What This Bill Does
This bill updates an existing federal law about ocean acidification (when seawater becomes less basic due to increased carbon dioxide) to require more collaboration between the federal government and states, local governments, and Indian Tribes. The bill aims to improve how the government works with communities and tribes on research, planning, and assessments related to ocean acidification and its impacts.
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Who It Affects
- Indian Tribes and Tribal organizations affected by ocean acidification
- State and local governments
- Fishing industry members and fishery management councils
- Coastal communities and stakeholders
- Scientists and research experts
- The National Oceanic and Atmospheric Administration (NOAA)
- The Secretary of Commerce
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Key Provisions
- The federal government must create and maintain an ongoing contact system (such as a liaison, regular meetings, or online platform) to get input from industries, coastal communities, fishery councils, indigenous knowledge groups, and non-federal scientists on research and monitoring needed for ocean acidification management (Sec. 3(a))
- The Advisory Board on ocean acidification must include two representatives from Indian Tribes, Tribal organizations, and Tribal consortia affected by ocean acidification (Sec. 3(b))
- The Advisory Board must develop a policy for working with and coordinating with Indian Tribes affected by ocean acidification within one year of being established, and must consult with those tribes when creating the policy (Sec. 3(d))
- The Secretary of Commerce must work with state and local governments and Indian Tribes on community vulnerability assessments, research planning, and climate action plans related to ocean acidification, with focus on underserved populations (Sec. 3(g))
- When updating the strategic research plan for ocean acidification, the government must include information about partnerships with affected industry members, coastal stakeholders, community networks, and scientific experts not employed by the federal government (Sec. 3(f))
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What Changes
If this bill becomes law, the federal government's ocean acidification program will be required to actively involve and seek input from Indian Tribes, state and local governments, and affected communities throughout its research and decision-making processes. The advisory board structure expands to include tribal representation. The government must also prioritize helping underserved populations understand and prepare for ocean acidification impacts.
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Important Definitions
- **Indian Tribe**: Has the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act (a specific federal law defining tribal governments)
- **Ocean Acidification**: An increase of carbon dioxide in ocean water
- **Subcommittee**: The National Science and Technology Council Subcommittee on Ocean Science and Technology
- **United States**: The States, collectively
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Effective Date
Not specified in bill text
IIB
118TH CONGRESS
1ST SESSION
H. R. 676
IN THE SENATE OF THE UNITED STATES
MAY 10, 2023
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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.
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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 Communities
4
Ocean Acidification Act of 2023’’.
5
SEC. 2. DEFINITIONS.
6
Section 12403 of the Federal Ocean Acidification Re-
7
search And Monitoring Act of 2009 (33 U.S.C. 3702) is
8
amended—
9
(1) by striking paragraph (4);
10
(2) by redesignating paragraphs (2) and (3) as
11
paragraphs (3) and (4), respectively;
12
(3) by inserting before paragraph (3), as so re-
13
designated, the following:
14
‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’
15
has the meaning given the term in section 4 of the
16
Indian Self-Determination and Education Assistance
17
Act (25 U.S.C. 5304).’’;
18
(4) in paragraph (3), as redesignated by para-
19
graph (2), by inserting ‘‘an increase of’’ before ‘‘car-
20
bon dioxide’’; and
21
(5) by adding at the end the following:
22
‘‘(6)
SUBCOMMITTEE.—The
term
‘Sub-
23
committee’ means the National Science and Tech-
24
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HR 676 RFS
nology Council Subcommittee on Ocean Science and
1
Technology.
2
‘‘(7) 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 knowledge groups,
23
non-Federal resource managers, and scientific
24
experts not employed by the Federal Govern-
25
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ment to provide input on research, data, and
1
monitoring that is necessary to support on-the-
2
ground management, decision making, and ad-
3
aptation related to ocean acidification and
4
coastal acidification and the impacts of ocean
5
acidification and 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, Tribal organizations, and Tribal con-
17
sortia affected by ocean acidification and coast-
18
al acidification.’’; and
19
(3) in subparagraph (H), as redesignated by
20
paragraph (1), by striking ‘‘Six’’ and inserting
21
‘‘Four’’.
