[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6841 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6841
To amend the Coastal Zone Management Act of 1972 to allow the Secretary
of Commerce to establish a Coastal and Estuarine Resilience and
Restoration Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 15, 2023
Mr. Levin (for himself, Mr. Mast, Ms. Bonamici, Mrs. Kiggans of
Virginia, Mr. Huffman, Mrs. Gonzalez-Colon, Mr. Kilmer, and Mr. Van
Drew) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Coastal Zone Management Act of 1972 to allow the Secretary
of Commerce to establish a Coastal and Estuarine Resilience and
Restoration Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. COASTAL AND ESTUARINE RESILIENCE AND RESTORATION PROGRAM.
Section 307A of the Coastal Zone Management Act of 1972 (16 U.S.C.
1456-1) is amended--
(1) by striking the heading and inserting ``coastal and
estuarine resilience and restoration program'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary may conduct a Coastal and
Estuarine Resilience and Restoration Program, in cooperation with
State, regional, and other units of government, the National Estuarine
Research Reserves, and non-governmental organizations for the purposes
of--
``(1) protecting important coastal and estuarine areas
that--
``(A) have significant conservation, recreational,
coastal access, ecological, historical, community
protection, or aesthetic value;
``(B) are threatened by conversion from their
natural, undeveloped, or recreational state to other
uses; or
``(C) could be managed or restored to effectively
conserve, enhance, or restore ecological function or
mitigate climate change; and
``(2) restoring developed property in vulnerable coastal
and estuarine areas to a natural state to restore ecological
function, allow for shoreline migration, and protect coastal
communities.'';
(3) in subsection (b), by striking ``or National Estuarine
Research Reserve units'' and inserting ``, National Estuarine
Research Reserves, or non-governmental organizations that meet
the requirements of subsection (k)'';
(4) in subsection (c)--
(A) by striking ``or National Estuarine Research
Reserves'' and inserting ``, National Estuarine
Research Reserves, or non-governmental organizations'';
(B) in paragraph (2), by striking ``shall
identify'' and inserting ``may identify'';
(C) by amending paragraph (7) to read as follows:
``(7)(A) Priority shall be given to lands that--
``(i) can be effectively managed and protected and
are described in subsection (a)(1)(A);
``(ii) to the maximum extent practicable, benefit
communities that may not have adequate resources to
prepare for or respond to coastal hazards or to access
coastline, including low-income communities; or
``(iii)(I) are under an imminent threat of
conversion to a use that will degrade or otherwise
diminish their natural, undeveloped, or recreational
state;
``(II) serve to mitigate the adverse impacts caused
by coastal population growth on the coastal
environment;
``(III) are within or adjacent to a National
Estuarine Research Reserve designated under section
315, a national wildlife refuge, or a national estuary
program, or are proposed for designation as such a
reserve or other such protected area; or
``(IV) are under threat due to climate change or
may serve to mitigate the adverse effects of climate
change, including through long-term carbon storage, and
to facilitate inland migration of coastal ecosystems in
response to sea level rise.
``(B) Of the projects that are given priority under
subparagraph (A), priority shall be given to lands that reflect
conservation priorities identified pursuant to paragraphs (1)
through (4).''; and
(D) in paragraph (10), by striking ``triennially''
and inserting ``every 5 years'';
(5) in subsection (f)--
(A) in paragraph (2)(B), by inserting ``for any
territory of the United States that is unable to
provide such match,'' after ``community,''; and
(B) in paragraph (4)--
(i) in subparagraph (A)(i), by striking
``the land meets the criteria set forth in
section 2(b) and'' and inserting ``such use
will further the goals set forth in subsection
(b) and such land interest'';
(ii) by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph
(B);
(iii) in subparagraph (B) (as so
redesignated), by striking ``described in (A)''
and inserting ``described in subparagraph
(A)''; and
(iv) by inserting at the end the following
new subparagraph:
``(C) The value of ecosystem services that such
interest in land provides, including as a buffer for
storm surge, as a habitat for economically valuable
species, and as a long-term carbon store.'';
(6) in subsection (g), by striking ``15'' and inserting
``20'';
(7) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively;
(8) by inserting after subsection (j) the following:
``(k) Non-Governmental Organizations.--
``(1) In general.--A non-governmental organization that
applies for a grant under this section may only be awarded a
grant under subsection (b) to acquire property or an interest
in property if such organization, with respect to the property
or interest in property--
``(A) provides such documentation as the Secretary
determines appropriate to demonstrate that the agency
that is primarily responsible for managing coastal and
estuarine land of the State in which the property or
interest in property is located has provided public
notice of the support of such agency for the grant
application of such organization;
``(B) either--
``(i) ensures that the property or interest
in property is, or will be made, accessible to
the public; or
``(ii) provides documentation showing that
public access to the property or interest in
property is required to be restricted to
maintain the biological integrity, biological
diversity, or environmental health of the
property or interest in property; and
``(C) includes in the deed for the property or
interest in property a clear statement regarding how
the property or interest in property will be disposed
of if such organization becomes nonviable after the
date such organization acquires such property or
interest in property.
