OCEAN Act of 2020

II 116TH CONGRESS 2D SESSION S. 5056 To require the Administrator of the National Oceanic and Atmospheric Ad- ministration 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 SENATE OF THE UNITED STATES DECEMBER 17, 2020 Mr. MERKLEY introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:22 Jan 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5056.IS S5056 kjohnson on DSK79L0C42PROD with BILLS 2 •S 5056 IS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Ocean Climate Emergency Action Now Act of 2020’’ or 3 the ‘‘OCEAN Act of 2020’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: 6 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—MARINE AND COASTAL 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 coastal blue carbon ecosystems. Sec. 106. Interagency working group. Sec. 107. Coastal carbon areas of significance. Sec. 108. Smithsonian Institution blue carbon activities. Sec. 109. Authorization of appropriations. Sec. 110. Definitions. TITLE II—CLIMATE-READY FISHERIES AND BUY AMERICAN SEAFOOD Sec. 201. Sense of Congress. Sec. 202. Caught in the USA. Sec. 203. Eliminate fish subsidies in trade agreements. Sec. 204. Climate and fisheries research and management program. Sec. 205. Climate-ready fisheries innovation program. Sec. 206. Shifting Stocks Task Force. Sec. 207. Essential fish habitat consultation. Sec. 208. Ocean Aquaculture Research and Policy Program. TITLE III—COASTAL ZONE MANAGEMENT ACT AMENDMENTS Sec. 301. Grants to further achievement of Tribal coastal zone objectives. Sec. 302. Eligibility of District of Columbia for Federal funding under the Coastal Zone Management Act of 1972. Sec. 303. Coastal and Estuarine Land Conservation Program. Sec. 304. Coastal Zone Management Fund. Sec. 305. Authorization of appropriations. Sec. 306. Amendments to National Estuarine Research Reserve System pro- gram. TITLE IV—COASTAL RESILIENCY AND ADAPTATION Sec. 401. Living Shoreline Grant Program. VerDate Sep 11 2014 01:22 Jan 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S5056.IS S5056 kjohnson on DSK79L0C42PROD with BILLS 3 •S 5056 IS Sec. 402. National Oceanic and Atmospheric Administration coastal resilience research grants. Sec. 403. Grants for recovering oysters. Sec. 404. Improvements to the National Oceans and Coastal Security Act. Sec. 405. Restoration grants for coastlines and fisheries. Sec. 406. Strategic Climate Change Relocation Initiative and Program. TITLE V—OCEAN HEALTH: OCEAN ACIDIFICATION AND HARMFUL ALGAL BLOOMS Subtitle A—Coastal Communities Ocean Acidification Sec. 501. State and United States defined. Sec. 502. Coastal community vulnerability assessment. Subtitle B—Ocean Acidification Prize Competitions Sec. 511. Prize competitions. Subtitle C—Coastal and Ocean Acidification Stressors and Threats Research Sec. 521. Purposes. Sec. 522. Definitions. Sec. 523. Interagency working group. Sec. 524. Strategic research plan. Sec. 525. National Oceanic and Atmospheric Administration ocean acidification activities. Sec. 526. National Science Foundation ocean acidification activities. Sec. 527. National Aeronautics and Space Administration ocean acidification activities. Sec. 528. Authorization of appropriations. Subtitle D—South Florida Clean Coastal Waters Sec. 531. South Florida harmful algal blooms and hypoxia assessment and ac- tion plan. Subtitle E—Protecting Local Communities From Harmful Algal Blooms Sec. 541. Algal blooms. Subtitle F—Harmful Algal Bloom Essential Forecasting Sec. 551. Designating certain harmful algal bloom services as excepted services under the Anti-Deficiency Act. Sec. 552. Centers of Excellence in Harmful Algal Bloom Research, Prevention, Response, and Mitigation. TITLE VI—NATIONAL OCEAN POLICY, DATA, AND COORDINATED WEBSITE FOR GRANT PROGRAMS Subtitle A—Regional Ocean Partnerships Sec. 601. Findings; sense of Congress; purposes. Sec. 602. Regional Ocean Partnerships. Subtitle B—Data and Scientific Coordination VerDate Sep 11 2014 01:22 Jan 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S5056.IS S5056 kjohnson on DSK79L0C42PROD with BILLS 4 •S 5056 IS Sec. 611. Increased coordination among agencies with respect to data and mon- itoring. Sec. 612. Interagency Ocean Exploration Committee. Sec. 613. Committee on Ocean Policy. Sec. 614. Building data sources. Sec. 615. National sea level rise risk analysis. Subtitle C—Integrated Coastal and Ocean Observation System Sec. 621. Staggered terms for National Integrated Coastal and