Living Shorelines Act of 2019

IB Union Calendar No. 257 116TH CONGRESS 1ST SESSION H. R. 3115 [Report No. 116–316] To direct the Administrator of the National Oceanic and Atmospheric Admin- istration to make grants to State and local governments and nongovern- mental organizations for purposes of carrying out climate-resilient living shoreline projects that protect coastal communities by supporting eco- system functions and habitats with the use of natural materials and systems, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 5, 2019 Mr. PALLONE (for himself, Mrs. WATSON COLEMAN, Mr. LOWENTHAL, Ms. BONAMICI, Mr. CARTWRIGHT, Ms. WASSERMAN SCHULTZ, Mr. SOTO, Mrs. DEMINGS, Mr. KHANNA, Ms. BLUNT ROCHESTER, Ms. LEE of Cali- fornia, and Mrs. DAVIS of California) introduced the following bill; which was referred to the Committee on Natural Resources NOVEMBER 26, 2019 Additional sponsors: Mr. SMITH of New Jersey, Ms. NORTON, Mr. PASCRELL, Mr. PAPPAS, Mr. BYRNE, Ms. VELA´ZQUEZ, Mr. MALINOWSKI, Mr. SIRES, Mr. CASE, Ms. SHALALA, Mr. VAN DREW, Mr. KIM, Mr. LARSEN of Washington, Mr. HASTINGS, Mr. FITZPATRICK, Mr. SEAN PATRICK MALONEY of New York, Mr. KILMER, Mr. SUOZZI, Mr. ROUZER, Mr. KEATING, Mr. SABLAN, Ms. GABBARD, Mr. YOUNG, Miss GONZA´LEZ- COLO´N of Puerto Rico, Mr. SARBANES, Mrs. FLETCHER, Mr. CICILLINE, Mr. CA´RDENAS, Mrs. LURIA, Ms. PINGREE, Mr. LEVIN of California, and Mr. HIMES NOVEMBER 26, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on June 5, 2019] VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 3115 RH A BILL To direct the Administrator of the National Oceanic and Atmospheric Administration to make grants to State and local governments and nongovernmental organizations for purposes of carrying out climate-resilient living shoreline projects that protect coastal communities by supporting ecosystem functions and habitats with the use of natural materials and systems, and for other purposes. VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 3115 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 ‘‘Living Shorelines Act 4 of 2019’’. 5 SEC. 2. LIVING SHORELINE GRANT PROGRAM. 6 (a) ESTABLISHMENT.—The Administrator shall make 7 grants to eligible entities for purposes of— 8 (1) designing and implementing large- and 9 small-scale, climate-resilient living shoreline projects; 10 and 11 (2) applying innovative uses of natural mate- 12 rials and systems to protect coastal communities, 13 habitats, and natural system functions. 14 (b) PROJECT PROPOSALS.—To be eligible to receive a 15 grant under this section, an eligible entity shall— 16 (1) submit to the Administrator a proposal for 17 a living shoreline project, including monitoring, data 18 collection, and measurable performance criteria with 19 respect to the project; and 20 (2) demonstrate to the Administrator that the 21 entity has any permits or other authorizations from 22 local, State, and Federal government agencies nec- 23 essary to carry out the living shoreline project or pro- 24 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 3115 RH vide evidence demonstrating general support from 1 such agencies. 2 (c) PROJECT SELECTION.— 3 (1) DEVELOPMENT OF CRITERIA.—The Adminis- 4 trator shall select eligible entities to receive grants 5 under this section based on criteria developed by the 6 Administrator, in consultation with relevant offices of 7 the National Oceanic and Atmospheric Administra- 8 tion, such as the Office of Habitat Conservation, the 9 Office for Coastal Management, and the Restoration 10 Center. 11 (2) CONSIDERATIONS.—In developing criteria 12 under paragraph (1) to evaluate a proposed living 13 shoreline project, the Administrator shall take into ac- 14 count— 15 (A) the potential of the project to protect the 16 community and maintain the viability of the en- 17 vironment, such as through protection of eco- 18 system functions, environmental benefits, or 19 habitat types, in the area where the project is to 20 be carried out; 21 (B) the historic and future environmental 22 conditions of the project site, particularly those 23 environmental conditions affected by climate 24 change; 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 3115 RH (C) the ecological benefits of the project; and 1 (D) the ability of the entity proposing the 2 project to demonstrate the potential of the project 3 to protect the coastal community where the 4 project is to be carried out, including through— 5 (i) mitigating the effects of erosion; 6 (ii) attenuating the impact of coastal 7 storms and storm surge; 8 (iii) mitigating shoreline flooding; 9 (iv) mitigating the effects of sea level 10 rise, accelerated land loss, and extreme 11 tides; 12 (v) sustaining, protecting, or restoring 13 the functions and habitats of coastal eco- 14 systems; or 15 (vi) such other forms of coastal protec- 16 tion as the Administrator considers appro- 17 priate. 