S.Amdt. 5951Senate117th Congress (2021-2023)2nd degree

S.Amdt. 5951

What it does: Adds TITLE __--NATURAL RESOURCES wherever appropriate
Submitted September 28, 2022

What it changes

1 change to S.Amdt. 5499

Adds a section
  1. Adds TITLE __--NATURAL RESOURCES wherever appropriate

    Adds a title

    Inserted: TITLE __--NATURAL RESOURCES

    Inserted: Subtitle A--Illegal Fishing and Forced Labor Prevention SEC. __01. DEFINITIONS.

    Inserted: In this subtitle, the following definitions apply:

    Inserted: (1) Oppressive child labor.--The term "oppressive child labor" has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).

    Inserted: (2) Forced labor.--The term "forced labor" means any labor or service provided for or obtained by any means described in section 1589(a) of title 18, United States Code.

    Inserted: (3) Human trafficking.--The term "human trafficking" has the meaning given the term "severe forms of trafficking in persons" in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

    Inserted: (4) Illegal, unreported, or unregulated fishing.--The term "illegal, unreported, or unregulated fishing" has the meaning given such term in section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)).

    Inserted: (5) Seafood.--The term "seafood" means fish meal, and all marine animal and plant life meant for consumption as food other than marine mammals and birds, including fish, shellfish, shellfish products, and processed fish.

    Inserted: (6) Seafood import monitoring program.--The term "Seafood Import Monitoring Program" means the Seafood Traceability Program established under section 300.324 of title 50, Code of Federal Regulations.

    Inserted: (7) Secretary.--The term "Secretary" means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

    Inserted: SEC. __01A. AUTHORIZATION OF APPROPRIATIONS.

    Inserted: There is authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 2023 through 2028 to carry out chapter 1, chapter 2, and the amendments made by those chapters.

    Show 1,629 more inserted paragraphs

    Inserted: CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT MONITORING

    Inserted: SEC. __02. DEFINITIONS.

    Inserted: In this chapter, the following additional definitions apply:

    Inserted: (1) Competent authority.--The term "competent authority" means government and any third party that meets certain governing criteria. Such criteria shall be established by regulation, after outreach to key environmental and labor stakeholders.

    Inserted: (2) Unique vessel identifier.--The term "unique vessel identifier" means a unique number that stays with a vessel for the duration of the vessel's life, regardless of changes in flag, ownership, name, or other changes to the vessel.

    Inserted: SEC. __02A. EXPANSION OF SEAFOOD IMPORT MONITORING PROGRAM TO ALL SPECIES.

    Inserted: The Secretary shall, not later than 2 years after the date of enactment of this Act, expand the Seafood Import Monitoring Program to apply to all seafood and seafood products imported into the United States.

    Inserted: SEC. __02B. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM AUTOMATED COMMERCIAL ENVIRONMENT MESSAGE SET.

    Inserted: The Secretary, in coordination with the Commissioner of U.S. Customs and Border Protection, shall, not later than 6 months after the date of enactment of this Act, develop a strategy to improve the quality and verifiability of already collected Seafood Import Monitoring Program Message Set data elements in the Automated Commercial Environment system that prioritizes the use of enumerated data types, such as checkboxes, dropdown menus, or radio buttons, and any additional elements the Agency finds necessary, among other options, rather than open text fields, for--

    Inserted: (1) authorization to fish;

    Inserted: (2) unique vessel identifier (if available);

    Inserted: (3) catch document identifier;

    Inserted: (4) location of wild-capture harvest and landing or aquaculture location;

    Inserted: (5) type of fishing gear used to harvest the fish;

    Inserted: (6) name of farm or aquaculture facility, if applicable; and

    Inserted: (7) location of aquaculture facility, if applicable.

    Inserted: SEC. __02C. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD IMPORT MONITORING PROGRAM DATA COLLECTION.

    Inserted: (a) In General.--Not later than 1 year after date of enactment of this Act, the Secretary shall revise section 300.324 of title 50, Code of Federal Regulations, to--

    Inserted: (1) require at the time of entry for imported seafood and seafood products--

    Inserted: (A) location of catch or cultivation, including--

    Inserted: (i) geographic location at a resolution of not less than 1 degree latitude by 1 degree longitude;

    Inserted: (ii) the country code of the International Organization for Standardization if the catch was within the exclusive economic zone or territorial waters of a country;

    Inserted: (iii) if appropriate, the regional fisheries management organization or organizations having jurisdiction over the catch, if it occurs within the jurisdiction of any regional fisheries management organization; and

    Inserted: (iv) the Food and Agriculture Organization major fishing area codes;

    Inserted: (B) electronic reports of chain-of-custody records that identify, including with unique vessel identifiers when applicable, each custodian of the seafood, including transshippers, processors, storage facilities, and distributors and the physical address of such facilities;

    Inserted: (C) maritime mobile service identity number of harvesting and transshipment vessels; and

    Inserted: (D) beneficial owner of each harvesting and transshipment vessel or aquaculture facility, when applicable;

    Inserted: (2) require all importers submitting seafood import data to require prior notification and submission of seafood import data at least 72 hours and no more than 15 days prior to entry; and

    Inserted: (3) require verification and certification of harvest information by competent authorities at all major transfer points in the supply chain, including harvest, landing, processing, and transshipment at the time of entry.

    Inserted: (b) Forced Labor.--The Secretary, working in consultation with the Secretary of Homeland Security, the Secretary of Labor, and the Secretary of State, shall, not later than 1 year after the date of enactment of this Act, complete a regulatory process to establish additional key data elements for the Seafood Import Monitoring Program, that collect information about labor conditions in the harvest, transshipment, and processing of imported fish and fish products.

    Inserted: (c) International Fisheries Trade Permit.--Not later than 1 year after the date of enactment of this Act, the Secretary shall--

    Inserted: (1) publish and maintain on the website of the National Marine Fisheries Service a list of all current International Fisheries Trade Permit holders, including the name of the permit holder and expiration date of the permit;

    Inserted: (2) begin to revoke, modify, or deny issuance of an International Fisheries Trade Permit with respect to a permit holder or applicant that has violated any requirement of section 300.322, 300.323, 300.324, or 300.325 of title 50, Code of Federal Regulations; and

    Inserted: (3) require an International Fisheries Trade Permit for importers.

    Inserted: SEC. __02D. IMPORT AUDITS.

    Inserted: (a) Audit Procedures.--The Secretary shall, not later than 1 year after the date of enactment of this Act, implement procedures to audit information and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statistically robust conclusions that the samples audited are representative of all seafood imports with respect to a given year.

    Inserted: (b) Annual Revision.--In developing the procedures required in subsection (a), the Secretary shall, not less frequently than once each year, revise such procedures to prioritize for audit those imports originating from countries--

    Inserted: (1) identified pursuant to sections 609(b) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(b) or 1826k(a)) that have not yet received a subsequent positive certification pursuant to sections 609(d) or 610(c) of such Act, respectively;

    Inserted: (2) identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other countries or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fishing;

    Inserted: (3) identified as having human trafficking, including forced labor, in any part of the seafood supply chain, including on vessels flagged in such country and including feed for cultured production, in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);

    Inserted: (4) identified as producing goods that contain seafood using forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); and

    Inserted: (5) identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries by the report required in section 3563 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).

    Inserted: SEC. __02E. AVAILABILITY OF FISHERIES INFORMATION.

    Inserted: (a) In General.--Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)), as amended by this Act, is further amended--

    Inserted: (1) by striking "or" after the semicolon at the end of subparagraph (G);

    Inserted: (2) by striking the period at the end of subparagraph (H) and inserting "; or"; and

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

    Inserted: "(I) to Federal agencies responsible for screening of imported seafood and for the purpose of carrying out the duties under or with respect to--

    Inserted: "(i) the Seafood Import Monitoring Program;

    Inserted: "(ii) the Antarctic Marine Living Resources Program;

    Inserted: "(iii) the Tuna Tracking and Verification Program;

    Inserted: "(iv) the Atlantic Highly Migratory Species International Trade Program;

    Inserted: "(v) the List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);

    Inserted: "(vi) the Trafficking in Persons Report required by section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107);

    Inserted: "(vii) enforcement activities and regulations authorized under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and

    Inserted: "(viii) the taking and related acts in commercial fishing operations under section 216.24 of title 50, Code of Federal Regulations;

    Inserted: "(J) to Federal, State and local agencies for the purposes of verification and enforcement of title II of this Act; or

    Inserted: "(K) information that pertains to catch documentation and legality of catch, if disclosure of that information would not materially damage the value of catch or business.".

    Inserted: (b) Implementation Deadline.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations implementing the amendments in this section.

    Inserted: SEC. __02F. REPORT ON SEAFOOD IMPORT MONITORING.

    Inserted: (a) Report to Congress and Public Availability of Reports.--The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that summarizes the National Marine Fisheries Service's efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the public website of the National Oceanic and Atmospheric Administration.

    Inserted: (b) Contents.--Each report submitted under subsection (a) shall include--

    Inserted: (1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, described in section 300.324 of title 50, Code of Federal Regulations, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year;

    Inserted: (2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program;

    Inserted: (3) the percentage of import shipments subject to this program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations;

    Inserted: (4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program;

    Inserted: (5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program;

    Inserted: (6) the seafood species with respect to which violations described in paragraphs (4) and (5) were most prevalent;

    Inserted: (7) the location of catch or harvest with respect to which violations described in paragraphs (4) and (5) were most prevalent; and

    Inserted: (8) such other information as the Secretary considers appropriate with respect to monitoring and enforcing compliance with the Seafood Import Monitoring Program.

    Inserted: SEC. __02G. AUTHORIZATION OF APPROPRIATIONS.

    Inserted: There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection to carry out enforcement actions pursuant to section 307 of the Tariff Act $20,000,000 for each of fiscal years 2023 through 2027.

    Inserted: CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT HUMAN TRAFFICKING

    Inserted: SEC. __03. IDENTIFICATION AND CERTIFICATION CRITERIA.

    Inserted: (a) Denial of Port Privileges.--Section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j), as amended by this Act, is further amended--

    Inserted: (1) by striking subsections (a) and (b); and

    Inserted: (2) by inserting before subsection (c) the following:

    Inserted: "(a) Cooperation With Governments.--

    Inserted: "(1) Information collection.--The Secretary, in consultation with the Secretary of State, shall engage with each flag, coastal, port, and market nation that exports seafood to the United States to collect information sufficient to evaluate the effectiveness of such nation's management of fisheries and control systems to prevent illegal, unreported, or unregulated fishing.

    Inserted: "(2) Recommendations.--The Secretary, in consultation with the Secretary of State, shall provide recommendations to such nations to resolve compliance gaps and improve fisheries management and control systems in order to assist such nations in preventing illegal, unreported, or unregulated fishing.

    Inserted: "(b) Identification and Warning.--

    Inserted: "(1) For actions of a fishing vessel.--The Secretary shall identify and list in the report required by section 607 a nation if a fishing vessel of such nation is engaged or has, in the preceding 3 years, engaged in illegal, unreported, or unregulated fishing. The Secretary shall include all nations that qualify for identification, regardless of whether the Secretary has engaged in the process described in this subsection or under subsection (a). Any of the following relevant information is sufficient to form the basis of an identification:

    Inserted: "(A) Compliance reports.

    Inserted: "(B) Data or information from international fishery management organizations, a foreign government, or an organization or stakeholder group.

    Inserted: "(C) Information submitted by the public.

    Inserted: "(D) Information submitted to the Secretary under section 402(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(a)).

    Inserted: "(E) Import data collected by the Secretary pursuant to part 300.324 of title 50, Code of Federal Regulations.

    Inserted: "(F) Information compiled from a Federal agency, including, the Coast Guard and agencies within the Interagency Working Group on Illegal, Unreported, and Unregulated Fishing.

    Inserted: "(2) For actions of a nation.--The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing, including the following:

    Inserted: "(A) Any nation that is failing, or has failed in the preceding 3-year period, to cooperate with the United States Government in providing information about such nation's fisheries management and control systems described in subsection (a).

    Inserted: "(B) Any nation that is violating, or has violated at any point during the preceding 3 years, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement.

    Inserted: "(C) Any nation that is failing, or has failed in the preceding 3-year period, to effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing.

    Inserted: "(D) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port, or coastal state to take action to prevent, deter, and eliminate illegal, unreported, or unregulated fishing.

    Inserted: "(E) Any nation that provides subsidies that--

    Inserted: "(i) contribute to illegal, unreported, or unregulated fishing or increased capacity and overfishing at proportionally higher rates than subsidies that promote fishery resource conservation and management; or

    Inserted: "(ii) that otherwise undermine the effectiveness of any international fishery conservation program.

    Inserted: "(F) Any nation that has been identified as having human trafficking, including forced labor, in any part of the seafood supply chain in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).

    Inserted: "(G) Any nation that has been identified as producing seafood-related goods through forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).

    Inserted: "(H) Any nation that has been identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries in the report required in section 3563 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).

    Inserted: "(3) Warning.--The Secretary shall issue a warning to each nation identified under this subsection.

    Inserted: "(4) Timing.--The Secretary shall make an identification under paragraph (1) or (2) at any time that the Secretary has sufficient information to make such identification.".

    Inserted: (b) Illegal, Unreported, or Unregulated Certification Determination.--Section 609(d) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)), as amended by this Act, is further amended to read as follows:

    Inserted: "(d) IUU Certification Procedure.--

    Inserted: "(1) Certification determination.--

    Inserted: "(A) In general.--The Secretary shall establish a procedure for certifying whether a nation identified under subsection (b) has taken appropriate corrective action with respect to the offending activities identified under section (b) that has led to measurable improvements in the reduction of illegal, unreported, or unregulated fishing and any underlying regulatory, policy, or practice failings or gaps that may have contributed to such identification.

    Inserted: "(B) Opportunity for comment.--The Secretary shall ensure that the procedure established under subparagraph (A) provides for notice and an opportunity for comment by the identified nation.

    Inserted: "(C) Determination.--The Secretary shall, consistent with such procedure, determine and certify to the Congress not later than 90 days after the date on which the Secretary issues a final rule containing the procedure, and biennially thereafter--

    Inserted: "(i) whether the government of each nation identified under subsection (b) has provided documentary evidence that such nation has taken corrective action with respect to such identification; or

    Inserted: "(ii) whether the relevant international fishery management organization has taken corrective action that has ended the illegal, unreported, or unregulated fishing activity by vessels of that nation.