Ocean Observa- tion System Advisory Committee. Sec. 622. Integrated coastal and ocean observation system cooperative agree- ments. Sec. 623. Reauthorization of Integrated Coastal and Ocean Observation System Act of 2009. Sec. 624. Advanced Research Projects Agency–Oceans. Subtitle D—Centralized Website for Resiliency Grants Sec. 631. Centralized website for resiliency grants. TITLE VII—COASTAL WETLANDS Sec. 701. Definitions. Sec. 702. Coastal and Estuary Resilience Grant Program. Sec. 703. Data collection. Sec. 704. Outreach and technical assistance. Sec. 705. Annual restoration and funding. Sec. 706. Prevailing wage requirement. Sec. 707. Department of the Interior coastal wetland restoration; funding. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Administrator of the National 4 Oceanic and Atmospheric Administration. 5 (2) EXCLUSIVE ECONOMIC ZONE.—The term 6 ‘‘exclusive economic zone’’ means the zone estab- 7 lished by Presidential Proclamation Number 5030, 8 dated March 10, 1983 (16 U.S.C. 1453 note; relat- 9 ing to the exclusive economic zone of the United 10 States of America). 11 VerDate Sep 11 2014 01:22 Jan 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5056.IS S5056 kjohnson on DSK79L0C42PROD with BILLS 5 •S 5056 IS (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 1 has the meaning given such term in section 4 of the 2 Indian Self-Determination and Education Assistance 3 Act (25 U.S.C. 5304). 4 (4) INSTITUTION OF HIGHER EDUCATION.—The 5 term ‘‘institution of higher education’’ has the 6 meaning given such term in section 101(a) of the 7 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 8 (5) NATIONAL ACADEMIES.—The term ‘‘Na- 9 tional Academies’’ means the National Academies of 10 Sciences, Engineering, and Medicine. 11 (6) RESTORATIVE OCEAN AQUACULTURE.—The 12 term ‘‘restorative ocean aquaculture’’ means ocean 13 and coastal propagation of seaweed or shellfish 14 farming that generates positive ecological and social 15 impact. 16 (7) STATE.—The term ‘‘State’’ means each of 17 the several States, the District of Columbia, and the 18 United States Territories of American Samoa, the 19 Commonwealth of the Northern Mariana Islands, 20 Guam, Puerto Rico, and the United States Virgin 21 Islands. 22 (8) UNITED STATES.—The term ‘‘United 23 States’’ means the States, collectively. 24 VerDate Sep 11 2014 01:22 Jan 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5056.IS S5056 kjohnson on DSK79L0C42PROD with BILLS 6 •S 5056 IS TITLE I—MARINE AND COASTAL 1 BLUE CARBON 2 SEC. 101. BLUE CARBON PROGRAM. 3 (a) ESTABLISHMENT.—The Administrator shall es- 4 tablish and maintain a program, to be known as the ‘‘Blue 5 Carbon Program’’, within the National Oceanic and At- 6 mospheric Administration for the purposes of furthering 7 conservation objectives for fish and wildlife habitat con- 8 servation and restoration and coastal resilience including 9 the development of ways to incorporate ecosystem services 10 from carbon storage into existing domestic and inter- 11 national policies, programs, and activities. 12 (b) ADDITIONAL AUTHORITY.—In conducting the 13 Program, the Administrator may enter into and perform 14 such contracts, leases, grants, or cooperative agreements 15 as may be necessary to carry out the purposes of this title 16 on such terms as Administrator considers appropriate. 17 (c) CONSULTATION.—The Administrator shall coordi- 18 nate activities carried out under this section with the As- 19 sistant Administrator of the National Marine Fisheries 20 Service and the Assistant Administrator of the National 21 Ocean Service. 22 (d) ACTIVITIES.—The Administrator shall lead the 23 development and coordination of the strategic plan de- 24 VerDate Sep 11 2014 01:22 Jan 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5056.IS S5056 kjohnson on DSK79L0C42PROD with BILLS 7 •S 5056 IS scribed in section 106(e) and conduct the following activi- 1 ties: 2 (1) Collaborate with Federal agencies, the inter- 3 agency working group, State agencies, Indian 4 Tribes, and non-governmental organizations on re- 5 search, restoration, and protection efforts relating to 6 blue carbon ecosystems. 7 (2) Develop a database of blue carbon stocks 8 and fluxes in the United States. 9 (3) Assist in exploration of the potential for a 10 market for carbon credits for restoration initiatives, 11 including research and development of protocols. 