Living Shorelines Act of 2020

II Calendar No. 631 116TH CONGRESS 2D SESSION S. 1730 [Report No. 116–327] 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 SENATE OF THE UNITED STATES JUNE 5, 2019 Ms. HARRIS (for herself, Mr. MURPHY, Mr. BLUMENTHAL, Mr. MENENDEZ, Mr. WYDEN, Mr. BOOKER, Mr. MERKLEY, Mrs. FEINSTEIN, Mr. CAR- PER, Mr. MARKEY, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation DECEMBER 15, 2020 Reported by Mr. WICKER, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] 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 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1730 RS ecosystem functions and habitats with the use of natural materials and systems, and for 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 ‘‘Living Shorelines Act 4 of 2019’’. 5 SEC. 2. LIVING SHORELINE GRANT PROGRAM. 6 (a) ESTABLISHMENT.—The Administrator shall 7 make 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 15 a 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 24 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1730 RS provide evidence demonstrating general support from 1 such agencies. 2 (c) PROJECT SELECTION.— 3 (1) DEVELOPMENT OF CRITERIA.—The Admin- 4 istrator shall select eligible entities to receive grants 5 under this section based on criteria developed by the 6 Administrator, in consultation with relevant offices 7 of the National Oceanic and Atmospheric Adminis- 8 tration, such as the Office of Habitat Conservation, 9 the Office for Coastal Management, and the Res- 10 toration Center. 11 (2) CONSIDERATIONS.—In developing criteria 12 under paragraph (1) to evaluate a proposed living 13 shoreline project, the Administrator shall take into 14 account— 15 (A) the potential of the project to protect 16 the community and maintain the viability of the 17 environment, such as through protection of eco- 18 system functions, environmental benefits, or 19 habitat types, in the area where the project is 20 to 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 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1730 RS (C) the ecological benefits of the project; 1 and 2 (D) the ability of the entity proposing the 3 project to demonstrate the potential of the 4 project to protect the coastal community where 5 the project is to be carried out, including 6 through— 7 (i) mitigating the effects of erosion; 8 (ii) attenuating the impact of coastal 9 storms and storm surge; 10 (iii) mitigating shoreline flooding; 11 (iv) mitigating the effects of sea level 12 rise and extreme tides; 13 (v) sustaining, protecting, or restoring 14 the functions and habitats of coastal eco- 15 systems; or 16 (vi) such other forms of coastal pro- 17 tection as the Administrator considers ap- 18 propriate. 19 (3) PRIORITY.—In selecting living shoreline 20 projects to receive grants under this section, the Ad- 21 ministrator shall give priority consideration to a pro- 22 posed project to be conducted in an area— 23 (A) for which the President has declared, 24 during the 10-year period preceding the submis- 25 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1730 RS sion of the proposal for the project under sub- 1 section (b), that a major disaster exists pursu- 2 ant to section 401 of the Robert T. Stafford 3 Disaster Relief and Emergency Assistance Act 4 (42 U.S.C. 5170) because of a hurricane, trop- 5 ical storm, coastal storm, or flooding; or 6 (B) that has a documented history of 7 coastal erosion or frequent coastal inundation 8 during that 10-year period. 9 (4) MINIMUM STANDARDS.— 10 (A) IN GENERAL.—The Administrator 11 shall develop minimum standards to be used in 12 selecting eligible entities to receive grants under 13 this section, taking into account— 14 (i) the considerations described in 15 paragraph (2); and 16 (ii) the need for such standards to be 17 general enough to accommodate concerns 18 relating to specific project sites. 19 (B) CONSULTATIONS.—in developing 20 standards under subparagraph (A), the Admin- 21 istrator— 22 (i) shall consult with relevant offices 23 of the National Oceanic and Atmospheric 24 Administration, such as the Office of Habi- 25 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1730 RS tat Conservation, the Office for Coastal 1 Management, and the Restoration Center; 2 and 3 (ii) may consult with— 4 (I) relevant interagency councils, 5 such as the Estuary Habitat Restora- 6 tion Council; 7 (II) State coastal management 8 agencies; and 9 (III) relevant nongovernmental 10 organizations. 11 (d) USE OF FUNDS.—A grant awarded under this 12 section to an eligible entity to carry out a living shoreline 13 project may be used by the eligible entity only— 14 (1) to carry out the project, including adminis- 15 tration, design, permitting, entry into negotiated in- 16 direct cost rate agreements, and construction; and 17 (2) to monitor, collect, and report data on the 18 performance (including performance over time) of 19 the project, in accordance with standards issued by 20 the Administrator under subsection (f)(2). 21 (e) COST-SHARING.— 22 (1) IN GENERAL.—Except as provided in para- 23 graph (2), an eligible entity that receives a grant 24 under this section to carry out a living shoreline 25 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1730 RS project shall provide, from non-Federal sources, 1 funds or other resources (such as land or conserva- 2 tion easements or in-kind matching from private en- 3 tities) valued at not less than 50 percent of the total 4 cost, including administrative costs, of the project. 5 (2) REDUCED MATCHING REQUIREMENT FOR 6 CERTAIN COMMUNITIES.—The Administrator may 7 reduce or waive the matching requirement under 8 paragraph (1) for an eligible entity representing a 9 community or nonprofit organization if— 10 (A) the eligible entity submits to the Ad- 11 ministrator in writing— 12 (i) a request for such a reduction and 13 the amount of the reduction; and 14 (ii) a justification for why the entity 15 cannot meet the matching requirement; 16 and 17 (B) the Administrator agrees with the jus- 18 tification. 