18 (3) PRIORITY.—In selecting living shoreline 19 projects to receive grants under this section, the Ad- 20 ministrator shall give priority consideration to a pro- 21 posed project to be conducted in an area— 22 (A) for which the President has declared, 23 during the 10-year period preceding the submis- 24 sion of the proposal for the project under sub- 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 3115 RH section (b), that a major disaster exists pursuant 1 to section 401 of the Robert T. Stafford Disaster 2 Relief and Emergency Assistance Act (42 U.S.C. 3 5170) because of a hurricane, tropical storm, 4 coastal storm, or flooding; or 5 (B) that has a documented history of coast- 6 al erosion or frequent coastal inundation during 7 that 10-year period. 8 (4) MINIMUM STANDARDS.— 9 (A) IN GENERAL.—The Administrator shall 10 develop minimum standards to be used in select- 11 ing eligible entities to receive grants under this 12 section, taking into account— 13 (i) the considerations described in 14 paragraph (2); and 15 (ii) the need for such standards to be 16 general enough to accommodate concerns re- 17 lating to specific project sites. 18 (B) CONSULTATIONS.—In developing stan- 19 dards under subparagraph (A), the Adminis- 20 trator— 21 (i) shall consult with relevant offices of 22 the National Oceanic and Atmospheric Ad- 23 ministration, such as the Office of Habitat 24 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 3115 RH Conservation, the Office for Coastal Man- 1 agement, and the Restoration Center; and 2 (ii) may consult with— 3 (I) relevant interagency councils, 4 such as the Estuary Habitat Restora- 5 tion Council; 6 (II) State coastal management 7 agencies; and 8 (III) relevant nongovernmental 9 organizations. 10 (d) USE OF FUNDS.—A grant awarded under this sec- 11 tion to an eligible entity to carry out a living shoreline 12 project may be used by the eligible entity only— 13 (1) to carry out the project, including adminis- 14 tration, design, permitting, entry into negotiated in- 15 direct cost rate agreements, and construction; and 16 (2) to monitor, collect, and report data on the 17 performance (including performance over time) of the 18 project, in accordance with standards issued by the 19 Administrator under subsection (f)(2). 20 (e) COST-SHARING.— 21 (1) IN GENERAL.—Except as provided in para- 22 graph (2), an eligible entity that receives a grant 23 under this section to carry out a living shoreline 24 project shall provide, from non-Federal sources, funds 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 3115 RH or other resources (such as land or conservation ease- 1 ments or in-kind matching from private entities) val- 2 ued at not less than 50 percent of the total cost, in- 3 cluding administrative costs, of the project. 4 (2) REDUCED MATCHING REQUIREMENT FOR 5 CERTAIN COMMUNITIES.—The Administrator may re- 6 duce or waive the matching requirement under para- 7 graph (1) for an eligible entity representing a com- 8 munity or nonprofit organization if— 9 (A) the eligible entity submits to the Ad- 10 ministrator in writing— 11 (i) a request for such a reduction and 12 the amount of the reduction; and 13 (ii) a justification for why the entity 14 cannot meet the matching requirement; and 15 (B) the Administrator agrees with the jus- 16 tification. 17 (f) MONITORING AND REPORTING.— 18 (1) IN GENERAL.