Coastal Communities Ocean Acidification Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1808 To amend the Federal Ocean Acidification Research And Monitoring Act of 2009 to require the Secretary of Commerce, acting through the Admin- istrator of the National Oceanic and Atmospheric Administration, to collaborate with State and local governments and Indian Tribes on vul- nerability assessments related to ocean acidification, research planning, and similar activities, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 6, 2023 Ms. MURKOWSKI (for herself, Mr. WHITEHOUSE, Ms. COLLINS, Mr. PETERS, Mr. SULLIVAN, Mr. KING, Mr. MARKEY, Mr. BLUMENTHAL, and Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Federal Ocean Acidification Research And Monitoring Act of 2009 to require the Secretary of Com- merce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to collaborate with State and local governments and Indian Tribes on vulnerability assessments related to ocean acidification, research planning, and similar activities, 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 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1808 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Coastal Communities 2 Ocean Acidification Act of 2023’’. 3 SEC. 2. DEFINITIONS. 4 Section 12403 of the Federal Ocean Acidification Re- 5 search And Monitoring Act of 2009 (33 U.S.C. 3702) is 6 amended— 7 (1) by striking paragraph (4); 8 (2) by redesignating paragraphs (2), (3), and 9 (5) as paragraphs (4), (5), and (6) respectively; 10 (3) by inserting after paragraph (1) the fol- 11 lowing: 12 ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ 13 has the meaning given the term in section 4 of the 14 Indian Self-Determination and Education Assistance 15 Act (25 U.S.C. 5304). 16 ‘‘(3) NATIVE HAWAIIAN ORGANIZATION.—The 17 term ‘Native Hawaiian organization’ has the mean- 18 ing given that term in section 3 of the NATIVE Act 19 (25 U.S.C. 4352).’’; 20 (4) in paragraph (4), as redesignated by para- 21 graph (2), by inserting ‘‘an increase of’’ before ‘‘car- 22 bon dioxide’’; and 23 (5) by adding at the end the following: 24 ‘‘(7) SUBCOMMITTEE.—The term ‘Sub- 25 committee’ means the National Science and Tech- 26 VerDate Sep 11 2014 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1808 IS nology Council Subcommittee on Ocean Science and 1 Technology. 2 ‘‘(8) UNITED STATES.—The term ‘United 3 States’ means the States, collectively.’’. 4 SEC. 3. IMPROVEMENT OF COLLABORATION ON OCEAN 5 ACIDIFICATION. 6 (a) ONGOING INPUT MECHANISM.—Section 7 12404(c)(2) of the Federal Ocean Acidification Research 8 And Monitoring Act of 2009 (33 U.S.C. 3703(c)(2)) is 9 amended— 10 (1) in subparagraph (B), by striking ‘‘; and’’ 11 and inserting a semicolon; 12 (2) in subparagraph (C), by striking the period 13 at the end and inserting ‘‘; and’’; and 14 (3) by adding at the end the following: 15 ‘‘(D) maintain or establish an ongoing 16 mechanism (such as a liaison or other contact 17 of the National Oceanic and Atmospheric Ad- 18 ministration, standing meetings, or an online 19 platform) to engage affected industry members, 20 coastal stakeholders, community acidification 21 networks, fishery management councils and 22 commissions, Indigenous groups, non-Federal 23 resource managers, and scientific experts not 24 employed by the Federal Government to provide 25 VerDate Sep 11 2014 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1808 IS input on research, data, and monitoring that is 1 necessary to support on-the-ground manage- 2 ment, decision making, and adaptation related 3 to ocean acidification and coastal acidification 4 and the impacts of ocean acidification and 5 coastal acidification.’’. 6 (b) ADVISORY BOARD MEMBERSHIP.—Section 7 12404(c)(3) of the Federal Ocean Acidification Research 8 And Monitoring Act of 2009 (33 U.S.C. 3703(c)(3)) is 9 amended— 10 (1) by redesignating subparagraphs (G) 11 through (Q) as subparagraphs (H) through (R), re- 12 spectively; 13 (2) by inserting after subparagraph (F) the fol- 14 lowing: 15 ‘‘(G) Two representatives from Indian 16 Tribes, Native Hawaiian organizations, Tribal 17 organizations, and Tribal consortia affected by 18 ocean acidification and coastal acidification.’’; 19 and 20 (3) in subparagraph (H), as redesignated by 21 paragraph (1), by striking ‘‘Six’’ and inserting 22 ‘‘Four’’. 23 (c) APPOINTMENT OF ADVISORY BOARD MEM- 24 BERS.