19 (f) MONITORING AND REPORTING.— 20 (1) IN GENERAL.—The Administrator shall re- 21 quire each eligible entity receiving a grant under this 22 section (or a representative of the entity) to carry 23 out a living shoreline project— 24 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1730 RS (A) to transmit to the Administrator data 1 collected under the project; 2 (B) to monitor the project and to collect 3 data on— 4 (i) the ecological benefits of the 5 project and the protection provided by the 6 project for the coastal community where 7 the project is carried out, including 8 through— 9 (I) mitigating the effects of ero- 10 sion; 11 (II) attenuating the impact of 12 coastal storms and storm surge; 13 (III) mitigating shoreline flood- 14 ing; 15 (IV) mitigating the effects of sea 16 level rise and extreme tides; 17 (V) sustaining, protecting, or re- 18 storing the functions and habitats of 19 coastal ecosystems; or 20 (VI) such other forms of coastal 21 protection as the Administrator con- 22 siders appropriate; and 23 (ii) the performance of the project in 24 providing such protection; 25 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1730 RS (C) to make data collected under the 1 project available on a publicly accessible inter- 2 net website of the National Oceanic and Atmos- 3 pheric Administration; and 4 (D) not later than one year after the entity 5 receives the grant, and annually thereafter until 6 the completion of the project, to submit to the 7 Administrator a report on— 8 (i) the measures described in subpara- 9 graph (B); and 10 (ii) the effectiveness of the project in 11 increasing protection of the coastal com- 12 munity where the project is carried out 13 through living shorelines techniques, in- 14 cluding— 15 (I) a description of— 16 (aa) the project; 17 (bb) the activities carried 18 out under the project; and 19 (cc) the techniques and ma- 20 terials used in carrying out the 21 project; and 22 (II) data on the performance of 23 the project in providing protection to 24 that coastal community. 25 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1730 RS (2) GUIDELINES.—In developing guidelines re- 1 lating to paragraph (1)(C), the Administrator shall 2 consider how additional data could safely be col- 3 lected before and after major disasters or severe 4 weather events to measure project performance and 5 project recovery. 6 (3) STANDARDS.— 7 (A) IN GENERAL.—Not later than 90 days 8 after the date of the enactment of this Act, the 9 Administrator shall, in consultation with rel- 10 evant offices of the National Oceanic and At- 11 mospheric Administration, relevant interagency 12 councils, and relevant nongovernmental organi- 13 zations, issue standards for the monitoring, col- 14 lection, and reporting under subsection (d)(2) 15 of data regarding the performance of living 16 shoreline projects for which grants are awarded 17 under this section. 18 (B) REPORTING.—The standards issued 19 under subparagraph (A) shall require an eligi- 20 ble entity receiving a grant under this section 21 to report the data described in that subpara- 22 graph to the Administrator on a regular basis. 23 (g) AUTHORIZATION OF APPROPRIATIONS.—There 24 are authorized to be appropriated $50,000,000 to the Ad- 25 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1730 RS ministrator for each of fiscal years 2020 through 2025 1 for purposes of carrying out this section. 2 (h) DEFINITIONS.—In this section: 3 (1) ADMINISTRATOR.—The term ‘‘Adminis- 4 trator’’ means the Administrator of the National 5 Oceanic and Atmospheric Administration. 6 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 7 ty’’ means any of the following: 8 (A) A unit of a State or local government. 9 (B) An organization described in section 10 501(c)(3) of the Internal Revenue Code of 1986 11 that is exempt from taxation under section 12 501(a) of such Code. 13 (C) An Indian Tribe (as defined in section 14 4 of the Indian Self-Determination and Edu- 15 cation Assistance Act (25 U.S.C. 5304)). 16 (3) LIVING SHORELINE PROJECT.—The term 17 ‘‘living shoreline project’’— 18 (A) means a project that— 19 (i) restores or stabilizes a shoreline, 20 including marshes, wetlands, and other 21 vegetated areas that are part of the shore- 22 line ecosystem, by using natural materials 23 and systems to create buffers to attenuate 24 the impact of coastal storms, currents, 25 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1730 RS flooding, and wave energy and to prevent 1 or minimize shoreline erosion while sup- 2 porting coastal ecosystems and habitats; 3 (ii) incorporates as many natural ele- 4 ments as possible, such as native wetlands, 5 submerged aquatic plants, oyster shells, 6 native grasses, shrubs, or trees; 7 (iii) utilizes techniques that incor- 8 porate ecological and coastal engineering 9 principles in shoreline stabilization; and 10 (iv) to the extent possible, maintains 11 or restores existing natural slopes and con- 12 nections between uplands and adjacent 13 wetlands or surface waters; 14 (B) may include the use of— 15 (i) natural elements, such as sand, 16 wetland plants, logs, oysters or other shell- 17 fish, submerged aquatic vegetation, native 18 grasses, shrubs, trees, or coir fiber logs; 19 (ii) project elements that provide eco- 20 logical benefits to coastal ecosystems and 21 habitats in addition to shoreline protection; 22 and 23 (iii) structural materials, such as 24 stone, concrete, wood, vinyl, oyster domes, 25 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S1730.RS S1730 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 1730 RS or other approved engineered structures in 1 combination with natural materials; and 2 (C) may include a project that expands 3 upon or restores natural living shorelines or ex- 4 isting living shore [Text truncated for display. Full text available on Congress.gov.]