon stored in coastal and marine 4 environments; and 5 (2)(A) would protect key habitats for fish, wild- 6 life, and the maintenance of biodiversity; 7 (B) would provide coastal protection from devel- 8 opment, storms, flooding, and land-based pollution; 9 (C) would protect coastal resources of national, 10 historical, and cultural significance; 11 (D) would benefit communities of color, low-in- 12 come communities, Tribal or Indigenous commu- 13 nities, or rural communities; or 14 (E) would capitalize on existing established 15 public/private partnerships. 16 (e) REPORT TO CONGRESS.— 17 (1) REPORT REQUIRED.—The Administrator 18 shall submit annually to Congress a report con- 19 taining a State-by-State analysis of— 20 (A) the total number of acres of land or 21 water protected or restored through fee title ac- 22 quisition, easement, restoration or other activi- 23 ties under the program; 24 VerDate Sep 11 2014 22:51 Jul 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 3906 IH (B) the status of restoration projects 1 under this program; and 2 (C) the amount of blue carbon captured or 3 protected over a 100-year time period as a re- 4 sult of this program. 5 (2) PUBLICATION OF REPORT.—The Adminis- 6 trator shall make available to the public each report 7 required by paragraph (1). 8 (f) ACREAGE REQUIREMENTS.—To the maximum ex- 9 tent practicable, the Secretary of Commerce shall award 10 grants under the grant program to conduct blue carbon 11 ecosystem protection and restoration on 1,500,000 acres 12 over 10 years. 13 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 14 authorized to be appropriated to the Administrator 15 $300,000,000 for each of the fiscal years 2022 to 2026 16 to carry out this section. 17 SEC. 4. BLUE CARBON AREAS OF SIGNIFICANCE. 18 (a) DESIGNATION.—The Administrator, consistent 19 with this section, shall designate as a blue carbon area 20 of significance any area that is— 21 (1) in the coastal zone (as such term is defined 22 in section 304 of the Coastal Zone Management Act 23 of 1972 (16 U.S.C. 1453)), in territorial waters of 24 the United States, or in the exclusive economic zone; 25 VerDate Sep 11 2014 22:51 Jul 15, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 3906 IH (2) the location of water, a substrate, or an eco- 1 system that— 2 (A) provides for long-term storage and se- 3 questration of significant amounts of ecosystem 4 carbon; and 5 (B)(i) limits erosion and facilitates future 6 landward migration; 7 (ii) provides a buffer against storm surge, 8 especially for communities of color, low-income 9 communities, and Tribal and Indigenous com- 10 munities; or 11 (iii) provides a spawning, breeding, feed- 12 ing, or nesting habitat for wildlife; and 13 (3) not exclusive of coastal or other resources 14 that are significant in for mitigating or adapting to 15 climate change. 16 (b) GUIDELINES.—The Administrator shall, not later 17 than 1 year after the date of enactment of this Act, estab- 18 lish by regulation guidelines based on the best available 19 science to describe and identify blue carbon areas of sig- 20 nificance and measures to ensure the protection of blue 21 carbon areas of significance. 22 (c) REVIEW AND UPDATE.—The Administrator shall 23 review and update guidelines established under subsection 24 VerDate Sep 11 2014 22:51 Jul 15, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 3906 IH (b) not less frequently than once every 5 years or when 1 new information warrants such an update. 2 (d) SCHEDULE.—The Administrator shall establish a 3 schedule for the identification of blue carbon areas of sig- 4 nificance under subsection (b) and for reviews and updates 5 under subsection (c), and shall make initial designations 6 of a blue carbon area of significance in each coastal State 7 not later than 1 year after the date of enactment of this 8 Act. 9 (e) RECOMMENDATIONS AND INFORMATION.—The 10 Administrator shall, with respect to each coastal carbon 11 area of significance, provide recommendations and infor- 12 mation regarding the adverse impacts and threats to the 13 carbon storage, ecosystem services, and habitat capacity 14 of the area, and the actions that should be considered to 15 avoid adverse impacts and ensure the conservation and en- 16 hancement of that area. 17 (f) PROGRAMS ADMINISTERED BY THE SECRETARY 18 OF COMMERCE.—The Administrator shall use programs 19 administered by the Secretary of Commerce to carry out 20 this section and ensure the conservation and enhancement 21 of each blue carbon area of significance. 22 (g) REQUIREMENTS FOR FEDERAL ACTIONS.—With 23 respect to any proposed agency action that has the poten- 24 tial to cause an adverse impact on the carbon storage, car- 25 VerDate Sep 11 2014 22:51 Jul 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 3906 IH bon sequestration, ecosystem services, or habitat capacity 1 of any blue carbon area of significance, each Federal agen- 2 cy shall comply with the following requirements: 3 (1) NOTIFICATION.—Such Federal agency shall 4 notify the Administrator of such proposed agency ac- 5 tion. 6 (2) DETERMINATION OF ADVERSE IMPACT.— 7 The Administrator, in consultation with the pro- 8 posing agency and subject to public comment, shall 9 determine whether the proposed agency action will 10 cause an adverse impact on the carbon storage, car- 11 bon sequestration, ecosystem, or habitat of a blue 12 carbon area of significance. 13 (3) ALTERNATIVE.—With respect to any pro- 14 posed action the Administrator determines will have 15 an adverse impact under paragraph (2), the pro- 16 posing agency, in consultation with the Adminis- 17 trator, shall determine whether there is an alter- 18 native action that would prevent such adverse im- 19 pact and fulfill the purpose of the proposed action. 20 The proposing agency shall not take an action that 21 would cause an adverse impact if an alternative that 22 would not cause such adverse impact is available and 23 would fulfill the purpose of such action. 24 VerDate Sep 11 2014 22:51 Jul 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 3906 IH (4) CARBON STORAGE OFFSETS.—With respect 1 to a proposed action for which the agency deter- 2 mines no alternative is available under paragraph 3 (3), the proposing agency shall— 4 (A) in consultation with the Administrator, 5 take measures to mitigate such adverse impact; 6 (B) take such action as the Administrator 7 determines necessary to create a coastal or ma- 8 rine blue carbon ecosystem storage offset that, 9 taken in conjunction with the proposed action, 10 results in a long term net increase in carbon 11 storage, lasting an equivalent time period as the 12 carbon storage lost by the adverse impact; 13 (C) demonstrate quantitatively, using the 14 best available science, that the carbon storage 15 offset will result in a net increase in ecological 16 carbon storage and is located in close proximity 17 to the original site to keep the affected commu- 18 nities whole; 19 (D) maintain such carbon storage offset 20 for a period of time to be determined by the 21 Administrator but not less than 100 years; and 22 (E) publish the agency’s proposed course 23 of mitigation in the Federal Register for public 24 notice and comment. 25 VerDate Sep 11 2014 22:51 Jul 15, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3906.IH H3906 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 3906 IH (h) REQUIREMENT FOR AUTHORIZATION OR APPRO- 1 PRIATION.—Any requests for a new authorization or ap- 2 propriation from a Federal agency transmitted to the Of- 3 fice of Managemen [Text truncated for display. 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