    Inserted: "(2) Alternative procedure.--The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of fish or fish products from a fishery within a nation issued a negative certification under paragraph (1) if the Secretary--

    Inserted: "(A) determines the fishery has not engaged in illegal, unreported, or unregulated fishing under an international fishery management agreement to which the United States is a party;

    Inserted: "(B) determines the fishery is not identified by an international fishery management organization as participating in illegal, unreported, or unregulated fishing activities; and

    Inserted: "(C) ensures that any such seafood or seafood products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of Seafood Import Monitoring Program described in part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulation).

    Inserted: "(3) Effect of certification determination.--

    Inserted: "(A) Effect of negative certification.--The provisions of subsections (a) and (b)(3) and (4) of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall apply to any nation that, after being identified and warned under subsection (b) has failed to take the appropriate corrective actions for which the Secretary has issued a negative certification under this subsection.

    Inserted: "(B) Effect of positive certification.--The provisions of subsections (a) and (b)(3) and (4) of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection.".

    Inserted: SEC. __03A. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING DEFINED.

    Inserted: (a) Definition of Illegal, Unreported, or Unregulated Fishing in the High Seas Driftnet Fishing Moratorium Protection Act.--Section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)), as amended by this Act, is further amended to read as follows:

    Inserted: "(e) Illegal, Unreported, or Unregulated Fishing Defined.--In this title, the term 'illegal, unreported, or unregulated fishing' means any activity set out in paragraph 3 of the 2001 Food and Agriculture Organization International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported, and Unregulated Fishing.".

    Inserted: (b) Definition of Illegal, Unreported, or Unregulated Fishing in the Magnuson-Stevens Fishery Conservation and Management Act.--Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) is amended by adding at the end the following:

    Inserted: "(51) The term 'illegal, unreported, or unregulated fishing' means any activity set out in paragraph 3 of the 2001 Food and Agriculture Organization International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported, and Unregulated Fishing.".

    Inserted: (c) Rule of Construction.--In construing the term "illegal, unreported, or unregulated fishing" for purposes of the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act, the Secretary shall follow internationally recognized labor rights stated in the International Labour Organization Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998), including--

    Inserted: (1) freedom of association and the effective recognition of the right to collective bargaining;

    Inserted: (2) the elimination of all forms of forced or compulsory labor;

    Inserted: (3) the effective abolition of oppressive child labor, a prohibition on the worst forms of child labor, and other labor protections for children and minors;

    Inserted: (4) the elimination of discrimination in respect of employment and occupation; and

    Inserted: (5) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.

    Inserted: SEC. __03B. EQUIVALENT CONSERVATION MEASURES.

    Inserted: (a) Identification.--Section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)), as amended by this Act, is further amended to read as follows:

    Inserted: "(a) Identification.--

    Inserted: "(1) In general.--The Secretary shall identify and list in the report under section 607--

    Inserted: "(A) a nation if--

    Inserted: "(i) any fishing vessel of that country is engaged, or has been engaged during the preceding 3 years in fishing activities or practices on the high seas or within the exclusive economic zone of any country, that have resulted in bycatch of a protected living marine resource; and

    Inserted: "(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable to the regulatory program of the United States; and

    Inserted: "(B) a nation if--

    Inserted: "(i) any fishing vessel of that country is engaged, or has engaged during the preceding 3 years, in fishing activities on the high sees or within the exclusive economic zone of another country that target or incidentally catch sharks; and

    Inserted: "(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port that is comparable to that of the United States.

    Inserted: "(2) Timing.--The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification.".

    Inserted: (b) Consultation and Negotiation.--Section 610(b) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)), as amended by this Act, is further amended to read as follows:

    Inserted: "(b) Consultation and Negotiation.--The Secretary of State, acting in conjunction with the Secretary, shall--

    Inserted: "(1) notify, as soon as possible, the President, nations that have been identified under subsection (a), and other nations whose vessels engage in fishing activities or practices described in subsection (a), about the provisions of this Act;

    Inserted: "(2) initiate discussions as soon as possible with all foreign countries which are engaged in, or a fishing vessel of which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and multilateral treaties with such countries to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act;

    Inserted: "(3) seek agreements calling for international restrictions on fishing activities or practices described in subsection (a) through the United Nations, the Food and Agriculture Organization's Committee on Fisheries, and appropriate international fishery management bodies; and

    Inserted: "(4) initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section.".

    Inserted: (c) Conservation Certification Procedure.--Section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)), as amended by this Act, is further amended--

    Inserted: (1) in subparagraph (A) of paragraph (1), by striking ", taking into account different conditions,";

    Inserted: (2) in paragraph (2), by inserting "the public and" after "comment by";

    Inserted: (3) in paragraph (4)--

    Inserted: (A) in subparagraph (A), by striking ", taking into account different conditions";

    Inserted: (B) in subparagraph (B), by striking the period at the end and inserting "; and"; and

    Inserted: (C) by adding at the end the following:

    Inserted: "(C) ensures that any such fish or fish products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program established by part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulations)."; and

    Inserted: (4) in paragraph (5), by striking "(except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal, unreported, or unregulated fishing)".

    Inserted: (d) Definition of Protected Living Marine Resource.--Section 610(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(e)), as amended by this Act, is further amended by striking paragraph (1) and inserting the following:

    Inserted: "(1) except as provided in paragraph (2), means nontarget fish, sea turtles, seabirds, or marine mammals that are protected under United States law or international agreement, including--

    Inserted: "(A) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);

    Inserted: "(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

    Inserted: "(C) the Shark Finning Prohibition Act (16 U.S.C. 1822 note), including amendments made by that Act; and

    Inserted: "(D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087, TIAS 8249); but".

    Inserted: SEC. __03C. REGULATIONS.

    Inserted: Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations implementing this chapter.

    Inserted: CHAPTER 3--MARITIME AWARENESS

    Inserted: SEC. __04. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.

    Inserted: (a) Requirement for Fishing Vessels To Have Automatic Identification Systems.--Section 70114(a)(1) of title 46, United States Code, is amended--

    Inserted: (1) by striking ", while operating on the navigable waters of the United States,"

    Inserted: (2) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv);

    Inserted: (3) by inserting before clauses (i) through (iv), as redesignated by paragraph (2), the following:

    Inserted: "(A) While operating on the navigable waters of the United States:"; and

    Inserted: (4) by adding at the end the following:

    Inserted: "(B) A vessel of the United States that is more than 65 feet overall in length, while engaged in fishing, fish processing, or fish tendering operations on the navigable waters of the United States or in the United States exclusive economic zone.".

    Inserted: (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce for fiscal year 2023, $5,000,000, to remain available until expended, to purchase automatic identification systems for fishing vessels, fish processing vessels, fish tender vessels more than 50 feet in length, as described under this subtitle and the amendments made by this subtitle.

    Inserted: Subtitle B--Driftnet Modernization and Bycatch Reduction SEC. __12. DEFINITION.

    Inserted: Section 3(25) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(25)) is amended by inserting ", or with a mesh size of 14 inches or greater," after "more".

    Inserted: SEC. __12A. FINDINGS AND POLICY.

    Inserted: (a) Findings.--Section 206(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826(b)) is amended--

    Inserted: (1) in paragraph (6), by striking "and" at the end;

    Inserted: (2) in paragraph (7), by striking the period and inserting "; and"; and

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

    Inserted: "(8) within the exclusive economic zone, large-scale driftnet fishing that deploys nets with large mesh sizes causes significant entanglement and mortality of living marine resources, including myriad protected species, despite limitations on the lengths of such nets.".

    Inserted: (b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826(c)) is amended--

    Inserted: (1) in paragraph (2), by striking "and" at the end;

    Inserted: (2) in paragraph (3), by striking the period and inserting "; and"; and

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

    Inserted: "(4) prioritize the phase-out of large-scale driftnet fishing in the exclusive economic zone and promote the development and adoption of alternative fishing methods and gear types that minimize the incidental catch of living marine resources.".

    Inserted: SEC. __12B. TRANSITION PROGRAM.

    Inserted: Section 206 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826) is amended by adding at the end the following:

    Inserted: "(i) Fishing Gear Transition Program.--

    Inserted: "(1) In general.--During the 5-year period beginning on the date of enactment of this subsection, the Secretary shall conduct a transition program to facilitate the phase-out of large-scale driftnet fishing and adoption of alternative fishing practices that minimize the incidental catch of living marine resources, and shall award grants to eligible permit holders who participate in the program.

    Inserted: "(2) Permissible uses.--Any permit holder receiving a grant under paragraph (1) may use such funds only for the purpose of covering--

    Inserted: "(A) any fee originally associated with a permit authorizing participation in a large-scale driftnet fishery, if such permit is surrendered for permanent revocation, and such permit holder relinquishes any claim associated with the permit;

    Inserted: "(B) a forfeiture of fishing gear associated with a permit described in subparagraph (A); or

    Inserted: "(C) the purchase of alternative gear with minimal incidental catch of living marine resources, if the fishery participant is authorized to continue fishing using such alternative gears.

    Inserted: "(3) Certification.--The Secretary shall certify that, with respect to each participant in the program under this subsection, any permit authorizing participation in a large-scale driftnet fishery has been permanently revoked and that no new permits will be issued to authorize such fishing.".

    Inserted: SEC. __12C. EXCEPTION.

    Inserted: Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(M)) is amended by inserting before the semicolon the following: ", unless such large-scale driftnet fishing--

    Inserted: "(i) deploys, within the exclusive economic zone, a net with a total length of less than 2\1/2\ kilometers and a mesh size of 14 inches or greater; and

    Inserted: "(ii) is conducted not later than 5 years after the date of enactment of this clause.".

    Inserted: SEC. __12D. FEES.

    Inserted: (a) In General.--The North Pacific Fishery Management Council may recommend, and the Secretary of Commerce may approve, regulations necessary for the collection of fees from charter vessel operators who guide recreational anglers who harvest Pacific halibut in International Pacific Halibut Commission regulatory areas 2C and 3A as those terms are defined in part 300 of title 50, Code of Federal Regulations (or any successor regulations).

    Inserted: (b) Use of Fees.--Any fees collected under this section shall be available for the purposes of--

    Inserted: (1) financing administrative costs of the Recreational Quota Entity program;

    Inserted: (2) the purchase of halibut quota shares in International Pacific Halibut Commission regulatory areas 2C and 3A by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations);

    Inserted: (3) halibut conservation and research; and

    Inserted: (4) promotion of the halibut resource by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations).

    Inserted: (c) Limitation on Collection and Availability.--Fees shall be collected and available pursuant to this section only to the extent and in such amounts as provided in advance in appropriations Acts, subject to subsection (d).

    Inserted: (d) Fee Collected During Start-up Period.--Notwithstanding subsection (c), fees may be collected through the date of enactment of an Act making appropriations for the activities authorized under this title through September 30, 2023, and shall be available for obligation and remain available until expended.

    Inserted: Subtitle C--Marine Mammal Research and Response SEC. __13. DATA COLLECTION AND DISSEMINATION.

    Inserted: Section 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a) is amended--

    Inserted: (1) in subsection (b)--

    Inserted: (A) in paragraph (1)(A), by inserting "or entangled" after "stranded";

    Inserted: (B) in paragraph (3)--

    Inserted: (i) by striking "strandings," and inserting "strandings and entanglements, including unusual mortality events,";

    Inserted: (ii) by inserting "stranding" before "region"; and

    Inserted: (iii) by striking "marine mammals; and" and inserting "marine mammals and entangled marine mammals to allow comparison of the causes of illness and deaths in stranded marine mammals and entangled marine mammals with physical, chemical, and biological environmental parameters; and"; and

    Inserted: (C) in paragraph (4), by striking "analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters." and inserting "analyses."; and

    Inserted: (2) by striking subsection (c) and inserting the following:

    Inserted: "(c) Information Required To Be Submitted and Collected.--

    Inserted: "(1) In general.--After each response to a stranding or entanglement event, the Secretary shall collect (including from any staff of the National Oceanic and Atmospheric Administration that respond directly to such an event), and shall require each stranding network participant who responds to that stranding or entanglement to submit to the Administrator of the National Oceanic and Atmospheric Administration--

    Inserted: "(A) data on the stranding event, including NOAA Form 89-864 (OMB #0648-0178), NOAA Form 89-878 (OMB #0648-0178), similar successor forms, or similar information in an appropriate format required by the United States Fish and Wildlife Service for species under its management authority;

    Inserted: "(B) supplemental data to the data described in subparagraph (A), which may include, as available, relevant information about--

    Inserted: "(i) weather and tide conditions;

    Inserted: "(ii) offshore human, predator, or prey activity;

    Inserted: "(iii) morphometrics;

    Inserted: "(iv) behavior;

    Inserted: "(v) health assessments;

    Inserted: "(vi) life history samples; or

    Inserted: "(vii) stomach and intestinal contents; and

    Inserted: "(C) data and results from laboratory analysis of tissues, which may include, as appropriate and available--

    Inserted: "(i) histopathology;

    Inserted: "(ii) toxicology;

    Inserted: "(iii) microbiology;

    Inserted: "(iv) virology; or

    Inserted: "(v) parasitology.

    Inserted: "(2) Timeline.--A stranding network participant shall submit--

    Inserted: "(A) the data described in paragraph (1)(A) not later than 30 days after the date of a response to a stranding or entanglement event;

    Inserted: "(B) the compiled data described in paragraph (1)(B) not later than 30 days after the date on which the data is available to the stranding network participant; and

    Inserted: "(C) the compiled data described in paragraph (1)(C) not later than 30 days after the date on which the laboratory analysis has been reported to the stranding network participant.

    Inserted: "(d) Availability of Data.--

    Inserted: "(1) In general.--The Secretary shall develop a program to make information, including any data and metadata collected under paragraphs (3) or (4) of subsection (b) or subsection (c), available to researchers, stranding network participants, and the public--

    Inserted: "(A) to improve real-time coordination of response to stranding and entanglement events across geographic areas and between stranding coordinators;

    Inserted: "(B) to identify and quickly disseminate information on potential public health risks;

    Inserted: "(C) to facilitate integrated interdisciplinary research;

    Inserted: "(D) to facilitate peer-reviewed publications;

    Inserted: "(E) to archive regional data into 1 national database for future analyses; and

    Inserted: "(F) for education and outreach activities.