``(2) Compliance.--The Secretary shall develop objective
measures that each non-governmental organization that applies
for a grant under this section shall use to demonstrate the
compliance of such organization with the requirements of
paragraph (1).''; and
(9) in subsection (m), as so redesignated, by striking
``fiscal years 2009 through 2013'' and inserting ``fiscal years
2024 through 2028''.
SEC. 2. AMENDMENTS TO NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM
PROGRAM.
(a) Designation of Additional Reserves.--
(1) In general.--Not later than 5 years after the date of
the enactment of this section, the Secretary shall designate
not less than 5 new national estuarine reserves in the System.
(2) Prioritization.--In making each designation under
paragraph (1), the Secretary shall prioritize nominated sites
that will promote the following with respect to the System:
(A) The presence of a National Estuarine Research
Reserve in each coastal State.
(B) Full representation of biogeographic regions to
ensure research in areas with distinct biodiversity or
estuarine geography.
(b) Financial Assistance.--Section 315(e)(1)(A)(ii) of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1461(f)(1)(A)(ii)) is amended by
inserting ``and maintaining'' after ``constructing''.
(c) Guidelines for Tracking and Modeling the Impacts of Climate
Change.--Section 315(c) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1461(c)) is amended--
(1) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) the establishment of coordinated long-term data
monitoring and methods throughout the System for tracking and
modeling the impacts of climate change on estuarine systems,
including impacts on lake levels and sea levels;''.
(d) Program Elements.--Section 315 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1461) is amended by adding at the end the
following:
``(h) Systemwide Elements of the National Estuarine Research
Reserve System.--The Secretary shall coordinate systemwide programs and
activities in the System including--
``(1) the centralized management and dissemination of data
from System observation and monitoring networks;
``(2) a grant program employing the collaborative research
model on coastal research and management priorities to be
conducted at research reserve sites focused on the priorities
determined by the Secretary;
``(3) using National Estuarine Research Reserves as living
laboratories and as preferred placements for fellowship and
research positions for the National Oceanic and Atmospheric
Administration; and
``(4) establishing the Margaret A. Davidson Graduate
Research Fellowship Program to address key coastal management
questions and the coastal research and management priorities of
the System and its place-based sites to help scientists and
communities understand the coastal challenges that may
influence future policy and management strategies.
``(i) Place-Based Program Elements of the National Estuarine
Research Reserve System.--Each National Estuarine Research Reserve
shall establish and maintain place-based program elements that
include--
``(1) a research, monitoring, and observation network that
detects environmental change and informs suitable adaptation
and mitigation strategies to coastal hazards;
``(2) identifying and monitoring sentinel sites that
provide an opportunity to develop and test techniques for
adapting to and mitigating the harmful effects of climate
change;
``(3) education, outreach, training, and interpretive
programs that communicate the value and changing dynamics of
coastal systems;
``(4) stewardship programs that provide science-based
tools, habitat management, and restoration and that provide
resources and information to inform coastal management;
``(5) coastal training programs that provide technical
assistance to coastal communities, resource managers, and
coastal decisionmakers;
``(6) identifying priority land for acquisition to enhance
ecosystem and community resilience to the negative effects of
climate change; and
``(7) the lands and facilities that support such accessible
research, monitoring, stewardship, education, and coastal
training activities.
``(j) Existing Uses.--Except as otherwise explicitly provided in a
management plan of a National Estuarine Research Reserve, each Reserve
shall permit existing uses of System lands and waters, including (as
applicable)--
``(1) commercial and recreational fishing;
``(2) hunting; and
``(3) cultural uses.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $47,000,000 for each of fiscal years 2024
through 2028 to provide financial assistance under this section.''.
(e) Definitions.--In this section:
(1) Coastal state.--The term ``coastal State'' has the
meaning given the term ``coastal state'' in section 304 of
title III of the Coastal Zone Management Act of 1972 (16 U.S.C.
1453), as applicable to such title.
(2) Secretary.--The term ``Secretary'' has the meaning
given the term in section 304 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453).
(3) System.--The term ``System'' means the National
Estuarine Research Reserve System established under section 315
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461).
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