22
(c) APPOINTMENT
OF
ADVISORY
BOARD
MEM-
23
BERS.—Section 12404(c)(4)(C) of the Federal Ocean
24
Acidification Research And Monitoring Act of 2009 (33
25
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HR 676 RFS
U.S.C. 3703(c)(4)(C)) is amended by striking ‘‘State and
1
local’’ and inserting ‘‘State, local, and Tribal’’.
2
(d) ENGAGEMENT AND COORDINATION WITH INDIAN
3
TRIBES.—Paragraph (9) of section 12404(c) of the Fed-
4
eral Ocean Acidification Research And Monitoring Act of
5
2009 (33 U.S.C. 3703(c)) is amended to read as follows:
6
‘‘(9) ENGAGEMENT AND COORDINATION WITH
7
INDIAN TRIBES.—
8
‘‘(A) POLICY REQUIRED.—Not later than
9
one year after the date on which the Advisory
10
Board is established, the Advisory Board shall
11
develop and commence maintaining a policy for
12
engagement and coordination with Indian
13
Tribes affected by ocean acidification and coast-
14
al acidification.
15
‘‘(B) CONSULTATION.—In developing the
16
policy under subparagraph (A), the Advisory
17
Board shall consult with Indian Tribes affected
18
by ocean acidification and coastal acidifica-
19
tion.’’.
20
(e) COLLABORATION
ON VULNERABILITY ASSESS-
21
MENTS, RESEARCH PLANNING, AND SIMILAR ACTIVI-
22
TIES.—Section 12404(e)(4)(A) of the Federal Ocean
23
Acidification Research And Monitoring Act of 2009 (33
24
U.S.C. 3703(e)(4)(A)) is amended—
25
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(1) by redesignating clauses (ix) and (x) as
1
clauses (x) and (xi), respectively; and
2
(2) by inserting after clause (viii) the following:
3
‘‘(ix) identifies the efforts of the Sec-
4
retary to collaborate with State and local
5
governments and Indian Tribes on commu-
6
nity vulnerability assessments, research
7
planning, and similar activities, pursuant
8
to section 12406(e);’’.
9
(f) CONTENTS OF STRATEGIC RESEARCH PLAN.—
10
Section 12405(b) of the Federal Ocean Acidification Re-
11
search And Monitoring Act of 2009 (33 U.S.C. 3704(b))
12
is amended—
13
(1) in paragraph (10), by striking ‘‘section
14
12404(c)(4)’’ and inserting ‘‘section 12404(e)(4)’’;
15
and
16
(2) in paragraph (11), by striking ‘‘potentially
17
affected industry members, coastal stakeholders,
18
fishery management councils and commissions, Trib-
19
al governments, non-Federal resource managers, and
20
scientific experts’’ and inserting ‘‘affected industry
21
members, coastal stakeholders, community acidifica-
22
tion networks, fishery management councils and
23
commissions, indigenous knowledge groups, non-
24
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Federal resource managers, and scientific experts
1
not employed by the Federal Government’’.