    Inserted: "(2) Access to data.--The Secretary shall ensure that any data or metadata collected under subsection (c)--

    Inserted: "(A) by staff of the National Oceanic and Atmospheric Administration that responded directly to a stranding or entanglement event is available to the public through the Health MAP and the Observation System not later than 30 days after that data or metadata is collected by, available to, or reported to the Secretary; and

    Inserted: "(B) by a stranding network participant that responded directly to a stranding or entanglement event is made available to the public through the Health MAP and the Observation System not later than 2 years after the date on which that data is submitted to the Secretary under subsection (c).

    Inserted: "(3) Exceptions.--

    Inserted: "(A) Written release.--Notwithstanding paragraph (2)(B), the Secretary may make data described in paragraph (2)(B) publicly available earlier than 2 years after the date on which that data is submitted to the Secretary under subsection (c), if the stranding network participant has completed a written release stating that such data may be made publicly available.

    Inserted: "(B) Law enforcement.--Notwithstanding paragraph (2), the Secretary may withhold data for a longer period than the period of time described in paragraph (2) in the event of a law enforcement action or legal action that may be related to that data.

    Inserted: "(e) Standards.--The Secretary, in consultation with the marine mammal stranding community, shall--

    Inserted: "(1) make publicly available guidance about uniform data and metadata standards to ensure that data collected in accordance with this section can be archived in a form that is readily accessible and understandable to the public through the Health MAP and the Observation System; and

    Inserted: "(2) periodically update such guidance.

    Inserted: "(f) Management Policy.--In collaboration with the regional stranding networks, the Secretary shall develop, and periodically update, a data management and public outreach collaboration policy for stranding or entanglement events.".

    Inserted: SEC. __13A. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.

    Inserted: (a) In General.--Section 403 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421b) is amended--

    Inserted: (1) in the section heading by inserting "or entanglement" before "response";

    Inserted: (2) in subsection (a), by striking the period at the end and inserting "or entanglement."; and

    Inserted: (3) in subsection (b)--

    Inserted: (A) in paragraph (1), by striking "and" after the semicolon;

    Inserted: (B) in paragraph (2), by striking the period at the end and inserting "; and"; and

    Inserted: (C) by adding at the end the following:

    Inserted: "(3) include a description of the data management and public outreach policy established under section 402(f).".

    Inserted: (b) Table of Contents Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92-522; 86 Stat. 1027) is amended by striking the item related to section 403 and inserting the following:

    Inserted: "Sec. 403. Stranding or entanglement response agreements.".

    Inserted: SEC. __13B. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.

    Inserted: Section 405 the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d) is amended--

    Inserted: (1) by striking subsection (b) and inserting the following:

    Inserted: "(b) Uses.--Amounts in the Fund--

    Inserted: "(1) shall be available only for use by the Secretary, in consultation with the Secretary of the Interior, and dispersed among claimants based on budgets approved by the Secretary prior to expenditure--

    Inserted: "(A) to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs incurred in acting in accordance with the contingency plan issued under section 404(b) or under the direction of an Onsite Coordinator for an unusual mortality event designated under section 404(a)(2)(B)(iii);

    Inserted: "(B) for reimbursing any stranding network participant for costs incurred in the collection, preparation, analysis, and transportation of marine mammal tissues and samples collected with respect to an unusual mortality event for the Tissue Bank; and

    Inserted: "(C) for the care and maintenance of a marine mammal seized under section 104(c)(2)(D); and

    Inserted: "(2) shall remain available until expended."; and

    Inserted: (2) in subsection (c)--

    Inserted: (A) in paragraph (2), by striking "and" at the end;

    Inserted: (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and

    Inserted: (C) by adding at the end the following:

    Inserted: "(4) not more than $250,000 per year, as determined by the Secretary of Commerce, from sums collected as fines, penalties, or forfeitures of property by the Secretary of Commerce for violations of any provision of this Act; and

    Inserted: "(5) sums received from emergency declaration grants for marine mammal conservation.".

    Inserted: SEC. __13C. LIABILITY.

    Inserted: Section 406(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421e(a)) is amended, in the matter preceding paragraph (1)--

    Inserted: (1) by inserting "or entanglement" after "to a stranding"; and

    Inserted: (2) by striking "government" and inserting "Government".

    Inserted: SEC. __13D. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE ANALYSIS.

    Inserted: Section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f) is amended--

    Inserted: (1) in subsection (c)(2)(A), by striking "the health of marine mammals and" and inserting "marine mammal health and mortality and the health of"; and

    Inserted: (2) in subsection (d), in the matter preceding paragraph (1), by inserting "public" before "access".

    Inserted: SEC. __13E. MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM AND RAPID RESPONSE FUND.

    Inserted: (a) In General.--Section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f-1) is amended--

    Inserted: (1) by striking the section heading and inserting "marine mammal rescue and response grant program and rapid response fund";

    Inserted: (2) by striking subsections (a) through (d) and subsections (f) through (h);

    Inserted: (3) by redesignating subsection (e) as subsection (f); and

    Inserted: (4) by inserting before subsection (f), as redesignated by paragraph (3), the following:

    Inserted: "(a) Definitions.--In this section:

    Inserted: "(1) Emergency assistance.--

    Inserted: "(A) In general.--The term 'emergency assistance' means--

    Inserted: "(i) financial assistance provided to respond to, or that results from, a stranding event or entanglement event that--

    Inserted: "(I) causes an immediate increase in the cost of a response, recovery, or rehabilitation that is greater than the usual cost of a response, recovery, or rehabilitation;

    Inserted: "(II) is cyclical or endemic; or

    Inserted: "(III) involves a marine mammal that is out of the normal range for that marine mammal; or

    Inserted: "(ii) financial assistance provided to respond to, or that results from, a stranding event or an entanglement event that the appropriate Secretary or State or Tribal government considers to be an emergency.

    Inserted: "(B) Exclusions.--The term 'emergency assistance' does not include financial assistance to respond to an unusual mortality event.

    Inserted: "(2) Secretary.--The term 'Secretary' has the meaning given that term in section 3(12)(A).

    Inserted: "(3) Stranding region.--The term 'stranding region' means a geographic region designated by the applicable Secretary for purposes of administration of this title.

    Inserted: "(b) John H. Prescott Marine Mammal Rescue and Response Grant Program.--

    Inserted: "(1) In general.--Subject to the availability of appropriations or other funding, the applicable Secretary shall carry out a grant program, to be known as the 'John H. Prescott Marine Mammal Rescue and Response Grant Program' (referred to in this section as the 'grant program'), to award grants to eligible stranding network participants or stranding network collaborators, as described in this subsection.

    Inserted: "(2) Purposes.--The purposes of the grant program are to provide for--

    Inserted: "(A) the recovery, care, or treatment of sick, injured, or entangled marine mammals;

    Inserted: "(B) responses to marine mammal stranding events that require emergency assistance;

    Inserted: "(C) the collection of data and samples from living or dead stranded marine mammals for scientific research or assessments regarding marine mammal health;

    Inserted: "(D) facility operating costs that are directly related to activities described in subparagraph (A), (B), or (C); and

    Inserted: "(E) development of stranding network capacity, including training for emergency response, where facilities do not exist or are sparse.

    Inserted: "(3) Contract, grant, and cooperative agreement authority.--

    Inserted: "(A) In general.--The applicable Secretary may enter into a contract, grant, or cooperative agreement with any eligible stranding network participant or stranding network collaborator, as the Secretary determines to be appropriate, for the purposes described in paragraph (2).

    Inserted: "(B) Emergency award flexibility.--Following a request for emergency award flexibility and analysis of the merits of and necessity for such a request, the applicable Secretary may--

    Inserted: "(i) amend any contract, grant, or cooperative agreement entered into under this paragraph, including provisions concerning the period of performance; or

    Inserted: "(ii) waive the requirements under subsection (f) for grant applications submitted during the provision of emergency assistance.

    Inserted: "(4) Equitable distribution of funds.--

    Inserted: "(A) In general.--The Secretary shall ensure, to the extent practicable, that funds awarded under the grant program are distributed equitably among the stranding regions.

    Inserted: "(B) Considerations.--In determining priorities among the stranding regions under this paragraph, the Secretary may consider--

    Inserted: "(i) equitable distribution within the stranding regions, including the subregions (including the Gulf of Mexico);

    Inserted: "(ii) any episodic stranding, entanglement, or mortality events, except for unusual mortality events, that occurred in any stranding region in the preceding year;

    Inserted: "(iii) any data with respect to average annual stranding, entanglements, and mortality events per stranding region;

    Inserted: "(iv) the size of the marine mammal populations inhabiting a stranding region;

    Inserted: "(v) the importance of the region's marine mammal populations to the well-being of indigenous communities; and

    Inserted: "(vi) the conservation of protected, depleted, threatened, or endangered marine mammal species.

    Inserted: "(C) Strandings.--For the purposes of the grant program, priority is to be given to applications focusing on marine mammal strandings.

    Inserted: "(5) Application.--To be eligible for a grant under the grant program, a stranding network participant shall--

    Inserted: "(A) submit an application in such form and manner as the applicable Secretary prescribes; and

    Inserted: "(B) be in compliance with the data reporting requirements under section 402(d) and any applicable reporting requirements of the United States Fish and Wildlife Service for species under its management jurisdiction.

    Inserted: "(6) Grant criteria.--The Secretary shall, in consultation with the Marine Mammal Commission, a representative from each of the stranding regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science with respect to stranded marine mammals under that Department's jurisdiction, develop criteria for awarding grants under their respective grant programs.

    Inserted: "(7) Limitations.--

    Inserted: "(A) Maximum grant amount.--No grant made under the grant program for a single award may exceed $150,000 in any 12-month period.

    Inserted: "(B) Unexpended funds.--Any funds that have been awarded under the grant program but that are unexpended at the end of the 12-month period described in subparagraph (A) shall remain available until expended.

    Inserted: "(8) Administrative costs and expenses.--The Secretary's administrative costs and expenses related to reviewing and awarding grants under the grant program, in any fiscal year may not exceed the greater of--

    Inserted: "(A) 6 percent of the amounts made available each fiscal year to carry out the grant program; or

    Inserted: "(B) $80,000.

    Inserted: "(9) Transparency.--The Secretary shall make publicly available a list of grant proposals for the upcoming fiscal year, funded grants, and requests for grant flexibility under this subsection.

    Inserted: "(c) Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund.--

    Inserted: "(1) In general.--There is established in the Treasury of the United States an interest-bearing fund, to be known as the 'Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund' (referred to in this section as the 'Rapid Response Fund').

    Inserted: "(2) Use of funds.--Amounts in the Rapid Response Fund shall be available only for use by the Secretary to provide emergency assistance.

    Inserted: "(d) Authorization of Appropriations.--

    Inserted: "(1) In general.--

    Inserted: "(A) Authorization of appropriations.--There is authorized to be appropriated to carry out the grant program $7,000,000 for each of fiscal years 2021 through 2026, to remain available until expended, of which for each fiscal year--

    Inserted: "(i) $6,000,000 is authorized to be appropriated to the Secretary of Commerce; and

    Inserted: "(ii) $1,000,000 is authorized to be appropriated to the Secretary of the Interior.

    Inserted: "(B) Derivation of funds.--Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated pursuant to subparagraph (A) that are enacted after the date of enactment of this subsection.

    Inserted: "(2) Joseph r. geraci marine mammal rescue and rapid response fund.--There is authorized to be appropriated to the Rapid Response Fund $500,000 for each of fiscal years 2022 through 2026.

    Inserted: "(e) Acceptance of Donations.--For the purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.".

    Inserted: (b) Table of Contents Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92-522) is further amended by striking the item related to section 408 and inserting the following:

    Inserted: "Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund.".

    Inserted: SEC. __13F. HEALTH MAP.

    Inserted: (a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421 et seq.) is amended by inserting after section 408 the following:

    Inserted: "SEC. 408A. MARINE MAMMAL HEALTH MONITORING AND ANALYSIS PLATFORM (HEALTH MAP).

    Inserted: "(a) In General.--Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall--

    Inserted: "(1) establish a marine mammal health monitoring and analysis platform (referred to in this Act as the 'Health MAP');

    Inserted: "(2) incorporate the Health MAP into the Observation System; and

    Inserted: "(3) make the Health MAP--

    Inserted: "(A) publicly accessible through the web portal of the Observation System; and

    Inserted: "(B) interoperable with other national data systems or other data systems for management or research purposes, as practicable.

    Inserted: "(b) Purposes.--The purposes of the Health MAP are--

    Inserted: "(1) to promote--

    Inserted: "(A) interdisciplinary research among individuals with knowledge and experience in marine mammal science, marine mammal veterinary and husbandry practices, medical science, and oceanography, and with other marine scientists;

    Inserted: "(B) timely and sustained dissemination and availability of marine mammal health, stranding, entanglement, and mortality data;

    Inserted: "(C) identification of spatial and temporal patterns of marine mammal mortality, disease, and stranding;

    Inserted: "(D) evaluation of marine mammal health in terms of mortality, as well as sublethal marine mammal health impacts;

    Inserted: "(E) improved collaboration and forecasting of marine mammal and larger ecosystem health events;

    Inserted: "(F) rapid communication and dissemination of information regarding marine mammal strandings that may have implications for human health, such as those caused by harmful algal blooms; and

    Inserted: "(G) increased accessibility of data in a user friendly visual interface for public education and outreach; and

    Inserted: "(2) to contribute to an ocean health index that incorporates marine mammal health data.

    Inserted: "(c) Requirements.--The Health MAP shall--

    Inserted: "(1) integrate in situ, remote, and other marine mammal health, stranding, and mortality data, including visualizations and metadata, collected by marine mammal stranding networks, Federal, State, local, territorial, and Tribal governments, private partners, and academia; and

    Inserted: "(2) be designed--

    Inserted: "(A) to enhance data and information availability, including data sharing among stranding network participants, scientists, and the public within and across stranding network regions;

    Inserted: "(B) to facilitate data and information access across scientific disciplines, scientists, and managers;

    Inserted: "(C) to facilitate public access to national and regional marine mammal health, stranding, entanglement, and mortality data, including visualizations and metadata, through the national and regional data portals of the Observation System; and

    Inserted: "(D) in collaboration with, and with input from, States and stranding network participants.

