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Union Calendar No. 237
116TH CONGRESS
1ST SESSION H. R. 3541
[Report No. 116–294]
To amend the Coastal Zone Management Act of 1972 to require the Secretary
of Commerce to establish a coastal climate change adaptation prepared-
ness and response program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2019
Mr. CARBAJAL (for himself, Mr. FITZPATRICK, and Mr. ROONEY of Florida)
introduced the following bill; which was referred to the Committee on
Natural Resources
NOVEMBER 15, 2019
Additional sponsors: Mr. SABLAN, Mrs. NAPOLITANO, Mr. HASTINGS, Mr.
VAN DREW, Ms. ROYBAL-ALLARD, Ms. BROWNLEY of California, and Mr. KIM
NOVEMBER 15, 2019
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
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•HR 3541 RH
A BILL
To amend the Coastal Zone Management Act of 1972 to
require the Secretary of Commerce to establish a coastal
climate change adaptation preparedness and response
program, and for other purposes.
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•HR 3541 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 ‘‘Coastal State Climate
4
Preparedness Act of 2019’’.
5
SEC. 2. CLIMATE CHANGE PREPAREDNESS IN THE COAST-
6
AL ZONE.
7
(a) IN GENERAL.—The Coastal Zone Management
8
Act of 1972 (16 U.S.C. 1451 et seq.) is amended by add-
9
ing at the end the following:
10
‘‘CLIMATE CHANGE ADAPTATION PREPAREDNESS AND
11
RESPONSE PROGRAM
12
‘‘SEC. 320. (a) IN GENERAL.—The Secretary shall
13
establish, consistent with the national policies set forth in
14
section 303, a coastal climate change adaptation prepared-
15
ness and response program to—
16
‘‘(1) provide assistance to coastal States to vol-
17
untarily develop coastal climate change adaptation
18
plans, pursuant to approved management programs
19
approved under section 306, to minimize contribu-
20
tions to climate change and to prepare for and re-
21
duce the negative consequences that may result from
22
climate change in the coastal zone; and
23
‘‘(2) provide financial and technical assistance
24
and training to enable coastal States to implement
25
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plans developed pursuant to this section through
1
coastal States’ enforceable policies.
2
‘‘(b) COASTAL
CLIMATE
CHANGE
ADAPTATION
3
PLANNING AND PREPAREDNESS GRANTS.—
4
‘‘(1) IN GENERAL.—The Secretary, subject to
5
the availability of appropriations, may make a grant
6
to any coastal State for the purpose of developing
7
climate change adaptation plans pursuant to guide-
8
lines issued by the Secretary under paragraph (8).
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‘‘(2) PLAN CONTENT.—A plan developed with a
10
grant under this subsection shall include the fol-
11
lowing:
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‘‘(A) Identification of public facilities and
13
public services, working waterfronts, coastal re-
14
sources of national significance, coastal waters,
15
energy facilities, or other land and water uses
16
located in the coastal zone that are likely to be
17
impacted by climate change.
18
‘‘(B) Adaptive management strategies for
19
land use to respond or adapt to changing envi-
20
ronmental conditions, including strategies to
21
protect biodiversity, protect water quality, and
22
establish habitat buffer zones, migration cor-
23
ridors, and climate refugia.
24
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‘‘(C) Adaptive management strategies for
1
ocean-based ecosystems and resources, includ-
2
ing strategies to plan for and respond to geo-
3
graphic or temporal shifts in marine resources,
4
to create protected areas that will provide cli-
5
mate refugia, and to maintain and restore
6
ocean ecosystem function.
7
‘‘(D) Requirements to initiate and main-
8
tain long-term monitoring of environmental
9
change to assess coastal zone adaptation and to
10
adjust when necessary adaptive management
11
strategies and new planning guidelines to attain
12
the policies under section 303.
13
‘‘(E) Other information considered nec-
14
essary by the Secretary to identify the full
15
range of climate change impacts affecting coast-
16
al communities.
17
‘‘(3) STATE
HAZARD
MITIGATION
PLANS.—
18
Plans developed with a grant under this subsection
19
shall be consistent with State hazard mitigation
20
plans and natural disaster response and recovery
21
programs developed under State or Federal law.
22
‘‘(4) ALLOCATION.—Grants under this sub-
23
section shall be available only to coastal States with
24
management programs approved by the Secretary
25
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under section 306 and shall be allocated among such
1
coastal States in a manner consistent with regula-
2
tions promulgated pursuant to section 306(c).
3
‘‘(5) PRIORITY.—In the awarding of grants
4
under this subsection, the Secretary may give pri-
5
ority to any coastal State that has received grant
6
funding to develop program changes pursuant to
7
paragraphs (1), (2), (3), (5), (6), (7), and (8) of sec-
8
tion 309(a).