2
(g) IMPROVING COLLABORATION ON NOAA OCEAN
3
ACIDIFICATION ACTIVITIES.—Section 12406 of the Fed-
4
eral Ocean Acidification Research And Monitoring Act of
5
2009 (33 U.S.C. 3705) is amended—
6
(1) in subsection (a)—
7
(A) in paragraph (1)—
8
(i) in subparagraph (C), by striking
9
‘‘maximize’’ and inserting ‘‘take into con-
10
sideration’’;
11
(ii) in subparagraph (D), by adding a
12
semicolon at the end; and
13
(iii) in subparagraph (F), by striking
14
‘‘Tribal governments’’ and inserting ‘‘In-
15
dian Tribes’’; and
16
(B) in paragraph (4), by striking ‘‘industry
17
members, coastal stakeholders, fishery manage-
18
ment councils and commissions, non-Federal re-
19
source managers, community acidification net-
20
works, indigenous knowledge groups, and sci-
21
entific experts’’ and inserting ‘‘affected industry
22
members,
coastal
stakeholders,
community
23
acidification networks, fishery management
24
councils and commissions, indigenous knowl-
25
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edge groups, non-Federal resource managers,
1
and scientific experts not employed by the Fed-
2
eral Government’’;
3
(2) in subsection (c)—
4
(A) in paragraph (1), by striking ‘‘State,
5
local, and Tribal governments’’ and inserting
6
‘‘State and local governments, Indian Tribes,’’;
7
and
8
(B) in paragraph (2)—
9
(i) in subparagraph (A), by striking ‘‘;
10
or’’ and inserting a semicolon;
11
(ii) by redesignating subparagraph
12
(B) as subparagraph (C);
13
(iii) by inserting after subparagraph
14
(A) the following:
15
‘‘(B) on ocean acidification and coastal
16
acidification research, data, and monitoring
17
from affected industry members, coastal stake-
18
holders, community acidification networks, fish-
19
ery management councils and commissions, in-
20
digenous knowledge groups, non-Federal re-
21
source managers, and scientific experts not em-
22
ployed by the Federal Government; or’’; and
23
(iv) in subparagraph (C), as redesig-
24
nated by clause (ii), by striking ‘‘State
25
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governments, local governments, Tribal
1
governments’’ and inserting ‘‘State and
2
local governments, Indian Tribes’’;
3
(3) in subsection (d)(1)(C), by striking ‘‘Tribes
4
or Tribal governments’’ and inserting ‘‘Indian
5
Tribes, Tribal organizations, and Tribal consortia’’;
6
and
7
(4) by adding at the end the following:
8
‘‘(e) BETTER COLLABORATION ON VULNERABILITY
9
ASSESSMENTS, RESEARCH PLANNING, AND SIMILAR AC-
10
TIVITIES.—
11
‘‘(1) IN GENERAL.—In carrying out the pro-
12
gram under subsection (a), and in support of vulner-
13
ability
assessments
transmitted
under
section
14
12404(e)(4) and recommendations included in the
15
strategic
research
plan
described
in
section
16
12405(b)(10), the Secretary shall build upon exist-
17
ing activities and collaborate with State and local
18
governments and Indian Tribes that are conducting
19
or have completed vulnerability assessments, re-
20
search planning, climate action plans, or other simi-
21
lar activities related to ocean acidification and coast-
22
al acidification and the impacts of ocean acidifica-
23
tion and coastal acidification on coastal commu-
24
nities, for the purpose of—
25
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‘‘(A) supporting collaborative interagency
1
relationships and information sharing at the
2
State, local, and Tribal levels; and
3
‘‘(B) assisting State and local governments
4
and Indian Tribes in—
5
‘‘(i) improving existing systems and
6
programs to better address ocean acidifica-
7
tion and coastal acidification; and
8
‘‘(ii) identifying whether such activi-
9
ties can be used as a model for other com-
10
munities.
11
‘‘(2) PRIORITY.—In carrying out paragraph (1),
12
the Secretary shall prioritize underserved popu-
13
lations and entities in the use of resources of the
14
National Oceanic and Atmospheric Administration.’’.
15
SEC. 4. TECHNICAL CORRECTIONS.
16
The Federal Ocean Acidification Research And Moni-
17
toring Act of 2009 (33 U.S.C. 3701 et seq.) is amended—
18
(1) in section 12402(1) (33 U.S.C. 3701(1)), by
19
striking ‘‘development coordination and implementa-
20
tion’’ and inserting ‘‘development, coordination, and
21
implementation’’;
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
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(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
Passed the House of Representatives May 9, 2023.
Attest:
CHERYL L. JOHNSON,
Clerk.
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