    Inserted: "(d) Procedures and Guidelines.--The Secretary shall establish and implement policies, protocols, and standards for--

    Inserted: "(1) reporting marine mammal health data collected by stranding networks consistent with subsections (c) and (d) of section 402;

    Inserted: "(2) promptly transmitting health data from the stranding networks and other appropriate data providers to the Health MAP;

    Inserted: "(3) disseminating and making publicly available data on marine mammal health, stranding, entanglement, and mortality data in a timely and sustained manner; and

    Inserted: "(4) integrating additional marine mammal health, stranding, or other relevant data as the Secretary determines appropriate.

    Inserted: "(e) Consultation.--The Administrator of the National Oceanic and Atmospheric Administration shall maintain and update the Health MAP in consultation with the Secretary of the Interior and the Marine Mammal Commission.

    Inserted: "(f) Contributions.--For purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.".

    Inserted: (b) Table of Contents Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92-522) is further amended by inserting after the item related to section 408 the following:

    Inserted: "Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform (Health MAP).".

    Inserted: SEC. __13G. REPORTS TO CONGRESS.

    Inserted: (a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421 et seq.) is further amended by inserting after section 408A the following:

    Inserted: "SEC. 408B. REPORTS TO CONGRESS.

    Inserted: "(a) Definition of Appropriate Committees of Congress.--In this section, the term 'appropriate committees of Congress' means--

    Inserted: "(1) the Committee on Commerce, Science, and Transportation of the Senate; and

    Inserted: "(2) the Committee on Natural Resources of the House of Representatives.

    Inserted: "(b) Health MAP Status Report.--

    Inserted: "(1) In general.--Not later than 2 year after the date of enactment of this section, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and the National Ocean Research Leadership Council, shall submit to the appropriate committees of Congress a report describing the status of the Health MAP.

    Inserted: "(2) Requirements.--The report under paragraph (1) shall include--

    Inserted: "(A) a detailed evaluation of the data made publicly available through the Health MAP;

    Inserted: "(B) a detailed list of any gaps in data collected pursuant to the Health MAP, a description of the reasons for those gaps, and recommended actions to close those gaps;

    Inserted: "(C) an analysis of the effectiveness of using the website of the Observation System as the platform to collect, organize, visualize, archive, and disseminate marine mammal stranding and health data;

    Inserted: "(D) a list of publications, presentations, or other relevant work product resulting from, or produced in collaboration with, the Health MAP;

    Inserted: "(E) a description of emerging marine mammal health concerns and the applicability of those concerns to human health;

    Inserted: "(F) an analysis of the feasibility of the Observation System being used as an alert system during stranding events, entanglement events, and unusual mortality events for the stranding network, Observation System partners, Health MAP partners, Federal and State agencies, and local, territorial, and Tribal governments;

    Inserted: "(G) an evaluation of the use of Health MAP data to predict broader ecosystem events and changes that may impact marine mammal or human health and specific examples of proven or potential uses of Observation System data for those purposes; and

    Inserted: "(H) recommendations for the Health MAP with respect to--

    Inserted: "(i) filling any identified data gaps;

    Inserted: "(ii) standards that could be used to improve data quality, accessibility, transmission, interoperability, and sharing;

    Inserted: "(iii) any other strategies that would contribute to the effectiveness and usefulness of the Health MAP; and

    Inserted: "(iv) the funding levels needed to maintain and improve the Health MAP.

    Inserted: "(c) Data Gap Analysis.--

    Inserted: "(1) In general.--Not later than 5 years after the date on which the report required under subsection (b)(1) is submitted, and every 10 years thereafter, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the Secretary of Commerce, shall--

    Inserted: "(A) make publicly available a report on the data gap analysis described in paragraph (2); and

    Inserted: "(B) provide a briefing to the appropriate committees of Congress concerning that data gap analysis.

    Inserted: "(2) Requirements.--The data gap analysis under paragraph (1) shall include--

    Inserted: "(A) an overview of existing participants within a marine mammal stranding network;

    Inserted: "(B) an identification of coverage needs and participant gaps within a network;

    Inserted: "(C) an identification of data and reporting gaps from members of a network; and

    Inserted: "(D) an analysis of how stranding and health data are shared and made available to scientists, academics, State, local, territorial, and Tribal governments, and the public.

    Inserted: "(d) Marine Mammal Response Capabilities in the Arctic.--

    Inserted: "(1) In general.--Not later than 1 year after the date of enactment of this section, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geologic Survey, in consultation with the Marine Mammal Commission and the Secretary of the Interior, shall--

    Inserted: "(A) make publicly available a report describing the response capabilities for sick and injured marine mammals in the Arctic regions of the United States; and

    Inserted: "(B) provide a briefing to the appropriate committees of Congress on that report.

    Inserted: "(2) Arctic.--The term 'Arctic' has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

    Inserted: "(3) Requirements.--The report under paragraph (1) shall include--

    Inserted: "(A) a description, developed in consultation with the Director of the United States Fish and Wildlife Service, of all marine mammal stranding agreements in place for the Arctic region of the United States, including species covered, response capabilities, facilities and equipment, and data collection and analysis capabilities;

    Inserted: "(B) a list of State and local government agencies that have personnel trained to respond to marine mammal strandings in the Arctic region of the United States;

    Inserted: "(C) an assessment of potential response and data collection partners and sources of local information and knowledge, including Alaska Native people and villages;

    Inserted: "(D) an analysis of spatial and temporal trends in marine mammal strandings and unusual mortality events that are correlated with changing environmental conditions in the Arctic region of the United States;

    Inserted: "(E) a description of training and other resource needs to meet emerging response requirements in the Arctic region of the United States;

    Inserted: "(F) an analysis of oiled marine mammal response and rehabilitation capabilities in the Arctic region of the United States, including personnel, equipment, facilities, training, and husbandry capabilities, and an assessment of factors that affect response and rehabilitation success rates; and

    Inserted: "(G) recommendations to address future stranding response needs for marine mammals in the Arctic region of the United States.".

    Inserted: (b) Table of Contents Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92-522) is further amended by inserting after the item related to section 408A the following:

    Inserted: "Sec. 408B. Reports to Congress.".

    Inserted: SEC. __13H. AUTHORIZATION OF APPROPRIATIONS.

    Inserted: Section 409 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421g) is amended--

    Inserted: (1) in paragraph (1), by striking "1993 and 1994;" and inserting "2022 through 2026;";

    Inserted: (2) in paragraph (2), by striking "1993 and 1994;" and inserting "2022 through 2026;"; and

    Inserted: (3) in paragraph (3), by striking "fiscal year 1993." and inserting "for each of fiscal years 2022 through 2026.".

    Inserted: SEC. __13I. DEFINITIONS.

    Inserted: Section 410 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421h) is amended--

    Inserted: (1) by redesignating paragraphs (1) through (6) as paragraphs (2), (5), (6), (7), (8), and (9), respectively;

    Inserted: (2) by inserting before paragraph (2) (as so redesignated) the following:

    Inserted: "(1) The term 'entangle' or 'entanglement' means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to the marine mammal and is--

    Inserted: "(A) on lands under the jurisdiction of the United States, including beaches and shorelines; or

    Inserted: "(B) in waters under the jurisdiction of the United States, including any navigable waters.";

    Inserted: (3) in paragraph (2) (as so redesignated) by striking "The term" and inserting "Except as used in section 408, the term";

    Inserted: (4) by inserting after paragraph (2) (as so redesignated) the following:

    Inserted: "(3) The term 'Health MAP' means the Marine Mammal Health Monitoring and Analysis Platform established under section 408A(a)(1).

    Inserted: "(4) The term 'Observation System' means the National Integrated Coastal and Ocean Observation System established under section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603).".

    Inserted: SEC. __13J. STUDY ON MARINE MAMMAL MORTALITY.

    Inserted: (a) In General.--Not later than 12 months after the date of enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall, in consultation with the Secretary of the Interior and the Marine Mammal Commission, conduct a study evaluating the connections among marine heat waves, frequency and intensity of harmful algal blooms, prey availability, and habitat degradation, and the impacts of these conditions on marine mammal mortality.

    Inserted: (b) Report.--The Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall prepare, post to a publicly available website, and brief the appropriate committees of Congress on, a report containing the results of the study described in subsection (a). The report shall identify priority research activities, opportunities for collaboration, and current gaps in effort and resource limitations related to advancing scientific understanding of how ocean heat waves, harmful algae blooms, availability of prey, and habitat degradation impact marine mammal mortality. The report shall include recommendations for policies needed to mitigate and respond to mortality events.

    Inserted: Subtitle D--Reauthorization of Coral Reef Conservation Act of 2000 SEC. __14. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000.

    Inserted: (a) Purposes; Federal Coral Reef Management and Restoration Activities.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by striking sections 202 and 203 and inserting the following:

    Inserted: "SEC. 202. PURPOSES.

    Inserted: "The purposes of this title are--

    Inserted: "(1) to conserve and restore the condition of United States coral reef ecosystems challenged by natural and human-accelerated changes, including increasing ocean temperatures, ocean acidification, coral bleaching, coral diseases, water quality degradation, invasive species, and illegal, unreported, and unregulated fishing;

    Inserted: "(2) to promote the science-based management and sustainable use of coral reef ecosystems to benefit local communities and the Nation, including through improved integration and cooperation among Federal, State, and locally managed jurisdictions with coral reef equities;

    Inserted: "(3) to develop sound scientific information on the condition of coral reef ecosystems, continuing and emerging threats to such ecosystems, and the efficacy of innovative tools, technologies, and strategies to mitigate stressors and restore such ecosystems, including evaluation criteria to determine the effectiveness of management interventions, and accurate mapping for coral reef restoration;

    Inserted: "(4) to assist in the preservation of coral reefs by supporting science-based, consensus-driven State, Tribal, Pacific Islander, territorial, and community-based coral reef management, including monitoring, conservation, and restoration projects that empower local communities, small businesses, and nongovernmental organizations;

    Inserted: "(5) to provide financial resources, technical assistance, and scientific expertise to supplement and strengthen State, Tribal, Indigenous, and community-based management programs and conservation and restoration projects;

    Inserted: "(6) to establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation and restoration projects;

    Inserted: "(7) to support the rapid and effective, science-based assessment and response to emergencies that imminently threaten coral reefs, such as coral disease outbreaks, invasive species, hurricanes, marine heat waves, coral bleaching, and other natural disasters, vessel groundings or chemical spills, and other exigent circumstances; and

    Inserted: "(8) to serve as a model for advancing similar international efforts to monitor, conserve, and restore coral reef ecosystems in the jurisdictions of United States allies and trading partners.

    Inserted: "SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION ACTIVITIES.

    Inserted: "(a) In General.--The Administrator or the Secretary of the Interior may conduct activities described in subsection (b) to conserve and restore coral reefs and coral reef ecosystems that are consistent with--

    Inserted: "(1) all applicable laws governing resource management in Federal and State waters, including this Act;

    Inserted: "(2) the national coral reef resilience strategy in effect under section 204A;

    Inserted: "(3) coral reef action plans in effect under section 205, as applicable; and

    Inserted: "(4) coral reef emergency plans in effect under section 209, as applicable.

    Inserted: "(b) Activities Described.--Activities described in this subsection are activities to conserve, research, monitor, assess, and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of a Federal agency specified in subsection (c) or in coordination with a State in waters managed under the jurisdiction of such State, including--

    Inserted: "(1) developing, including through the collection of requisite data, high-quality and digitized maps reflecting--

    Inserted: "(A) current and historical live coral cover data;

    Inserted: "(B) coral reef habitat quality data;

    Inserted: "(C) priority areas for coral reef conservation to maintain biodiversity and ecosystem structure and function, including the reef matrix itself, that benefit coastal communities and living marine resources;

    Inserted: "(D) priority areas for coral reef restoration to enhance biodiversity and ecosystem structure and function, including the reef matrix itself, to benefit coastal communities and living marine resources; and

    Inserted: "(E) areas of concern that may require enhanced monitoring of coral health and cover;

    Inserted: "(2) enhancing compliance with Federal laws that prohibit or regulate--

    Inserted: "(A) the taking of coral products or species associated with coral reefs; or

    Inserted: "(B) the use and management of coral reef ecosystems;

    Inserted: "(3) long-term ecological monitoring of coral reef ecosystems;

    Inserted: "(4) implementing species-specific recovery plans for listed coral species consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

    Inserted: "(5) restoring degraded coral reef ecosystems;

    Inserted: "(6) promoting ecologically sound navigation and anchorages, including mooring buoy systems to promote enhanced recreational access, near coral reefs;

    Inserted: "(7) monitoring and responding to severe bleaching or mortality events, disease outbreaks, invasive species outbreaks, and significant maritime accidents, including chemical spill cleanup and the removal of grounded vessels;

    Inserted: "(8) conducting scientific research that contributes to the understanding, sustainable use, and long-term conservation of coral reefs;

    Inserted: "(9) enhancing public awareness, understanding, and appreciation of coral reefs and coral reef ecosystems;

    Inserted: "(10) preventing or minimizing the likelihood of vessel impacts or other physical damage to coral reefs through navigational aids and expansion of reef-safe anchorages; and

    Inserted: "(11) centrally archiving, managing, and distributing data sets and coral reef ecosystem assessments and publishing such information on publicly available internet websites of--

    Inserted: "(A) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and

    Inserted: "(B) the Task Force.

    Inserted: "(c) Federal Agencies Specified.--A Federal agency specified in this subsection is one of the following:

    Inserted: "(1) The National Oceanic and Atmospheric Administration.

    Inserted: "(2) The National Park Service.

    Inserted: "(3) The United States Fish and Wildlife Service.

    Inserted: "(4) The Office of Insular Affairs.".

    Inserted: (b) Additional Provisions.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by striking sections 205 through 210 and inserting the following:

    Inserted: "SEC. 204A. NATIONAL CORAL REEF RESILIENCE STRATEGY.

    Inserted: "(a) In General.--The Administrator shall--

    Inserted: "(1) develop a national coral reef resilience strategy; and

    Inserted: "(2) periodically, but not less frequently than every 15 years, review and revise the strategy.