—The Administrator shall re- 19 quire each eligible entity receiving a grant under this 20 section (or a representative of the entity) to carry out 21 a living shoreline project— 22 (A) to transmit to the Administrator data 23 collected under the project; 24 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 3115 RH (B) to monitor the project and to collect 1 data on— 2 (i) the ecological benefits of the project 3 and the protection provided by the project 4 for the coastal community where the project 5 is carried out, including through— 6 (I) mitigating the effects of ero- 7 sion; 8 (II) attenuating the impact of 9 coastal storms and storm surge; 10 (III) mitigating shoreline flood- 11 ing; 12 (IV) mitigating the effects of sea 13 level rise and extreme tides; 14 (V) sustaining, protecting, or re- 15 storing the functions and habitats of 16 coastal ecosystems; or 17 (VI) such other forms of coastal 18 protection as the Administrator con- 19 siders appropriate; and 20 (ii) the performance of the project in 21 providing such protection; 22 (C) to make data collected under the project 23 available on a publicly accessible internet 24 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 3115 RH website of the National Oceanic and Atmospheric 1 Administration; and 2 (D) not later than one year after the entity 3 receives the grant, and annually thereafter until 4 the completion of the project, to submit to the 5 Administrator a report on— 6 (i) the measures described in subpara- 7 graph (B); and 8 (ii) the effectiveness of the project in 9 increasing protection of the coastal commu- 10 nity where the project is carried out through 11 living shorelines techniques, including— 12 (I) a description of— 13 (aa) the project; 14 (bb) the activities carried out 15 under the project; and 16 (cc) the techniques and mate- 17 rials used in carrying out the 18 project; and 19 (II) data on the performance of 20 the project in providing protection to 21 that coastal community. 22 (2) GUIDELINES.—In developing guidelines re- 23 lating to paragraph (1)(C), the Administrator shall 24 consider how additional data could safely be collected 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 3115 RH before and after major disasters or severe weather 1 events to measure project performance and project re- 2 covery. 3 (3) STANDARDS.— 4 (A) IN GENERAL.—Not later than 90 days 5 after the date of the enactment of this Act, the 6 Administrator shall, in consultation with rel- 7 evant offices of the National Oceanic and Atmos- 8 pheric Administration, relevant interagency 9 councils, and relevant nongovernmental organi- 10 zations, issue standards for the monitoring, col- 11 lection, and reporting under subsection (d)(2) of 12 data regarding the performance of living shore- 13 line projects for which grants are awarded under 14 this section. 15 (B) REPORTING.—The standards issued 16 under subparagraph (A) shall require an eligible 17 entity receiving a grant under this section to re- 18 port the data described in that subparagraph to 19 the Administrator on a regular basis. 20 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 21 authorized to be appropriated $50,000,000 to the Adminis- 22 trator for each of fiscal years 2020 through 2025 for pur- 23 poses of carrying out this section. 24 (h) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 3115 RH (1) ADMINISTRATOR.—The term ‘‘Adminis- 1 trator’’ means the Administrator of the National Oce- 2 anic and Atmospheric Administration. 3 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 4 ty’’ means any of the following: 5 (A) A unit of a State or local government. 6 (B) An organization described in section 7 501(c)(3) of the Internal Revenue Code of 1986 8 that is exempt from taxation under section 9 501(a) of such Code. 10 (C) An Indian Tribe (as defined in section 11 4 of the Indian Self-Determination and Edu- 12 cation Assistance Act (25 U.S.C. 5304)). 13 (3) LIVING SHORELINE PROJECT.—The term 14 ‘‘living shoreline project’’— 15 (A) means a project that— 16 (i) restores or stabilizes a shoreline, in- 17 cluding marshes, wetlands, and other vege- 18 tated areas that are part of the shoreline 19 ecosystem, by using natural materials and 20 systems to create buffers to attenuate the 21 impact of coastal storms, currents, flooding, 22 and wave energy and to prevent or mini- 23 mize shoreline erosion while supporting 24 coastal ecosystems and habitats; 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 3115 RH (ii) incorporates as many natural ele- 1 ments as possible, such as native wetlands, 2 submerged aquatic plants, oyster shells, na- 3 tive grasses, shrubs, or trees; 4 (iii) utilizes techniques that incor- 5 porate ecological and coastal engineering 6 principles in shoreline stabilization; and 7 (iv) to the extent possible, [Text truncated for display. 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