S 2211 ISCommentsClose CommentsPermalink

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

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 TransportationCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

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'.CommentsClose CommentsPermalink





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





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





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





Sec. 103. Advisory Board.CommentsClose CommentsPermalink





Sec. 104. Implementation of national strategy.CommentsClose CommentsPermalink





Sec. 105. Reports.CommentsClose CommentsPermalink





Sec. 106. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE II--PLANNING FOR CLIMATE CHANGE IN COASTAL ZONE

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

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





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





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





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ECOLOGICAL PROCESSES-CommentsClose CommentsPermalink





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





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





(i) nutrient cycling;CommentsClose CommentsPermalink





(ii) pollination;CommentsClose CommentsPermalink





(iii) predator-prey relationships;CommentsClose CommentsPermalink





(iv) soil formation;CommentsClose CommentsPermalink





(v) gene flow;CommentsClose CommentsPermalink





(vi) hydrologic cycling;CommentsClose CommentsPermalink





(vii) decomposition; andCommentsClose CommentsPermalink





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





(2) HABITAT-CommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





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





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





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





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





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





(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;CommentsClose CommentsPermalink





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





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

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

(a) Requirement-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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





(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; andCommentsClose CommentsPermalink





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





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





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





(B) consult with--CommentsClose CommentsPermalink





(i) the Secretary of the Interior;CommentsClose CommentsPermalink





(ii) the Administrator of the Environmental Protection Agency;CommentsClose CommentsPermalink





(iii) Regional Fishery Management Councils;CommentsClose CommentsPermalink





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





(v) Indian tribes;CommentsClose CommentsPermalink





(vi) local governments;CommentsClose CommentsPermalink





(vii) conservation organizations;CommentsClose CommentsPermalink





(viii) scientists; andCommentsClose CommentsPermalink





(ix) other interested stakeholders; andCommentsClose CommentsPermalink





(C) provide public notice and opportunity for comment.CommentsClose CommentsPermalink





(b) Contents-CommentsClose CommentsPermalink





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





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





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





(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;CommentsClose CommentsPermalink





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





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





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





(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.CommentsClose CommentsPermalink





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





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





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





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





(iii) any other relevant reports and information; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Function- The Advisory Board shall--CommentsClose CommentsPermalink





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





(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; andCommentsClose CommentsPermalink





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





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





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

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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





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





(b) Grants-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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





(A) a Federal agency;CommentsClose CommentsPermalink





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





(C) a regional partnership;CommentsClose CommentsPermalink





(D) an Indian tribe;CommentsClose CommentsPermalink





(E) an institution of higher education; orCommentsClose CommentsPermalink





(F) a nongovernmental organization.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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





(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;CommentsClose CommentsPermalink





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





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





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





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





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





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





(6) EVALUATION-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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

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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

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

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:CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(d) Climate Change Resiliency Planning Grants-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(2) PLAN CONTENT-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





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





`(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; andCommentsClose CommentsPermalink





`(ii) requirements--CommentsClose CommentsPermalink





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





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





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





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





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





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(e) Coastal Resiliency Project Grants-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) PROGRAM REQUIREMENTS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





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





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





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





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





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