    Inserted: "(b) Elements.--The strategy required by subsection (a) shall include the following:

    Inserted: "(1) A discussion addressing--

    Inserted: "(A) continuing and emerging threats to the resilience of United States coral reef ecosystems;

    Inserted: "(B) remaining gaps in coral reef ecosystem research, monitoring, and assessment;

    Inserted: "(C) the status of management cooperation and integration among Federal, State, Tribal, and locally managed jurisdictions with coral reef equities;

    Inserted: "(D) the status of efforts to manage and disseminate critical information, and enhance interjurisdictional data sharing, related to research, reports, datasets, and maps;

    Inserted: "(E) areas of special focus, which may include--

    Inserted: "(i) improving natural coral recruitment;

    Inserted: "(ii) preventing avoidable losses of corals and their habitat;

    Inserted: "(iii) enhancing the resilience of coral populations;

    Inserted: "(iv) supporting a resilience-based management approach;

    Inserted: "(v) developing, coordinating, and implementing watershed management plans;

    Inserted: "(vi) building and sustaining watershed management capacity at the local level;

    Inserted: "(vii) providing data essential for coral reef fisheries management;

    Inserted: "(viii) building capacity for coral reef fisheries management;

    Inserted: "(ix) increasing understanding of coral reef ecosystem services;

    Inserted: "(x) educating the public on the importance of coral reefs, threats to coral reefs, and solutions to such threats; and

    Inserted: "(xi) evaluating intervention efficacy;

    Inserted: "(F) the status of conservation efforts, including the use of marine protected areas to serve as replenishment zones developed consistent with local practices and traditions and in cooperation with, and with respect for the scientific, technical, and management expertise and responsibilities of, State fish and wildlife management agencies; and

    Inserted: "(G) science-based adaptive management and restoration efforts.

    Inserted: "(2) A statement of national goals and objectives designed to guide--

    Inserted: "(A) future Federal coral reef management and restoration activities authorized under section 203;

    Inserted: "(B) conservation and restoration priorities for grants awarded under section 213; and

    Inserted: "(C) research priorities for the cooperative institutes established under section 215(c).

    Inserted: "(3) General templates for use by covered reef managers to guide the development of--

    Inserted: "(A) coral reef action plans under section 205; and

    Inserted: "(B) coral reef emergency plans under section 209.

    Inserted: "(c) Consultations.--In developing all elements of the strategy required by subsection (a), the Administrator shall--

    Inserted: "(1) consult with the Secretary of the Interior, the Task Force, covered States, and Tribal organizations;

    Inserted: "(2) engage stakeholders, including coral reef stewardship partnerships, coral reef institutes and research centers described in section 215(c), and coral reef conservation grant awardees; and

    Inserted: "(3) solicit public review and comment regarding scoping and the draft strategy.

    Inserted: "(d) Submission to Congress; Publication.--The Administrator shall--

    Inserted: "(1) submit the strategy required by subsection (a) and any revisions to the strategy to the appropriate congressional committees; and

    Inserted: "(2) publish the strategy and any such revisions on publicly available internet websites of--

    Inserted: "(A) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and

    Inserted: "(B) the Task Force.

    Inserted: "(e) Transition Rule.--On and after the date of the enactment of this subsection, the 2018 Coral Reef Conservation Program Strategic Plan of the National Oceanic and Atmospheric Administration shall be considered to be the national coral reef resilience strategy in effect under this section until the earlier of--

    Inserted: "(1) September 30, 2033; or

    Inserted: "(2) the date on which the Administrator develops a national coral reef resilience strategy under this section.

    Inserted: "SEC. 205. CORAL REEF ACTION PLANS.

    Inserted: "(a) Coral Reef Action Plans.--Except as provided in subsection (h), not later than 3 years after the date of the enactment of this section, and not later than 2 years after the publication of a revised national coral reef resilience strategy under section 204A, each covered reef manager shall prepare and submit to the Task Force a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager.

    Inserted: "(b) Requirements.--A covered reef manager preparing a coral reef action plan under subsection (a) shall--

    Inserted: "(1) ensure that the plan is consistent with all elements of the national coral reef resilience strategy in effect; and

    Inserted: "(2) revise the plan not less frequently than once every 5 years.

    Inserted: "(c) Plan Elements.--A coral reef action plan under subsection (a) shall include a discussion of the following elements:

    Inserted: "(1) Short- and mid-term coral reef conservation and restoration objectives within the applicable jurisdiction.

    Inserted: "(2) An updated adaptive management framework to inform research, monitoring, and assessment needs.

    Inserted: "(3) The status of any coral reef emergency plans in effect under section 209 covering coral reef ecosystems within the applicable jurisdiction.

    Inserted: "(4) Tools, strategies, and partnerships necessary to identify, monitor, and redress the impacts of pollution, diminished water quality, temperature fluctuations, acidification, overfishing, disease, and other disturbances to coral reef ecosystems within the applicable jurisdiction.

    Inserted: "(5) The status of efforts to improve coral reef ecosystem management cooperation and integration among neighboring Federal, State, Tribal, or locally managed jurisdictions, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the applicable jurisdiction.

    Inserted: "(6) An accounting of annual expenditures on coral reef management and restoration activities within the applicable jurisdiction while the preceding action plan, if any, was in effect.

    Inserted: "(7) Estimated budgetary and resource considerations necessary to carry out the proposed action plan.

    Inserted: "(d) Technical Assistance.--The Administrator and the Task Force shall make all reasonable efforts to provide technical assistance upon request by a covered reef manager developing a coral reef action plan under subsection (a).

    Inserted: "(e) Adoption of Coral Reef Action Plans.--A covered reef manager may adopt a coral reef action plan developed by another covered reef manager, in full or in part, as relevant to the adopting manager's applicable jurisdiction.

    Inserted: "(f) Public Review.--The development of a coral reef action plan by a covered reef manager under subsection (a), and the adoption of a plan under subsection (e), shall be subject to public review and comment.

    Inserted: "(g) Publication.--The Administrator shall publish each coral reef action plan prepared and submitted to the Task Force under this section on publicly available internet websites of--

    Inserted: "(1) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and

    Inserted: "(2) the Task Force.

    Inserted: "(h) Applicability to Covered States and Coral Reef Stewardship Partnerships.--A covered State or non-Federal coral reef stewardship partnership is not required to develop a coral reef action plan under subsection (a), but may do so in its own discretion. In developing a coral reef action plan, a covered State or non-Federal coral reef stewardship partnership is encouraged, but not mandated, to comply with the requirements of this section.

    Inserted: "(i) Plan in Effect.--A coral reef action plan shall be deemed to be in effect if the plan was submitted to the Task Force under this section during the preceding 6 years.

    Inserted: "SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.

    Inserted: "(a) Coral Reef Stewardship Partnerships.--The Administrator shall establish standards for the identification of coral reefs and the formation of partnerships among government and community members for the stewardship of coral reefs (in this title referred to as 'coral reef stewardship partnerships') in accordance with this section, including guidance for preparation and submission of coral reef action plans under section 205 for review and approval by the Administrator.

    Inserted: "(b) Identification of Coral Reefs.--Each coral reef stewardship partnership shall identify with particularity the coral reef or ecologically significant component of a coral reef that will be the subject of its stewardship activities.

    Inserted: "(c) Membership for Federal Coral Reefs.--A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant component of a coral reef that is fully or partially under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following:

    Inserted: "(1) That Federal agency, a representative of which shall serve as chair of the coral reef stewardship partnership.

    Inserted: "(2) A State, county, or Tribal organization's resource management agency.

    Inserted: "(3) A coral reef research center described in section 215(c)(4) or another institution of higher education.

    Inserted: "(4) A nongovernmental organization.

    Inserted: "(5) Such other members as the partnership considers appropriate, such as interested stakeholder groups.

    Inserted: "(d) Membership for Non-Federal Coral Reefs.--

    Inserted: "(1) In general.--A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant component of a coral reef that is not under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following:

    Inserted: "(A) A State, county, or Tribal organization's resource management agency, a representative of which shall serve as the chair of the coral reef stewardship partnership.

    Inserted: "(B) A coral reef research center described in section 215(c)(4) or another institution of higher education.

    Inserted: "(C) A nongovernmental organization.

    Inserted: "(D) Such other members as the partnership considers appropriate, such as interested stakeholder groups.

    Inserted: "(2) Additional members.--

    Inserted: "(A) In general.--Subject to subparagraph (B), a coral reef stewardship partnership described in paragraph (1) may also include representatives of one or more Federal agencies that have management responsibility in the coral reef that is the subject of the partnership's stewardship activities.

    Inserted: "(B) Requests; approval.--A representative of a Federal agency described in subparagraph (A) may become a member of a coral reef stewardship partnership described in paragraph (1) if--

    Inserted: "(i) the representative submits a request to become a member to the chair of the partnership referred to in paragraph (1)(A); and

    Inserted: "(ii) the chair consents to the request.

    Inserted: "(e) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coral reef stewardship partnerships.

    Inserted: "SEC. 207. BLOCK GRANTS AND COOPERATIVE AGREEMENTS.

    Inserted: "(a) In General.--The Administrator shall provide block grants of financial assistance to covered States to support management and restoration activities and further the implementation of coral reef action plans in effect under section 205 by covered States and non-Federal coral reef stewardship partnerships.

    Inserted: "(b) Eligibility for Additional Amounts.--

    Inserted: "(1) In general.--A covered State shall qualify for and receive additional grant amounts beyond the base award specified in subsection (c)(1) if there is at least one coral reef action plan in effect within the jurisdiction of the covered State developed by that covered State or a non-Federal coral reef stewardship partnership.

    Inserted: "(2) Waiver.--In any fiscal year before fiscal year 2025, the Administrator shall waive the requirement to qualify for and receive additional grant amounts described in paragraph (1).

    Inserted: "(c) Funding Formula.--The amount of each block grant awarded to a covered State under this section shall be the sum of--

    Inserted: "(1) a base award of $100,000; and

    Inserted: "(2) if the State is eligible under subsection (b)--

    Inserted: "(A) an amount that is equal to non-Federal expenditures of up to $3,000,000 on coral reef management and restoration activities within the jurisdiction of the State during the previous fiscal year, and

    Inserted: "(B) an additional amount, from any funds appropriated for activities under this section that remain after distribution under subparagraph (A), paragraph (1), and subsection (g)based on the proportion of the State's share of total non-Federal expenditures on coral reef management and restoration activities, as reported within the previous fiscal year, in excess of $3,000,000, relative to other covered States.

    Inserted: "(d) Exclusions.--For the purposes of calculating block grant amounts under subsection (c), Federal funds provided to a covered State or non-Federal coral reef stewardship partnership shall not be considered as qualifying non-Federal expenditures, but non-Federal matching funds used to leverage Federal awards may be considered as qualifying non-Federal expenditures.

    Inserted: "(e) Responsibilities of the Administrator.--The Administrator is responsible for--

    Inserted: "(1) providing guidance on qualifying non-Federal expenditures and the proper documentation of such expenditures;

    Inserted: "(2) issuing annual solicitations to covered States for additional awards under this section; and

    Inserted: "(3) determining the appropriate allocation of additional amounts among covered States in accordance with this section.

    Inserted: "(f) Responsibilities of Covered States.--Each covered State is responsible for documenting non-Federal expenditures within the jurisdiction of the State and formally reporting those expenditures for review in response to annual solicitations by the Administrator under subsection (e).

    Inserted: "(g) Cooperative Agreements.--The Administrator may enter into cooperative agreements with States to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such States that are consistent with the national coral reef resilience strategy in effect under section 204A.

    Inserted: "SEC. 208. CORAL REEF STEWARDSHIP FUND.

    Inserted: "(a) Authority To Enter Into Agreements.--The Administrator may enter into an agreement with the National Fish and Wildlife Foundation (in this section referred to as the 'Foundation'), authorizing the Foundation to receive, hold, and administer funds received under this section.

    Inserted: "(b) Fund.--The Foundation shall invest, reinvest, and otherwise administer the funds received under this section and maintain such funds and any interest or revenues earned in a separate interest-bearing account, to be known as the 'Coral Reef Stewardship Fund' (in this section referred to as the 'Fund', and known before the date of the enactment of this section as the Coral Reef Conservation Fund administered through a public-private partnership with the Foundation), established by the Foundation solely to support coral reef stewardship partnership activities that--

    Inserted: "(1) further the purposes of this title; and

    Inserted: "(2) are consistent with--

    Inserted: "(A) the national coral reef resilience strategy in effect under section 204A; and

    Inserted: "(B) coral reef action plans in effect, if any, under section 205 covering a coral reef or ecologically significant component of a coral reef to be impacted by such activities, if applicable.

    Inserted: "(c) Authorization To Solicit Donations.--

    Inserted: "(1) In general.--Pursuant to an agreement entered into under subsection (a), the Foundation may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services) to further the purposes of this title.

    Inserted: "(2) Deposits in fund.--Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund.

    Inserted: "(3) Notification required.--Not later than 30 days after funds are deposited in the Fund under paragraph (2), the Foundation shall notify the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives of the source and amount of such funds.

    Inserted: "(d) Review of Performance.--The Administrator shall conduct a continuing review of all deposits into, and disbursements from, the Fund. Each review shall include a written assessment concerning the extent to which the Foundation has implemented the goals and requirements of--

    Inserted: "(1) this section; and

    Inserted: "(2) the national coral reef resilience strategy in effect under section 204A.

    Inserted: "(e) Administration.--Under an agreement entered into pursuant to subsection (a), the Administrator may transfer funds appropriated to carry out this title to the Foundation. Amounts received by the Foundation under this subsection may be used for matching, in whole or in part, contributions (whether in money, services, or property) made to the Foundation by private persons, State or local government agencies, or Tribal organizations.

    Inserted: "SEC. 209. CORAL REEF EMERGENCY PLANS.

    Inserted: "(a) In General.--A covered reef manager may develop and periodically update a plan (in this title referred to as a 'coral reef emergency plan') consistent with the template described in section 204A(b)(3) to guide the rapid and effective response to circumstances that pose an urgent and immediate threat to the coral reef ecosystems within the manager's responsibilities and jurisdictions, and consistent with any applicable coral reef action plan.

    Inserted: "(b) Coral Reef Emergencies.--The Administrator shall develop a list of, and criteria for, circumstances that pose an urgent and immediate threat to coral reefs (in this title referred to as 'coral reef emergencies'), including--

    Inserted: "(1) new and ongoing outbreaks of disease;

    Inserted: "(2) new and ongoing outbreaks of invasive or nuisance species;

    Inserted: "(3) new and ongoing coral bleaching events;

    Inserted: "(4) natural disasters;

    Inserted: "(5) man-made disasters, including vessel groundings, hazardous spills, or coastal construction accidents; and

    Inserted: "(6) other exigent circumstances.