—Section 12404(c)(4)(C) of the Federal Ocean 25 VerDate Sep 11 2014 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1808 IS Acidification Research And Monitoring Act of 2009 (33 1 U.S.C. 3703(c)(4)(C)) is amended by striking ‘‘State and 2 local’’ and inserting ‘‘State, local, and Indigenous’’. 3 (d) ENGAGEMENT AND COORDINATION WITH INDIAN 4 TRIBES.—Paragraph (9) of section 12404(c) of the Fed- 5 eral Ocean Acidification Research And Monitoring Act of 6 2009 (33 U.S.C. 3703(c)) is amended to read as follows: 7 ‘‘(9) ENGAGEMENT AND COORDINATION WITH 8 INDIAN TRIBES.— 9 ‘‘(A) POLICY REQUIRED.—Not later than 10 one year after the date on which the Advisory 11 Board is established, the Advisory Board shall 12 develop and commence maintaining a policy for 13 engagement and coordination with Indian 14 Tribes affected by ocean acidification and coast- 15 al acidification. 16 ‘‘(B) CONSULTATION.—In developing the 17 policy under subparagraph (A), the Advisory 18 Board shall consult with Indian Tribes affected 19 by ocean acidification and coastal acidifica- 20 tion.’’. 21 (e) COLLABORATION ON VULNERABILITY ASSESS- 22 MENTS, RESEARCH PLANNING, AND SIMILAR ACTIVI- 23 TIES.—Section 12404(e)(4)(A) of the Federal Ocean 24 VerDate Sep 11 2014 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1808 IS Acidification Research And Monitoring Act of 2009 (33 1 U.S.C. 3703(e)(4)(A)) is amended— 2 (1) by redesignating clauses (ix) and (x) as 3 clauses (x) and (xi), respectively; and 4 (2) by inserting after clause (viii) the following: 5 ‘‘(ix) identifies the efforts of the Sec- 6 retary to collaborate with State and local 7 governments, Indian Tribes, and Native 8 Hawaiian organizations on community vul- 9 nerability assessments, research planning, 10 and similar activities, pursuant to section 11 12406(e);’’. 12 (f) CONTENTS OF STRATEGIC RESEARCH PLAN.— 13 Section 12405(b) of the Federal Ocean Acidification Re- 14 search And Monitoring Act of 2009 (33 U.S.C. 3704(b)) 15 is amended— 16 (1) in paragraph (10), by striking ‘‘section 17 12404(c)(4)’’ and inserting ‘‘section 12404(e)(4)’’; 18 and 19 (2) in paragraph (11), by striking ‘‘potentially 20 affected industry members, coastal stakeholders, 21 fishery management councils and commissions, Trib- 22 al governments, non-Federal resource managers, and 23 scientific experts’’ and inserting ‘‘affected industry 24 members, coastal stakeholders, community acidifica- 25 VerDate Sep 11 2014 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1808 IS tion networks, fishery management councils and 1 commissions, Indigenous groups, non-Federal re- 2 source managers, and scientific experts not employed 3 by the Federal Government’’. 4 (g) IMPROVING COLLABORATION ON NOAA OCEAN 5 ACIDIFICATION ACTIVITIES.—Section 12406 of the Fed- 6 eral Ocean Acidification Research And Monitoring Act of 7 2009 (33 U.S.C. 3705) is amended— 8 (1) in subsection (a)— 9 (A) in paragraph (1)— 10 (i) in subparagraph (C), by striking 11 ‘‘maximize’’ and inserting ‘‘take into con- 12 sideration’’; 13 (ii) in subparagraph (D), by adding a 14 semicolon at the end; and 15 (iii) in subparagraph (F), by striking 16 ‘‘Tribal governments’’ and inserting ‘‘In- 17 dian Tribes, Native Hawaiian organiza- 18 tions’’; and 19 (B) in paragraph (4), by striking ‘‘industry 20 members, coastal stakeholders, fishery manage- 21 ment councils and commissions, non-Federal re- 22 source managers, community acidification net- 23 works, Indigenous knowledge groups, and sci- 24 entific experts’’ and inserting ‘‘affected industry 25 VerDate Sep 11 2014 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1808 IS members, coastal stakeholders, community 1 acidification networks, fishery management 2 councils and commissions, Indigenous groups, 3 non-Federal resource managers, and scientific 4 experts not employed by the Federal Govern- 5 ment’’; 6 (2) in subsection (c)— 7 (A) in paragraph (1), by striking ‘‘State, 8 local, and Tribal governments’’ and inserting 9 ‘‘State and local governments, Indian Tribes,’’; 10 and 11 (B) in paragraph (2)— 12 (i) in subparagraph (A), by striking ‘‘; 13 or’’ and inserting a semicolon; 14 (ii) by redesignating subparagraph 15 (B) as subparagraph (C); 16 (iii) by inserting after subparagraph 17 (A) the following: 18 ‘‘(B) on ocean acidification and coastal 19 acidification research, data, and monitoring 20 from affected industry members, coastal stake- 21 holders, community acidification networks, fish- 22 ery management councils and commissions, In- 23 digenous groups, non-Federal resource man- 24 VerDate Sep 11 2014 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1808 IS agers, and scientific experts not employed by 1 the Federal Government; or’’; and 2 (iv) in subparagraph (C), as redesig- 3 nated by clause (ii), by striking ‘‘State 4 governments, local governments, Tribal 5 governments’’ and inserting ‘‘State and 6 local governments, Indian Tribes’’; 7 (3) in subsection (d)(1)(C), by striking ‘‘Tribes 8 or Tribal governments’’ and inserting ‘‘Indian 9 Tribes, Native Hawaiian organizations, Tribal orga- 10 nizations, and Tribal consortia’’; and 11 (4) by adding at the end the following: 12 ‘‘(e) BETTER COLLABORATION ON VULNERABILITY 13 ASSESSMENTS, RESEARCH PLANNING, AND SIMILAR AC- 14 TIVITIES.