9
‘‘(6) TECHNICAL ASSISTANCE.—The Secretary
10
may provide technical assistance to a coastal State
11
consistent with section 310 to ensure the timely de-
12
velopment of plans supported by grants awarded
13
under this subsection.
14
‘‘(7) FEDERAL APPROVAL.—In order to be eligi-
15
ble for a grant under subsection (c), a coastal State
16
must have its plan developed under this subsection
17
approved by the Secretary.
18
‘‘(8) GUIDELINES.—Within 180 days after the
19
date of enactment of this section, the Secretary, in
20
consultation with the coastal States, shall issue
21
guidelines for the implementation of the grant pro-
22
gram established under this subsection.
23
‘‘(c) COASTAL
CLIMATE
CHANGE
ADAPTATION
24
PROJECT IMPLEMENTATION GRANTS.—
25
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‘‘(1) IN GENERAL.—The Secretary, subject to
1
the availability of appropriations, may make grants
2
to any coastal State that has a climate change adap-
3
tation plan approved under subsection (b)(7), in
4
order to support projects that implement strategies
5
contained within such plans.
6
‘‘(2) PROGRAM
REQUIREMENTS.—The Sec-
7
retary, within 90 days after approval of the first
8
plan approved under subsection (b)(7), shall publish
9
in the Federal Register requirements regarding ap-
10
plications, allocations, eligible activities, and all
11
terms and conditions for grants awarded under this
12
subsection. No less than 30 percent, and no more
13
than 50 percent, of the funds appropriated in any
14
fiscal year for grants under this subsection shall be
15
awarded through a merit-based competitive process.
16
‘‘(3) ELIGIBLE
ACTIVITIES.—The Secretary
17
may award grants to coastal States to implement
18
projects in the coastal zone to address stress factors
19
in order to improve coastal climate change adapta-
20
tion, including the following:
21
‘‘(A) Activities to address physical disturb-
22
ances within the coastal zone, especially activi-
23
ties related to public facilities and public serv-
24
ices, tourism, sedimentation, ocean acidification,
25
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and other factors negatively impacting coastal
1
waters.
2
‘‘(B) Monitoring, control, or eradication of
3
disease organisms and invasive species.
4
‘‘(C) Activities to address the loss, deg-
5
radation, or fragmentation of wildlife habitat
6
through projects to establish or protect marine
7
and terrestrial habitat buffers, wildlife refugia,
8
other wildlife refuges, or networks thereof, pres-
9
ervation of migratory wildlife corridors and
10
other transition zones, and restoration of fish
11
and wildlife habitat.
12
‘‘(D) Projects to reduce, mitigate, or other-
13
wise address likely impacts caused by natural
14
hazards in the coastal zone, including sea level
15
rise, coastal inundation, storm water manage-
16
ment, coastal erosion and subsidence, severe
17
weather
events
such
as
cyclonic
storms,
18
tsunamis and other seismic threats, and fluc-
19
tuating Great Lakes water levels. The Secretary
20
shall give priority to projects that utilize green
21
infrastructure solutions.
22
‘‘(E) Projects to adapt existing infrastruc-
23
ture, including enhancements to both built and
24
natural environments.
25
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‘‘(F) Provision of technical training and
1
assistance to local coastal policy makers to in-
2
crease awareness of science, management, and
3
technology
information
related
to
climate
4
change and adaptation strategies.
5
‘‘(4) PROMOTION AND USE OF NATIONAL ESTU-
6
ARINE RESEARCH RESERVES.—The Secretary shall
7
promote and encourage the use of National Estua-
8
rine Research Reserves as sites for pilot or dem-
9
onstration projects carried out with grants awarded
10
under this section.’’.
11
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
12
318(a) of the Coastal Zone Management Act of 1972 (16
13
U.S.C. 1464(a)) is amended—
14
(1) by striking ‘‘and’’ after the semicolon at the
15
end of paragraph (1);
16
(2) by striking the period at the end of para-
17
graph (2) and inserting ‘‘; and’’; and
18
(3) by adding at the end the following:
19
‘‘(3) for grants under section 320, such sums
20
as are necessary.’’.
21
(c) INTENT OF CONGRESS.—Nothing in this section
22
shall be construed to require any coastal State to amend
23
or modify its approved management program pursuant to
24
section 306(e) of the Coastal Zone Management Act of
25
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1972 (16 U.S.C. 1455(e)) or to extend the enforceable
1
policies of a coastal State beyond the coastal zone as iden-
2
tified in the coastal State’s approved management pro-
3
gram.
4
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Union Calendar No. 237
116TH CONGRESS
1ST SESSION
H. R. 3541
[Report No. 116–294]
A BILL
To amend the Coastal Zone Management Act of
1972 to require the Secretary of Commerce to es-
tablish a coastal climate change adaptation pre-
paredness and response program, and for other
purposes.
NOVEMBER 15, 2019
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
VerDate Sep 11 2014
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