12 (4) Raise awareness of blue carbon ecosystems 13 as a tool to further conservation objectives through 14 education and extension activities. 15 (5) Use existing models or develop new models 16 to assess blue carbon storage potential that include 17 quantification, verifiability, additionality as com- 18 pared to a historical baseline, and permanence of 19 those benefits. 20 (6) Quantify current total and net ecosystem 21 carbon storage in coastal and marine areas. 22 (7) Project future total and net ecosystem car- 23 bon storage under different scenarios influenced by 24 VerDate Sep 11 2014 01:22 Jan 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5056.IS S5056 kjohnson on DSK79L0C42PROD with BILLS 8 •S 5056 IS human population growth, sea level rise, and other 1 system-wide changes. 2 (8) Develop and use protocols for inclusion of 3 blue carbon projects in carbon markets. 4 (9) Protect and restore habitats, waters, and 5 organisms that are long-term carbon sinks or will be 6 subject to habitat change as a result of climate 7 change and development. 8 (10) Provide staff and technical expertise to the 9 interagency working group. 10 (11) Quantify co-benefits, including flood risk 11 reduction, habitat restoration for endangered and 12 threatened species, maintenance of biodiversity, 13 water quality improvements, habitat maintenance 14 and creation, cycling of nutrients other than carbon, 15 and commercial and recreational fishing and boating 16 benefits. 17 (12) Assess regional and national ecosystem 18 and socioeconomic impacts of carbon sequestration 19 and storage. 20 (13) Research variability, long-term storage, 21 and innovative techniques for effective, long-term, 22 natural ocean or coastal ecosystem-based carbon se- 23 questration. 24 (14) Identify blue carbon hot spots. 25 VerDate Sep 11 2014 01:22 Jan 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5056.IS S5056 kjohnson on DSK79L0C42PROD with BILLS 9 •S 5056 IS (15) Assess legal issues of landownership in 1 blue carbon markets, and develop guidelines to help 2 landowners navigate the requirements of such mar- 3 kets. 4 SEC. 102. NATIONAL MAP OF COASTAL AND MARINE BLUE 5 CARBON ECOSYSTEMS. 6 (a) NATIONAL MAP.—The Administrator, in con- 7 sultation with the interagency working group, shall— 8 (1) produce, update every 3 years, and main- 9 tain a national map and inventory of coastal blue 10 carbon ecosystems including— 11 (A) with respect to each such ecosystem— 12 (i) the species and types of habitat in 13 the ecosystem; 14 (ii) the condition of such habitats in- 15 cluding whether a habitat is degraded, 16 drained, eutrophic, or tidally restricted; 17 (iii) type of public or private owner- 18 ship and any protected status; 19 (iv) the size of the ecosystem; 20 (v) the salinity boundaries of the eco- 21 system; 22 (vi) the tidal boundaries of the eco- 23 system; 24 VerDate Sep 11 2014 01:22 Jan 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5056.IS S5056 kjohnson on DSK79L0C42PROD with BILLS 10 •S 5056 IS (vii) an assessment of carbon seques- 1 tration potential, methane production, and 2 net greenhouse gas effects of the eco- 3 system, including consideration of— 4 (I) quantification; 5 (II) verifiability; 6 (III) additionality, as compared 7 to a historical baseline; and 8 (IV) permanence of those bene- 9 fits; 10 (viii) an assessment of the ecosystem 11 co-benefits, such as fish habitat for com- 12 mercial, recreational, and Tribal fisheries, 13 flood risk reduction, wave stress, storm 14 protection, shoreline stabilization, public 15 access, water and air pollution filtration, 16 contributions to traditional and cultural 17 practices, and recreational use and benefits 18 of the ecosystem; 19 (ix) the potential for landward migra- 20 tion of the ecosystem as a result of sea 21 level rise; 22 (x) any upstream restrictions detri- 23 mental to the watershed process and condi- 24 tions, including dams, dikes, and levees; 25 VerDate Sep 11 2014 01:22 Jan 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5056.IS S5056 kjohnson on DSK79L0C42PROD with BILLS 11 •S 5056 IS (xi) any upstream pollution sources 1 that threaten the health of the ecosystem; 2 (xii) proximity to aquaculture uses or 3 lease areas; and 4 (xiii) a depiction of the effects of 5 human stressors, including the conversion 6 of coastal blue carbon ecosystems to other 7 land uses and the cause of such conver- 8 sion; and 9 (B) a depiction of the effects of cl [Text truncated for display. 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