— 15 ‘‘(1) IN GENERAL.—In carrying out the pro- 16 gram under subsection (a), and in support of vulner- 17 ability assessments transmitted under section 18 12404(e)(4) and recommendations included in the 19 strategic research plan described in section 20 12405(b)(10), the Secretary shall build upon exist- 21 ing activities and collaborate with State and local 22 governments and Indian Tribes that are conducting 23 or have completed vulnerability assessments, re- 24 search planning, climate action plans, or other simi- 25 VerDate Sep 11 2014 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1808 IS lar activities related to ocean acidification and coast- 1 al acidification and the impacts of ocean acidifica- 2 tion and coastal acidification on coastal commu- 3 nities, for the purpose of— 4 ‘‘(A) supporting collaborative interagency 5 relationships and information sharing at the 6 State, local, and Tribal levels; and 7 ‘‘(B) assisting State and local governments 8 and Indian Tribes in— 9 ‘‘(i) improving existing systems and 10 programs to better address ocean acidifica- 11 tion and coastal acidification; and 12 ‘‘(ii) identifying whether such activi- 13 ties can be used as a model for other com- 14 munities. 15 ‘‘(2) NATIVE HAWAIIAN ORGANIZATIONS, TRIB- 16 AL ORGANIZATIONS, AND TRIBAL CONSORTIA.—In 17 carrying out the program under subsection (a), and 18 in support of vulnerability assessments transmitted 19 under section 12404(e)(4) and recommendations in- 20 cluded in the strategic research plan described in 21 section 12405(b)(10), the Secretary may build upon 22 existing activities and collaborate with Native Ha- 23 waiian organizations, Tribal organizations, and Trib- 24 al consortia that are conducting or have completed 25 VerDate Sep 11 2014 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1808 IS vulnerability assessments, research planning, climate 1 action plans, or other similar activities related to 2 ocean acidification and coastal acidification and the 3 impacts of ocean acidification and coastal acidifica- 4 tion on coastal communities. 5 ‘‘(3) PRIORITY.—In carrying out paragraphs 6 (1) and (2), the Secretary shall prioritize under- 7 served populations and entities in the use of re- 8 sources of the National Oceanic and Atmospheric 9 Administration.’’. 10 SEC. 4. TECHNICAL CORRECTIONS. 11 The Federal Ocean Acidification Research And Moni- 12 toring Act of 2009 (33 U.S.C. 3701 et seq.) is amended— 13 (1) in section 12402 (33 U.S.C. 3701)— 14 (A) in paragraph (1), by striking ‘‘develop- 15 ment coordination and implementation’’ and in- 16 serting ‘‘development, coordination, and imple- 17 mentation’’; and 18 (B) in paragraph (4), by striking ‘‘research 19 adaptation strategies and mitigating the im- 20 pacts’’ and inserting ‘‘research on adaptation 21 strategies and mitigation of the impacts’’; 22 (2) in section 12404 (33 U.S.C. 3703)— 23 (A) in subsection (b)(5), by striking ‘‘; 24 and’’ and inserting a period; 25 VerDate Sep 11 2014 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1808 IS (B) in subsection (c)(2)(A)— 1 (i) in clause (i), by striking ‘‘sub- 2 section (d)(2)’’ and inserting ‘‘subsection 3 (e)(2)’’; and 4 (ii) in clause (ii), by striking ‘‘sub- 5 section (d)(3)’’ and inserting ‘‘subsection 6 (e)(3)’’; 7 (C) in subsection (d)(3), by striking ‘‘this 8 section’’ and inserting ‘‘this subsection’’; and 9 (D) in subsection (e)— 10 (i) in paragraph (2)(B), by striking 11 ‘‘interagency’’ and inserting ‘‘the’’; and 12 (ii) in paragraph (3), by striking 13 ‘‘years until 2031 thereafter’’ and inserting 14 ‘‘years thereafter until 2031’’; and 15 (3) in section 12406(d)(2) (33 U.S.C. 16 3705(d)(2)), by striking ‘‘The Secretary to,’’ and in- 17 serting ‘‘The Secretary, to’’. 18 Æ VerDate Sep 11 2014 22:54 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S1808.IS S1808 [Text truncated for display. 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