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S 2211 IS

To ensure the recovery, resiliency, and health of ocean, coastal, and Great Lakes ecosystems, and for other purposes.

October 19, 2007

Mr. WHITEHOUSE (for himself and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To ensure the recovery, resiliency, and health of ocean, coastal, and Great Lakes ecosystems, 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. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Global Warming and Acidification Coastal and Ocean Resiliency Act'.

(b) Table of Contents- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

TITLE I--NATIONAL POLICY FOR OCEAN, COASTAL, AND GREAT LAKES ECOSYSTEM HEALTH AND RESILIENCY

Sec. 101. National policy on ocean, coastal, and great lakes ecosystem health and resiliency.

Sec. 102. National ocean, coastal, and Great Lakes resiliency strategy.

Sec. 103. Advisory Board.

Sec. 104. Implementation of national strategy.

Sec. 105. Reports.

Sec. 106. Authorization of appropriations.

TITLE II--PLANNING FOR CLIMATE CHANGE IN COASTAL ZONE

Sec. 201. Planning for climate change in coastal zone.

SEC. 2. FINDINGS.

Congress finds that--

(1) healthy, diverse, and productive coastal, ocean, and Great Lakes ecosystems, communities, and habitats are critical to securing the full range of natural resource benefits for the United States;

(2) healthy ecosystems are more resilient than degraded ecosystems;

(3) resilient ecosystems can better adapt to changing environmental conditions, including global warming and ocean acidification;

(4) the effects of global warming, including relative sea level rise and ocean acidification pose significant threats to healthy ocean, coastal, and Great Lakes ecosystems; and

(5) policies and programs designed to ensure the recovery, resilience, and health of coastal, ocean, and Great Lakes ecosystems and the resources of the ecosystems in the face of environmental change are an urgent national priority.

SEC. 3. DEFINITIONS.

In this Act:

(1) ECOLOGICAL PROCESSES-

(A) IN GENERAL- The term `ecological processes' means the biological, chemical, and physical interactions between the biotic and abiotic components of an ecosystem.

(B) INCLUSIONS- The term `ecological processes' includes--

(i) nutrient cycling;

(ii) pollination;

(iii) predator-prey relationships;

(iv) soil formation;

(v) gene flow;

(vi) hydrologic cycling;

(vii) decomposition; and

(viii) disturbance regimes, such as fire and flooding.

(2) HABITAT-

(A) IN GENERAL- The term `habitat' means the physical, chemical, and biological properties that are used by wildlife for growth, reproduction, and survival.

(B) INCLUSIONS- The term `habitat' includes aquatic and terrestrial plant communities, food, water, cover, and space on a tract of land, in a body of water, or in an area or region.

(3) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(4) SECRETARY- The term `Secretary' means the Secretary of Commerce.

(5) WILDLIFE- The term `wildlife' means--

(A) any species of wild, free-ranging fauna, including fish and other aquatic species; and

(B) any fauna in a captive breeding program the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range.

TITLE I--NATIONAL POLICY FOR OCEAN, COASTAL, AND GREAT LAKES ECOSYSTEM HEALTH AND RESILIENCY

SEC. 101. NATIONAL POLICY ON OCEAN, COASTAL, AND GREAT LAKES ECOSYSTEM HEALTH AND RESILIENCY.

It is the policy of the Federal Government, in cooperation with State, tribal, and affected local governments, other concerned public and private organizations, coastal and ocean resource users, and citizens to take effective measures--

(1) to ensure the recovery, resiliency, and health of ocean, coastal, and Great Lakes ecosystems;

(2) to predict, plan for, and mitigate the impact on coastal, ocean, and Great Lakes ecosystems from global warming, including relative sea level rise, and from ocean acidification;

(3) to plan for and mitigate the impact of the development of offshore alternative energy resources and appropriate carbon capture and sequestration activities; and

(4) to cooperate and collaborate to support improved and enhanced ocean and coastal management in the United States.

SEC. 102. NATIONAL OCEAN, COASTAL, AND GREAT LAKES RESILIENCY STRATEGY.

(a) Requirement-

(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall implement the national policy under section 101 by establishing a national strategy to protect, maintain, and restore coastal and marine ecosystems so that the ecosystems are more resilient and better able to withstand the additional stresses associated with global warming, including relative sea level rise, and with ocean acidification.

(2) MEASURES- In establishing the national strategy, the Secretary shall provide for research and design of practical measures--

(A) to avoid, alleviate, or mitigate the impact of global warming, including relative sea level rise, and of ocean acidification on ocean, coastal, and Great Lakes ecosystems and resources in the United States; and

(B) to ensure the recovery, resiliency, and health of ocean, coastal, and Great Lakes ecosystems.

(3) ADMINISTRATION- Before and during the development of the national strategy, the Secretary shall--

(A) base the national strategy on the best available science;

(B) consult with--

(i) the Secretary of the Interior;

(ii) the Administrator of the Environmental Protection Agency;

(iii) Regional Fishery Management Councils;

(iv) State coastal management and fish and wildlife agencies;

(v) Indian tribes;

(vi) local governments;

(vii) conservation organizations;

(viii) scientists; and

(ix) other interested stakeholders; and

(C) provide public notice and opportunity for comment.