    Inserted: "(c) Best Response Practices.--The Administrator shall develop guidance on best practices to respond to coral reef emergencies that can be adopted within coral reef emergency plans. Such best practices shall be--

    Inserted: "(1) based on the best available science and integrated with evolving innovative technologies; and

    Inserted: "(2) revised not less frequently than once every 5 years.

    Inserted: "(d) Plan Elements.--A coral reef emergency plan shall include the following elements:

    Inserted: "(1) A description of particular threats, and the proposed responses, consistent with the best practices developed under subsection (d).

    Inserted: "(2) A delineation of roles and responsibilities for executing the plan.

    Inserted: "(3) Evidence of engagement with interested stakeholder groups, as applicable, in the development of the plan.

    Inserted: "(4) Any other information the Administrator considers to be necessary for the plan.

    Inserted: "(e) Technical Assistance.--The Administrator and the Task Force shall make all reasonable efforts to provide technical assistance upon request by a covered reef manager developing a coral reef emergency plan under subsection (a).

    Inserted: "(f) Adoption of Coral Reef Emergency Plans.--A covered reef manager may adopt a coral reef emergency plan developed by another covered reef manager, in full or in part, as relevant to the adopting manager's applicable jurisdiction.

    Inserted: "(g) Public Review.--The development of a coral reef action plan by a covered reef manager under subsection (a), and the adoption of a plan under subsection (f), shall be subject to public review and comment.

    Inserted: "(h) Publication.--The Administrator shall publish each coral reef emergency plan prepared and submitted to the Task Force under this section on publicly available internet websites of--

    Inserted: "(1) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and

    Inserted: "(2) the Task Force.

    Inserted: "(i) Plan in Effect.--A coral reef emergency plan shall be deemed to be in effect if the plan was submitted to the Task Force under this section during the preceding 6 years.

    Inserted: "SEC. 210. CORAL REEF EMERGENCY FUND.

    Inserted: "(a) Establishment of Fund.--There is established in the Treasury an interest-bearing fund to be known as the 'Coral Reef Emergency Fund', consisting of such amounts as are appropriated to the Fund.

    Inserted: "(b) Uses.--Amounts in the Fund--

    Inserted: "(1) shall be available only for use by the Administrator to compensate covered coral reef mangers to implement a coral reef emergency plan in effect under sections 210 and 212; and

    Inserted: "(2) shall remain available until expended.

    Inserted: "(c) Acceptance of Donations.--

    Inserted: "(1) In general.--For purposes of carrying out this title, the Administrator may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services).

    Inserted: "(2) Deposits in fund.--Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund.

    Inserted: "SEC. 211. EMERGENCY ASSISTANCE.

    Inserted: "(a) Coral Reef Emergency Declarations.--

    Inserted: "(1) Sua sponte declaration.--

    Inserted: "(A) In general.--The Administrator may determine and declare a coral reef emergency, including at the recommendation of the Secretary of the Interior.

    Inserted: "(B) Requirements.--In declaring a coral reef emergency under subparagraph (A), the Administrator shall--

    Inserted: "(i) certify that an emergency has occurred that is ecologically significant and harmful to coral reefs; and

    Inserted: "(ii) submit to the appropriate congressional committees findings and analysis to justify the declaration.

    Inserted: "(2) Petitions.--If a covered State or non-Federal coral reef stewardship partnership believes that a coral reef emergency has occurred, and is impacting coral reefs or ecologically significant components of coral reefs subject to the responsibilities or jurisdiction of the State or partnership, the State or partnership may petition the Administrator for a declaration of a coral reef emergency.

    Inserted: "(3) Evaluation and action.--

    Inserted: "(A) In general.--Not later than 30 days after receiving a petition under paragraph (2) (except as provided in subparagraph (B)), the Administrator shall--

    Inserted: "(i) evaluate the petition to determine whether a coral reef emergency has occurred; and

    Inserted: "(ii) declare a coral reef emergency or deny the petition.

    Inserted: "(B) Extension.--The Administrator may extend the deadline provided for under subparagraph (A) by not more than 15 days.

    Inserted: "(4) Appeal.--If the Administrator denies a petition for an emergency declaration submitted under paragraph (2), the State or partnership that submitted the petition may, not later than 15 days after receiving notice of the denial, appeal the denial to the Administrator. Not later than 15 days after receiving an appeal under this paragraph, the Administrator shall grant or deny the appeal.

    Inserted: "(5) Revocation.--The Administrator may revoke any declaration of a coral reef emergency in whole or in part after determining that circumstances no longer require an emergency response.

    Inserted: "(6) Recovery of emergency funding.--The Administrator may seek compensation from negligent parties to recover emergency funds expended in excess of $500,000 under this section as a result of an emergency declaration arising from direct impacts to coral reefs from man-made disasters or accidents.

    Inserted: "(b) Financial Assistance Authority.--

    Inserted: "(1) In general.--Upon the declaration of a coral reef emergency under subsection (a), the Administrator shall provide grants to carry out proposals that meet the requirements of paragraph (2) to implement coral reef emergency plans in effect under section 209.

    Inserted: "(2) Requirements.--A proposal for a grant under this subsection to implement a coral reef emergency plan in effect under section 209 shall include--

    Inserted: "(A) the name of the entity submitting the proposal;

    Inserted: "(B) a copy of the coral reef emergency plan;

    Inserted: "(C) a description of the qualifications of the individuals and entities who will implement the plan;

    Inserted: "(D) an estimate of the funds and time required to complete the implementation of the plan; and

    Inserted: "(E) any other information the Administrator considers to be necessary for evaluating the eligibility of the proposal for a grant under this subsection.

    Inserted: "(3) Review.--Not later than 30 days after receiving a proposal for a grant under this subsection, the Administrator shall review the proposal and determine if the proposal meets the requirements of paragraph (2).

    Inserted: "(4) Concurrent review.--An entity seeking a grant under this subsection may submit a proposal under paragraph (2) to the Administrator at any time following the submission of a petition for an emergency declaration under subsection (a)(2) that is applicable to coral reefs or ecologically significant components of coral reefs subject to the responsibilities or jurisdiction of the entity.

    Inserted: "SEC. 212. VESSEL GROUNDING INVENTORY.

    Inserted: "The Administrator, in coordination with the heads of other Federal agencies, shall establish and maintain an inventory of all vessel grounding incidents involving United States coral reefs, including a description of--

    Inserted: "(1) the impacts of each such incident to coral reefs and related natural resources;

    Inserted: "(2) vessel and ownership information relating to each such incident, if available;

    Inserted: "(3) the estimated cost of removal of the vessel, remediation, or restoration relating to each such incident;

    Inserted: "(4) the response actions taken by the owner of the vessel, the Administrator, the Commandant of the Coast Guard, or representatives of other Federal or State agencies;

    Inserted: "(5) the status of the response actions, including the dates of--

    Inserted: "(A) vessel removal;

    Inserted: "(B) remediation or restoration activities, including whether a coral reef emergency plan was implemented; and

    Inserted: "(C) any actions taken to prevent future grounding incidents; and

    Inserted: "(6) recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents.

    Inserted: "SEC. 213. RUTH D. GATES CORAL REEF CONSERVATION GRANT PROGRAM.

    Inserted: "(a) Grants.--The Administrator shall establish a program (to be known as the 'Ruth D. Gates Coral Reef Conservation Grant Program') to provide grants for projects for the conservation and restoration of coral reef ecosystems (in this section referred to as 'coral reef projects') pursuant to proposals approved by the Administrator in accordance with this section.

    Inserted: "(b) Eligibility.--

    Inserted: "(1) In general.--An entity described in paragraph (2) may submit to the Administrator a proposal for a coral reef project.

    Inserted: "(2) Entities described.--An entity described in this paragraph is--

    Inserted: "(A) a natural resource management authority of a State or local government or Tribal organization--

    Inserted: "(i) with responsibility for coral reef management; or

    Inserted: "(ii) the activities of which directly or indirectly affect coral reefs or coral reef ecosystems;

    Inserted: "(B) a regional fishery management council established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);

    Inserted: "(C) a coral reef stewardship partnership seeking to implement a coral reef action plan in effect under section 205;

    Inserted: "(D) a coral reef research center designated under section 215(c)(4); or

    Inserted: "(E) another nongovernmental organization or research institution with demonstrated expertise in the conservation or restoration of coral reefs in practice or through significant contributions to the body of existing scientific research on coral reefs.

    Inserted: "(c) Project Proposals.--Each proposal for a grant under this section for a coral reef project shall include the following:

    Inserted: "(1) The name of the individual or entity responsible for conducting the project.

    Inserted: "(2) A description of the qualifications of the individual or entity.

    Inserted: "(3) A succinct statement of the purposes of the project.

    Inserted: "(4) An estimate of the funds and time required to complete the project.

    Inserted: "(5) Evidence of support for the project by appropriate representatives of States or other government jurisdictions in which the project will be conducted.

    Inserted: "(6) Information regarding the source and amount of matching funding available to the applicant.

    Inserted: "(7) A description of how the project meets one or more of the criteria under subsection (e)(2).

    Inserted: "(8) In the case of a proposal submitted by a coral reef stewardship partnership, a description of how the project aligns with the applicable coral reef action plan in effect under section 205.

    Inserted: "(9) Any other information the Administrator considers to be necessary for evaluating the eligibility of the project for a grant under this subsection.

    Inserted: "(d) Project Review and Approval.--

    Inserted: "(1) In general.--The Administrator shall review each coral reef project proposal submitted under this section to determine if the project meets the criteria set forth in subsection (e).

    Inserted: "(2) Prioritization of conservation projects.--The Administrator shall prioritize the awarding of grants for projects that meet the criteria for approval under subparagraphs (A) through (G) of subsection (e)(2) that are proposed to be conducted within priority areas identified for coral reef conservation by the Administrator and consistent with the national coral reef resilience strategy in effect under section 204A.

    Inserted: "(3) Prioritization of restoration projects.--The Administrator shall prioritize the awarding of grants for projects that meet the criteria for approval under subparagraphs (E) through (L) of subsection (e)(2) that are proposed to be conducted within priority areas identified for coral reef restoration by the Administrator and consistent with the national coral reef resilience strategy in effect under section 204A.

    Inserted: "(4) Review; approval or disapproval.--Not later than 180 days after receiving a proposal for a coral reef project under this section, the Administrator shall--

    Inserted: "(A) request and consider written comments on the proposal from each Federal agency, State government, Tribal organization, or other government jurisdiction, including the relevant regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or any National Marine Sanctuary or Marine National Monument, with jurisdiction or management authority over coral reef ecosystems in the area where the project is to be conducted, including the extent to which the project is consistent with locally established priorities, unless such entities were directly involved in the development of the project proposal;

    Inserted: "(B) provide for the merit-based peer review of the proposal and require standardized documentation of that peer review;

    Inserted: "(C) after considering any written comments and recommendations based on the reviews under subparagraphs (A) and (B), approve or disapprove the proposal; and

    Inserted: "(D) provide written notification of that approval or disapproval, with summaries of all written comments, recommendations, and peer-reviews, to the entity that submitted the proposal, and each of those States, Tribal organizations, and other government jurisdictions that provided comments under subparagraph (A).

    Inserted: "(e) Criteria for Approval.--The Administrator may not approve a proposal for a coral reef project under this section unless the project--

    Inserted: "(1) is consistent with--

    Inserted: "(A) the national coral reef resilience strategy in effect under section 204A; and

    Inserted: "(B) any Federal or non-Federal coral reef action plans in effect under section 205 covering a coral reef or ecologically significant component of a coral reef to be affected by the project; and

    Inserted: "(2) will enhance the conservation and restoration of coral reefs by--

    Inserted: "(A) addressing conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products, including supporting consensus-driven, community-based planning and management initiatives for the protection of coral reef ecosystems;

    Inserted: "(B) improving compliance with laws that prohibit or regulate the taking of coral products or species associated with coral reefs or regulate the use and management of coral reef ecosystems;

    Inserted: "(C) designing and implementing networks of real-time water quality monitoring along coral reefs, including data collection related to turbidity, nutrient availability, harmful algal blooms, and plankton assemblages, with an emphasis on coral reefs impacted by agriculture and urban development;

    Inserted: "(D) promoting ecologically sound navigation and anchorages, including mooring buoy systems to promote enhanced recreational access, near coral reefs;

    Inserted: "(E) furthering the goals and objectives of coral reef action plans in effect under section 205 and coral reef emergency plans in effect under section 209;

    Inserted: "(F) mapping the location and distribution of coral reefs and potential coral reef habitat;

    Inserted: "(G) stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems;

    Inserted: "(H) implementing research to ensure the population viability of listed coral species in United States waters as detailed in the population-based recovery criteria included in species-specific recovery plans consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

    Inserted: "(I) developing and implementing cost-effective methods to restore degraded coral reef ecosystems or to create geographically appropriate coral reef ecosystems in suitable waters, including by improving habitat or promoting success of keystone species, with an emphasis on novel restoration strategies and techniques to advance coral reef recovery and growth near population centers threatened by rising sea levels and storm surge;

    Inserted: "(J) translating and applying coral genetics research to coral reef ecosystem restoration, including research related to traits that promote resilience to increasing ocean temperatures, ocean acidification, coral bleaching, coral diseases, and invasive species;

    Inserted: "(K) developing and maintaining in situ native coral propagation sites;

    Inserted: "(L) developing and maintaining ex situ coral propagation nurseries and land-based coral gene banks to--

    Inserted: "(i) conserve or augment genetic diversity of native coral populations;

    Inserted: "(ii) support captive breeding of rare coral species; or

    Inserted: "(iii) enhance resilience of native coral populations to increasing ocean temperatures, ocean acidification, coral bleaching, and coral diseases through selective breeding, conditioning, or other approaches that target genes, gene expression, phenotypic traits, or phenotypic plasticity; or

    Inserted: "(M) maintaining the structure and function of coral reefs, including the reef matrix itself.