(b) Contents-

(1) IN GENERAL- The Secretary shall include in the national strategy prioritized goals and measures and a plan for implementation (including a timeframe)--

(A) to incorporate climate change adaptation strategies into the planning and management of ocean and coastal programs and resources administered by the Department of Commerce;

(B) to incorporate the strategies into the planning and management of ocean and coastal resources administered by Federal and non-Federal governmental entities other than the Department of Commerce;

(C) to support predictions of relative sea level rise;

(D) to protect, maintain, and restore coastal and marine ecosystems so that the ecosystems are more resilient and better able to withstand the additional stresses associated with global warming, including relative sea level rise, and with ocean acidification;

(E) to protect ocean and coastal species from the impact of global warming and ocean acidification;

(F) to incorporate adaptation strategies for relative sea level rise into coastal zone planning;

(G) to protect and restore ocean and coastal habitats to build healthy and resilient ecosystems, including the purchase of coastal and island land; and

(H) to promote the development of plans to mitigate at the community level the economic consequences of global warming, including relative sea level rise and ocean acidification.

(2) COORDINATION WITH OTHER PLANS- In developing the national strategy, the Secretary shall, to the maximum extent practicable--

(A) take into consideration research and information contained in--

(i) Federal, regional, and State management and restoration plans;

(ii) the reports of the Pew Oceans Commission and the United States Commission on Ocean Policy; and

(iii) any other relevant reports and information; and

(B) encourage and take into account regional plans for protecting and restoring the health and resilience of ocean and coastal ecosystems, including the Great Lakes.

(c) Revisions- Not later than 5 years after the date of the initial establishment of the national strategy and each 10 years thereafter, the Secretary shall revise the national strategy to reflect--

(1) new information on the impact of global warming, including relative sea level rise, and of acidification on ocean, coastal and Great Lakes ecosystems and the resources of the ecosystems; and

(2) advances in the development of strategies for adapting to or mitigating for the impact.

(d) Implementation- To achieve the goals of the national strategy, each Federal agency shall (directly and in cooperation with other agencies) implement measures for the conservation of ocean, coastal, and Great Lakes ecosystems under the jurisdiction of the Federal agency that promote the national strategy established under this section.

SEC. 103. ADVISORY BOARD.

(a) In General- The Secretary shall establish and appoint the members of an Advisory Board that is composed of not less than 10, and not more than 20, members recommended by the President of the National Academy of Sciences with expertise in ocean, coastal, and Great Lakes biology, ecology, fisheries, climate change, ocean acidification, and other relevant disciplines, including economics at the community level.

(b) Function- The Advisory Board shall--

(1) provide scientific and technical advice and recommendations to the Secretary on--

(A) the impact of global warming, including relative sea level rise, and of acidification on ocean and coastal ecosystems, resources, ecological and coastal communities, and habitats; and

(B) strategies and mechanisms to mitigate the impact of global warming, including relative sea level rise, and of acidification on ocean and coastal ecosystems;

(2) advise the Secretary on priorities for research or information collection; and

(3) advise the Secretary on priority needs for achieving systematic improvements in ocean and coastal resiliency for the purposes of section 102.

SEC. 104. IMPLEMENTATION OF NATIONAL STRATEGY.

(a) In General- Of the amount that is made available to carry out this title for each fiscal year--

(1) 40 percent shall be made available for the carrying out of Federal responsibilities to develop and implement the national strategy established under section 102; and

(2) 60 percent shall be used to make grants under subsection (b).

(b) Grants-

(1) IN GENERAL- The Secretary shall make grants to eligible entities to pay the Federal share (as determined by the Secretary) to carry out activities that contribute to or result in protecting, maintaining, or restoring the resilience and health of coastal, ocean, and Great Lakes ecosystems and resources, including planning and scientific research to support such purposes.

(2) ELIGIBLE ENTITIES- To be eligible to receive a grant under this subsection, an entity shall be--

(A) a Federal agency;

(B) an agency of a State or political subdivision;

(C) a regional partnership;

(D) an Indian tribe;

(E) an institution of higher education; or

(F) a nongovernmental organization.

(3) ELIGIBLE USES- A grant provided under this subsection may only be used to carry out an activity described in paragraph (1) that is approved by the Secretary.

(4) PRIORITIZATION- In approving applications under this subsection, the Secretary shall give priority to proposals that--

(A) implement measures to enhance the health or resilience of coastal, ocean, or Great Lakes areas of national significance, including biological, historical, and cultural measures;

(B) result in systematic improvements to the resilience and health of coastal and ocean ecosystems and resources;

(C) are sufficiently cooperative and broad in geographic scope to address the problem or need; and

(D) demonstrate cost-effectiveness based on ecosystems services provided per dollar of Federal expenditure, including consideration of the potential for a funding match.