    Inserted: "(f) Funding Requirements.--To the extent practicable based upon proposals for coral reef projects submitted to the Administrator, the Administrator shall ensure that funding for grants awarded under this section during a fiscal year is distributed as follows:

    Inserted: "(1) Not less than 40 percent of funds available shall be awarded for projects in the Pacific Ocean within the maritime areas and zones subject to the jurisdiction or control of the United States.

    Inserted: "(2) Not less than 40 percent of the funds available shall be awarded for projects in the Atlantic Ocean, the Gulf of Mexico, or the Caribbean Sea within the maritime areas and zones subject to the jurisdiction or control of the United States.

    Inserted: "(g) Project Reporting.--Each entity receiving a grant under this section shall submit to the Administrator such reports at such times and containing such information for evaluating project performance as the Administrator may require.

    Inserted: "(h) Task Force.--The Administrator may consult with the Secretary of the Interior and the Task Force to obtain guidance in establishing priorities and evaluating proposals for coral reef projects under this section.

    Inserted: "SEC. 214. REPORTS ON ADMINISTRATION.

    Inserted: "(a) In General.--Not later than 2 years after the date of the enactment of this section, and every 2 years thereafter, the Administrator shall submit to the committees specified in subsection (b) a report on the administration of this title during the 2-year period preceding submission of the report, including--

    Inserted: "(1) a description of all activities undertaken to implement the most recent national coral reef resilience strategy under section 204A;

    Inserted: "(2) a statement of all funds obligated under the authorities of this title; and

    Inserted: "(3) a summary, disaggregated by State, of Federal and non-Federal contributions toward the costs of each project or activity funded, in full or in part, under the authorities of this title.

    Inserted: "(b) Committees Specified.--The committees specified in this subsection are--

    Inserted: "(1) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and

    Inserted: "(2) the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives.

    Inserted: "SEC. 215. AUTHORITY TO ENTER INTO AGREEMENTS.

    Inserted: "(a) In General.--The Administrator may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this title.

    Inserted: "(b) Cooperative Institutes.--

    Inserted: "(1) Designation.--The Administrator shall designate 2 cooperative institutes for the purpose of advancing and sustaining essential capabilities in coral reef research, to be known as the 'Atlantic Coral Reef Institute' and the 'Pacific Coral Reef Institute'.

    Inserted: "(2) Membership.--Each institute established under paragraph (1) shall be housed within a single coral reef research center designated by the Administrator under paragraph (4) in the Atlantic and Pacific basins, respectively, and may contract with other coral reef research centers within the same basin to support each institute's capacity and reach.

    Inserted: "(3) Functions.--The institutes established under paragraph (1) shall--

    Inserted: "(A) conduct federally directed research to fill national and regional coral reef ecosystem research gaps and improve understanding of, and responses to, continuing and emerging threats to the resilience of United States coral reef ecosystems consistent with the national coral reef resilience strategy in effect under section 204A;

    Inserted: "(B) support ecological research and monitoring to study the effects of conservation and restoration activities funded by this title on promoting more effective coral reef management and restoration; and "(C) through agreements--

    Inserted: "(i) collaborate directly with governmental resource management agencies, coral reef stewardship partnerships, nonprofit organizations, and other coral reef research centers designated under paragraph (4);

    Inserted: "(ii) assist in the development and implementation of--

    Inserted: "(I) the national coral reef resilience strategy under section 204A;

    Inserted: "(II) coral reef action plans under section 205; and

    Inserted: "(III) coral reef emergency plans under section 209;

    Inserted: "(iii) build capacity within governmental resource management agencies to establish research priorities and translate and apply research findings to management and restoration practices; and

    Inserted: "(iv) conduct public education and awareness programs for policymakers, resource managers, and the general public on--

    Inserted: "(I) coral reefs and coral reef ecosystems;

    Inserted: "(II) best practices for coral reef ecosystem management and restoration;

    Inserted: "(III) the value of coral reefs; and

    Inserted: "(IV) the threats to the sustainability of coral reef ecosystems.

    Inserted: "(4) Coral reef research centers.--

    Inserted: "(A) In general.--The Administrator shall periodically solicit applications and designate all qualifying institutions in a covered State as coral reef research centers.

    Inserted: "(B) Criteria.--An institution qualifies for designation as a coral reef research center under subparagraph (A) if the Administrator determines that the institution--

    Inserted: "(i) is operated by an institution of higher education;

    Inserted: "(ii) has established management-driven national or regional coral reef research or restoration programs;

    Inserted: "(iii) has demonstrated abilities to coordinate closely with appropriate Federal and State agencies, as well as other academic and nonprofit organizations; and

    Inserted: "(iv) maintains significant local community engagement and outreach programs related to coral reef ecosystems.

    Inserted: "(c) Use of Resources of Other Agencies.--The Administrator may use, with consent and with or without reimbursement, the land, services, equipment, personnel, and facilities of any agency or instrumentality of--

    Inserted: "(1) the United States;

    Inserted: "(2) any State or local government;

    Inserted: "(3) any Indian Tribe; or

    Inserted: "(4) any foreign government not subject to economic sanctions imposed by the United States.

    Inserted: "SEC. 216. CORAL REEF PRIZE COMPETITIONS.

    Inserted: "(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established by Executive Order No. 13089 (16 U.S.C. 6401 note; relating to coral reef protection), may, individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

    Inserted: "(b) Purposes.--Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems.

    Inserted: "(c) Priority Programs.--Priority shall be given to establishing programs under this section that address communities, environments, or industries that are in distress as a result of the decline or degradation of coral reef ecosystems, including--

    Inserted: "(1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances;

    Inserted: "(2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship;

    Inserted: "(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems;

    Inserted: "(4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and

    Inserted: "(5) the development of adaptation and management options for impacted tourism industries.

    Inserted: "SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

    Inserted: "(a) In General.--There is authorized to be appropriated to the Administrator $38,000,000 for each of fiscal years 2022 through 2026 to carry out this title, which shall remain available until expended.

    Inserted: "(b) Administration.--Of the amounts authorized to be appropriated under subsection (a), not more than the lesser of $1,500,000 or 10 percent of such amounts is authorized to be appropriated for program administration or for overhead costs incurred by the National Oceanic and Atmospheric Administration or the Department of Commerce and assessed as an administrative charge.

    Inserted: "(c) Federally Directed Research and Coral Reef Conservation Program Grants.--From the amounts authorized to be appropriated under subsection (a), not less than $8,000,000 is authorized to be appropriated for each of fiscal years 2022 through 2026 to support purposes consistent with this title, of which--

    Inserted: "(1) not less than $3,500,000 is authorized to be appropriated for each such fiscal year for authorized activities under section 213; and

    Inserted: "(2) not less than $4,500,000 is authorized to be appropriated for each such fiscal year through cooperative agreements with the cooperative institutes designated under section 215(c).

    Inserted: "(d) Block Grants and Cooperative Agreements.--There is authorized to be appropriated to the Administrator, $15,000,000 for each of fiscal years 2022 through 2026, which shall remain available until expended, to carry out section 207.

    Inserted: "SEC. 218. DEFINITIONS.

    Inserted: "In this title:

    Inserted: "(1) Administrator.--The term 'Administrator' means the Administrator of the National Oceanic and Atmospheric Administration.

    Inserted: "(2) Appropriate congressional committees.--The term 'appropriate congressional committees' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.

    Inserted: "(3) Conservation.--The term 'conservation' means the use of methods and procedures necessary to preserve or sustain geographically appropriate corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems with minimal impacts from invasive species, including--

    Inserted: "(A) all activities associated with resource management, such as monitoring, assessment, protection, restoration, sustainable use, management of habitat, and maintenance or augmentation of genetic diversity;

    Inserted: "(B) mapping;

    Inserted: "(C) scientific expertise and technical assistance in the development and implementation of management strategies for marine protected areas and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);

    Inserted: "(D) law enforcement;

    Inserted: "(E) conflict resolution initiatives;

    Inserted: "(F) community outreach and education; and

    Inserted: "(G) promotion of safe and ecologically sound navigation and anchoring.

    Inserted: "(4) Coral.--The term 'coral' means species of the phylum Cnidaria, including--

    Inserted: "(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals, organ pipe corals, gorgonians), and Helioporacea (blue coral), of the class Anthozoa; and

    Inserted: "(B) all species of the order Anthoathecata (fire corals and other hydrocorals) of the class Hydrozoa.

    Inserted: "(5) Coral products.--The term 'coral products' means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species referred to in paragraph (4).

    Inserted: "(6) Coral reef.--The term 'coral reef' means calcium carbonate structures in the form of a reef or shoal, composed in whole or in part by living coral, skeletal remains of coral, crustose coralline algae, and other associated sessile marine plants and animals.

    Inserted: "(7) Coral reef ecosystem.--The term 'coral reef ecosystem' means--

    Inserted: "(A) corals and other geographically and ecologically associated marine communities of other reef organisms (including reef plants and animals) associated with coral reef habitat; and

    Inserted: "(B) the biotic and abiotic factors and processes that affect coral physiology, coral-algal symbiosis, and biodiversity in such habitat.

    Inserted: "(8) Coral reef ecosystem services.--The term 'coral reef ecosystem services' means the attributes and benefits provided by coral reef ecosystems including--

    Inserted: "(A) protection of coastal beaches, structures, and infrastructure;

    Inserted: "(B) habitat for organisms of economic, ecological, biomedical, medicinal, and cultural value;

    Inserted: "(C) serving as centers for the promulgation, performance, and training of cultural practices representative of traditional ecological knowledge; and

    Inserted: "(D) aesthetic value.

    Inserted: "(9) Covered reef manager.--

    Inserted: "(A) In general.--The term 'covered reef manager' means a management unit of a Federal agency specified in subparagraph (B) with jurisdiction over a coral reef ecosystem, covered State, or coral reef stewardship partnership.

    Inserted: "(B) Federal agencies specified.--A Federal agency specified in this subparagraph is one of the following:

    Inserted: "(i) The National Oceanic and Atmospheric Administration.

    Inserted: "(ii) The National Park Service.

    Inserted: "(iii) The United States Fish and Wildlife Service.

    Inserted: "(iv) The Office of Insular Affairs.

    Inserted: "(10) Covered state.--The term 'covered State' means Florida, Hawaii, and the territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands.

    Inserted: "(11) Indian tribe.--The term 'Indian Tribe' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

    Inserted: "(12) Institution of higher education.--The term 'institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

    Inserted: "(13) Interested stakeholder groups.--The term 'interested stakeholder groups' includes community members such as businesses, commercial and recreational fishermen, other recreationalists, Federal, State, Tribal, and local government units with related jurisdiction, institutions of higher education, and nongovernmental organizations.

    Inserted: "(14) Nonprofit organization.--The term 'nonprofit organization' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.

    Inserted: "(15) Restoration.--The term 'restoration' means the use of methods and procedures necessary to enhance, rehabilitate, recreate, or create a functioning coral reef or coral reef ecosystem, in whole or in part, within suitable waters of the historical geographic range of such ecosystems, to provide ecological, economic, cultural, or coastal resiliency services associated with healthy coral reefs and benefit native populations of coral reef organisms.

    Inserted: "(16) Resilience.--The term 'resilience' means the capacity for corals within their native range, coral reefs, or coral reef ecosystems to resist and recover from natural and human disturbances, and maintain structure and function to provide coral reef ecosystem services as determined by clearly identifiable, measurable, and science-based standards.

    Inserted: "(17) State.--The term 'State' means--

    Inserted: "(A) any State of the United States that contains a coral reef ecosystem within its seaward boundaries;

    Inserted: "(B) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the United States Virgin Islands; or

    Inserted: "(C) any other territory of the United States or separate sovereign in free association with the United States that contains a coral reef ecosystem within its seaward boundaries.

    Inserted: "(18) Stewardship.--The term 'stewardship', with respect to a coral reef, includes conservation, restoration, and public outreach and education.

    Inserted: "(19) Task force.--The term 'Task Force' means the United States Coral Reef Task Force.

    Inserted: "(20) Tribal organization.--The term 'Tribal organization' has the meaning given the term 'tribal organization' in section 3765 of title 38, United States Code.".

    Inserted: (c) Conforming Amendment to National Oceans and Coastal Security Act.--Section 905(a) of the National Oceans and Coastal Security Act (16 U.S.C. 7504(a)) is amended by striking "and coastal infrastructure" and inserting ", coastal infrastructure, and ecosystem services provided by natural systems such as coral reefs".

    Inserted: SEC. __14A. MODIFICATION TO SECTION 204 OF THE CORAL REEF CONSERVATION ACT OF 2000.

    Inserted: Section 204 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403) is amended--

    Inserted: (1) in subsection (a), by striking "this section" and inserting "section 213"; and

    Inserted: (2) by striking subsections (c) through (j).

    Inserted: Subtitle E--United States Coral Reef Task Force SEC. __15. ESTABLISHMENT.

    Inserted: There is established a task force to lead, coordinate, and strengthen Federal Government actions to better preserve, conserve, and restore coral reef ecosystems, to be known as the "United States Coral Reef Task Force" (in this subtitle referred to as the "Task Force").

    Inserted: SEC. __15A. DUTIES.

    Inserted: The duties of the Task Force shall be--

    Inserted: (1) to coordinate, in cooperation with State, Tribal, and local government partners, coral reef research centers designated under section 215(c) of the Coral Reef Conservation Act of 2000 (as amended by subtitle D), and other nongovernmental and academic partners as appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, and restoration of coral reefs and coral reef ecosystems;

    Inserted: (2) to monitor and advise regarding implementation of the policy and Federal agency responsibilities set forth in--

    Inserted: (A) Executive Order No. 13089 (63 Fed. Reg. 32701; relating to coral reef protection); and

    Inserted: (B) the national coral reef resilience strategy developed under section 204A of the Coral Reef Conservation Act of 2000, as amended by subtitle D;

    Inserted: (3) to work with the Secretary of State and the Administrator of the United States Agency for International Development, and in coordination with the other members of the Task Force--

    Inserted: (A) to assess the United States role in international trade and protection of coral species;

    Inserted: (B) to encourage implementation of appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide; and

    Inserted: (C) to collaborate with international communities successful in managing coral reefs;

    Inserted: (4) to provide technical assistance for the development and implementation, as appropriate, of--

    Inserted: (A) the national coral reef resilience strategy under section 204A of the Coral Reef Conservation Act of 2000, as amended by subtitle D;

    Inserted: (B) coral reef action plans under section 205 of that Act; and

    Inserted: (C) coral reef emergency plans under section 209 of that Act; and

    Inserted: (5) to produce a report each year, for submission to the appropriate congressional committees and publication on a publicly available internet website of the Task Force, highlighting the status of the coral reef equities of a covered State on a rotating basis, including--

    Inserted: (A) a summary of recent coral reef management and restoration activities undertaken in that State; and

    Inserted: (B) updated estimates of the direct and indirect economic activity supported by, and other benefits associated with, those coral reef equities.