(5) GUIDANCE- The Secretary shall issue guidance regarding a process for--

(A) the approval or disapproval of applications for grants under this subsection, including opportunities for public comment; and

(B) the establishment of annual and multiyear national funding priorities.

(6) EVALUATION-

(A) IN GENERAL- The Secretary shall establish a system to provide for an annual external evaluation of each grant that measures the progress of implementation of the grant against the goals and objectives of the grant project.

(B) PUBLIC AVAILABILITY- The Secretary shall make the results of the evaluations publicly available.

SEC. 105. REPORTS.

(a) National Academy of Sciences- The Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall report to Congress, not later than 2 years after the date of enactment of this Act, on the current and projected impact of global warming, including relative sea level rise, of ocean acidification, and on effective mitigation strategies for the ocean, coastal, and Great Lakes ecosystems and resources of the United States.

(b) Report to Congress- The Secretary shall make available to Congress a copy of the strategy and implementation plan established under this title (including any updates to the strategy and plan).

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this title.

TITLE II--PLANNING FOR CLIMATE CHANGE IN COASTAL ZONE

SEC. 201. PLANNING FOR CLIMATE CHANGE IN COASTAL ZONE.

(a) In General- The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:

`SEC. 320. CLIMATE CHANGE RESILIENCY PLANNING.

`(a) Definitions- In this section, the terms `ecological processes', `habitat', and `wildlife' have the meanings given those terms in section 3 of the Global Warming and Acidification Coastal and Ocean Resiliency Act.

`(b) Program- The Secretary shall establish, consistent with the national policies established under section 303, a coastal climate change resiliency planning and response program to--

`(1) provide assistance to coastal states to develop and implement coastal climate change resiliency plans pursuant to approved management programs approved under section 306, to prepare for and reduce, in an environmentally sensitive manner, the negative consequences to the coastal zone that may result from global warming and ocean acidification; and

`(2) provide financial and technical assistance and training to enable coastal states to implement plans developed pursuant to this section through enforceable policies of the coastal states.

`(c) Guidelines- Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the coastal states, shall issue guidelines for the implementation of the grant program established under subsection (d).

`(d) Climate Change Resiliency Planning Grants-

`(1) IN GENERAL- Subject to the availability of appropriations, the Secretary may make a grant to any coastal state for the purpose of developing and implementing climate change resiliency plans pursuant to guidelines issued by the Secretary under subsection (c).

`(2) PLAN CONTENT-

`(A) IN GENERAL- A plan developed with a grant under this section shall include adaptation strategies for fish and wildlife, fish and wildlife habitat, and associated ecological process as are necessary to assist fish and wildlife, fish and wildlife habitat, and associated ecological processes to adapt to, become resilient to, and mitigate the impact of, global warming and ocean acidification.

`(B) INCLUSIONS- The plans shall specifically include--

`(i) adaptive management strategies for land and water use to respond or adapt to changing environmental conditions, including strategies to protect biodiversity and establish habitat buffer zones, migration corridors, and climate refugia; and

`(ii) requirements--

`(I) to initiate and maintain long-term monitoring of environmental change to assess coastal zone resiliency; and

`(II) if necessary, to adjust adaptive management strategies and new planning guidelines to attain the policies under section 303.

`(3) ALLOCATION- Grants under this section shall be--

`(A) available only to coastal states with management programs approved by the Secretary under section 306; and

`(B) allocated among the coastal states in a manner consistent with regulations promulgated pursuant to section 306(c).

`(4) PRIORITY- In the awarding grants under this subsection, the Secretary may give priority to any coastal state that has received grant funding to develop program changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of section 309(a).

`(5) TECHNICAL ASSISTANCE- The Secretary may provide technical assistance to a coastal state (consistent with section 310) to ensure the timely development of plans supported by grants awarded under this subsection.

`(6) FEDERAL APPROVAL- In order to be eligible for a grant under subsection (e), a coastal state shall have the plan of the coastal state developed under this section approved by the Secretary.

`(e) Coastal Resiliency Project Grants-

`(1) IN GENERAL- Subject to the availability of appropriations, the Secretary may make grants to any coastal state that has a climate change resiliency plan approved under subsection (d)(6) for implementation of the plan.

`(2) PROGRAM REQUIREMENTS-

`(A) IN GENERAL- Not later than 90 days after the date of approval of the first plan approved under subsection (d)(6), the Secretary shall publish in the Federal Register requirements regarding applications, allocations, eligible activities, and all terms and conditions for grants awarded under this subsection.

`(B) MERIT-BASED AWARDS- No less than 30 percent of the funds made available for any fiscal year for grants under this subsection shall be awarded through a merit-based competitive process.'.

(b) Authorization of Appropriations- Section 318(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464(a)) is amended--

(1) in paragraph (1), by striking `and' at the end;

(2) in paragraph (2), by striking the period at the end and inserting `; and'; and

(3) by adding by adding at the end the following:

`(3) for grants under subsections (d) and (e) of section 320, such sums as are necessary for each fiscal year.'.