    Inserted: SEC. __15B. MEMBERSHIP.

    Inserted: (a) Voting Membership.--The Task Force shall have the following voting members:

    Inserted: (1) The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, who shall be co-chairs of the Task Force.

    Inserted: (2) The Administrator of the United States Agency for International Development.

    Inserted: (3) The Secretary of Agriculture.

    Inserted: (4) The Secretary of Defense.

    Inserted: (5) The Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works.

    Inserted: (6) The Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency.

    Inserted: (7) The Commandant of the Coast Guard.

    Inserted: (8) The Attorney General.

    Inserted: (9) The Secretary of State.

    Inserted: (10) The Secretary of Transportation.

    Inserted: (11) The Administrator of the Environmental Protection Agency.

    Inserted: (12) The Ambassador of the United States Trade Representative.

    Inserted: (13) The Administrator of the National Aeronautics and Space Administration.

    Inserted: (14) The Director of the National Science Foundation.

    Inserted: (15) The Governor, or a representative of the Governor, of each covered State.

    Inserted: (b) Nonvoting Members.--The Task Force shall have the following nonvoting members:

    Inserted: (1) A member appointed by the President of the Federated States of Micronesia.

    Inserted: (2) A member appointed by the President of the Republic of the Marshall Islands.

    Inserted: (3) A member appointed by the President of the Republic of Palau.

    Inserted: SEC. __15C. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.

    Inserted: (a) In General.--A member of the Task Force specified in paragraphs (1) through (15) of section __15B(a) shall--

    Inserted: (1) identify the actions of the agency that member represents that may affect coral reef ecosystems;

    Inserted: (2) utilize the programs and authorities of that agency to protect and enhance the conditions of such ecosystems, including through the promotion of basic and applied scientific research;

    Inserted: (3) collaborate with the Task Force to appropriately reflect budgetary needs for coral reef conservation and restoration activities in all agency budget planning and justification documents and processes; and

    Inserted: (4) engage in any other coordinated efforts approved by the Task Force.

    Inserted: (b) Co-Chairs.--In addition to their responsibilities under subsection (a), the co-chairs of the Task Force shall administer performance of the functions of the Task Force and facilitate the coordination of the members of the Task Force specified in paragraphs (1) through (15) of section __15B(a).

    Inserted: SEC. __15D. WORKING GROUPS.

    Inserted: (a) In General.--The co-chairs of the Task Force may establish working groups as necessary to meet the goals and carry out the duties of the Task Force.

    Inserted: (b) Requests From Members.--The members of the Task Force may request that the co-chairs establish a working group under subsection (a).

    Inserted: (c) Participation by Nongovernmental Organizations.--The co-chairs may allow nongovernmental organizations as appropriate, including academic institutions, conservation groups, and commercial and recreational fishing associations, to participate in a working group established under subsection (a).

    Inserted: (d) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to working groups established under this section.

    Inserted: SEC. __15E. DEFINITIONS.

    Inserted: In this subtitle:

    Inserted: (1) Appropriate congressional committees.--The term "appropriate congressional committees" means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.

    Inserted: (2) Conservation, coral, coral reef, etc.--The terms "conservation", "coral", "coral reef", "coral reef ecosystem", "covered State", "restoration", "resilience", and "State" have the meaning given those terms in section 218 of the Coral Reef Conservation Act of 2000, as amended by subtitle D.

    Inserted: Subtitle F--Department of the Interior Coral Reef Authorities SEC. __16. CORAL REEF CONSERVATION AND RESTORATION ASSISTANCE.

    Inserted: (a) In General.--The Secretary of the Interior, in addition to activities authorized under section 203 of the Coral Reef Conservation Act of 2000, as amended by this title, may provide scientific expertise, technical assistance, and financial assistance for the conservation and restoration of coral reefs consistent with all applicable laws governing resource management in Federal, State, and Tribal waters, including--

    Inserted: (1) the national coral reef resilience strategy in effect under section 204A of the Coral Reef Conservation Act of 2000, as amended by this title;

    Inserted: (2) coral reef action plans in effect under section 205 of that Act, as applicable; and

    Inserted: (3) coral reef emergency plans in effect under section 209 of that Act, as applicable.

    Inserted: (b) Office of Insular Affairs Coral Reef Initiative.--The Secretary of the Interior may establish within the Office of Insular Affairs a Coral Reef Initiative Program--

    Inserted: (1) to provide grant funding to support local management, conservation, and protection of coral reef ecosystems in--

    Inserted: (A) insular areas of covered States; and

    Inserted: (B) Freely Associated States;

    Inserted: (2) to complement the other conservation and assistance activities conducted under this subtitle; and

    Inserted: (3) to provide other technical, scientific, and financial assistance and conduct conservation activities that advance the purpose of this subtitle.

    Inserted: (c) Consultation With the Department of Commerce.--The Secretary of the Interior may consult with the Secretary of Commerce regarding the conduct of any activities to conserve and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of the Federal agencies specified in paragraphs (2) and (3) of section 203(c) of the Coral Reef Conservation Act of 2000, as amended by this title.

    Inserted: (d) Cooperative Agreements.--The Secretary of the Interior may enter into cooperative agreements with covered reef managers to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such managers that--

    Inserted: (1) are consistent with the national coral reef resilience strategy in effect under section 204A of the Coral Reef Conservation Act of 2000, as amended by this title; and

    Inserted: (2) support and enhance the success of--

    Inserted: (A) coral reef action plans in effect under section 205 of that Act; and

    Inserted: (B) coral reef emergency plans in effect under section 209 of that Act.

    Inserted: (e) Definitions.--In this section, the terms "conservation", "coral reef", "covered reef manager", "covered State", "restoration", and "State" have the meaning given those terms in section 218 of the Coral Reef Conservation Act of 2000, as amended by this title.

    Inserted: (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior to carry out this subtitle for each of fiscal years 2023 to 2027, $4,000,000.

    Inserted: Subtitle G--Susan L. Williams National Coral Reef Management Fellowship SEC. __17. DEFINITIONS.

    Inserted: In this subtitle:

    Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the National Oceanic and Atmospheric Administration.

    Inserted: (2) Fellow.--The term "fellow" means a National Coral Reef Management Fellow.

    Inserted: (3) Fellowship.--The term "fellowship" means the National Coral Reef Management Fellowship established in section __17A.

    Inserted: (4) Indian tribe; tribal organization.--The terms "Indian Tribe" and "Tribal organization" have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

    Inserted: SEC. __17A. ESTABLISHMENT OF FELLOWSHIP PROGRAM.

    Inserted: (a) In General.--There is established a National Coral Reef Management Fellowship Program.

    Inserted: (b) Purposes.--The purposes of the fellowship are--

    Inserted: (1) to encourage future leaders of the United States to develop additional coral reef management capacity in States and local communities with coral reefs;

    Inserted: (2) to provide management agencies of States, Tribal organizations, and Freely Associated States with highly qualified candidates whose education and work experience meet the specific needs of each State, Indian Tribe, and Freely Associated State; and

    Inserted: (3) to provide fellows with professional experience in management of coastal and coral reef resources.

    Inserted: SEC. __17B. FELLOWSHIP AWARDS.

    Inserted: (a) In General.--The Administrator, in coordination with the Secretary of the Interior, shall award the fellowship in accordance with this section.

    Inserted: (b) Term of Fellowship.--A fellowship awarded under this section shall be for a term of not more than 24 months.

    Inserted: (c) Qualifications.--The Administrator, in coordination with the Secretary of the Interior, shall award the fellowship to individuals who have demonstrated--

    Inserted: (1) an intent to pursue a career in marine services and outstanding potential for such a career;

    Inserted: (2) leadership potential, actual leadership experience, or both;

    Inserted: (3) a college or graduate degree in biological science, experience that correlates with aptitude and interest for marine management, or both;

    Inserted: (4) proficient writing and speaking skills; and

    Inserted: (5) such other attributes as the Administrator, in coordination with the Secretary of the Interior, consider appropriate.

    Inserted: SEC. __17C. AUTHORIZATION OF APPROPRIATIONS.

    Inserted: There are authorized to be appropriated to the Administrator to carry out this subtitle for each of fiscal years 2022 through 2026, $1,500,000, to remain available until expended.

    Inserted: Subtitle H--Buy American Seafood SEC. __18. SENSE OF CONGRESS.

    Inserted: It is the sense of Congress that--

    Inserted: (1) American wild-caught seafood is integral to the Nation's food supply and to American food security;

    Inserted: (2) the seafood supply chain is often long and complex;

    Inserted: (3) American caught and American-processed seafood especially from small-scale fishery operations, can be a sustainable healthy source of protein and micronutrients;

    Inserted: (4) fresh, frozen, dried, and canned domestic seafood can be produced, processed, packaged, and transported in a manner that has a low carbon footprint;

    Inserted: (5) marine species that are small, at lower trophic levels, and pelagic typically have the smallest carbon footprint; and

    Inserted: (6) therefore, any executive agency that purchases seafood products should, to the extent practicable, buy local American-caught or American-harvested and American-processed seafood products from fisheries that are not overfished or experiencing overfishing, in order to support sustainable local seafood businesses, reduce greenhouse gas emissions associated with the seafood product supply chain, and reduce dependence on imported seafood products.

    Inserted: SEC. __18A. CAUGHT IN THE USA.

    Inserted: Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C. 713c-3(c)(1)) is amended to read as follows:

    Inserted: "(1) The Secretary shall make grants from the fund established under subsection (b) to--

    Inserted: "(A) assist persons in carrying out research and development projects addressed to any aspect of United States marine fisheries, including harvesting, processing, packaging, marketing, and associated infrastructures; or

    Inserted: "(B) assist persons to market and promote the consumption of--

    Inserted: "(i) local or domestic marine fishery products;

    Inserted: "(ii) environmentally and climate-friendly marine fishery products that minimize and employ efforts to avoid bycatch and impacts on marine mammals;

    Inserted: "(iii) invasive species; or

    Inserted: "(iv) well-managed but less known species.".

    Inserted: Subtitle I--Insular Affairs SEC. __19. OCEAN AND COASTAL MAPPING INTEGRATION ACT.

    Inserted: Section 12204 of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3503) is amended--

    Inserted: (1) in paragraph (12) by striking "and";

    Inserted: (2) in paragraph (13) by striking the period at the end and inserting "; and"; and

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

    Inserted: "(14) the study of insular areas and the effects of climate change.".

    Inserted: Subtitle J--Studies and Reports SEC. __20. DEEP SEA MINING.

    Inserted: Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a comprehensive assessment of the environmental impacts of deep seabed mining, including--

    Inserted: (1) characterization of deep seabed ecosystems;

    Inserted: (2) assessment of potential impacts to deep seabed habitat and species from exploratory or extractive activities;

    Inserted: (3) assessment of the potential impacts of sediment plumes from disturbance of the deep seabed on the pelagic food chain; and

    Inserted: (4) approximate quantification of the greenhouse gas emissions associated with deep seabed mining, including emissions possibly from the release of greenhouse gases sequestered in the seabed.

    Inserted: SEC. __20A. NATIONAL ACADEMIES ASSESSMENT OF OCEANIC BLUE CARBON.

    Inserted: Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a comprehensive assessment of oceanic blue carbon, including--

    Inserted: (1) the impacts of marine species decline on carbon sequestration potential in ocean ecosystems, an estimate of the global carbon dioxide mitigation potential of protecting or recovering populations of fish and marine mammals, and the ecological considerations of such conservation strategies;

    Inserted: (2) an analysis of the geologic stores of carbon and deep sea storage of dissolved carbon in the deep seafloor environment, including current and potential natural long-term carbon storage, identification of gaps in scientific understanding, observations, and data regarding such geologic and deep sea carbon storage; and

    Inserted: (3) the potential impacts to oceanic blue carbon storage by human activities including energy development activities, deep sea mining, deep sea carbon capture technology, and other disturbances to the sea floor and gas hydrate disruption atop the seabed.

    Inserted: SEC. __20B. NATIONAL ACADEMIES ASSESSMENT OF OIL SPILLS AND PLASTIC INGESTION ON SEA LIFE.

    Inserted: Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a comprehensive assessment of the environmental impacts of plastic ingestion and oil and other fossil fuel spills on sea life, including--

    Inserted: (1) assessment of the potential health and ecological impacts of plastic ingestion on marine life;

    Inserted: (2) assessment of the types of plastics most commonly ingested by marine life and the types that have the most damaging health and ecosystem impacts, and recommendations for preventing and eliminating these plastics from the environment;

    Inserted: (3) quantification of the economic impacts of plastic pollution including the costs of cleanup, impacts on lost tourism, impacts on aquaculture and fishing, and other economic impacts identified by the Academy;

    Inserted: (4) assessment and quantification of the health and ecological impacts oil and other fossil fuel spills, flares, pipeline leaks, and extraction, including greenhouse gas emissions, have on marine life;

    Inserted: (5) quantification of the cost and effectiveness of cleaning up oil and other fossil fuel spills, flares, and pipeline leaks, and repairing damage to marine life, coasts, and businesses;

    Inserted: (6) quantification of the number of people employed in fossil fuel extraction on Federal waters with breakdown by State;

    Inserted: (7) quantification of the number of people employed in marine tourism and the blue economy, including the fishing and seafood industries, impacted by plastic, oil, and other fossil fuel pollution; and

    Inserted: (8) assessment and quantification of riverine sources of coastal plastic pollution in the United States, including a breakdown by sources that includes but is not limited to the Mississippi River.

    Inserted: SEC. __20C. OFFSHORE AQUACULTURE.

    Inserted: Not later than 24 months after the date of enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall enter into an agreement with the Board of Ocean Studies and Board Science, Technology, and Economic Policy of the National Academies of Sciences, Engineering, and Medicine to conduct a comprehensive assessment on the development of offshore aquaculture in the exclusive economic zone including--

    Inserted: (1) assessment of the potential environmental impacts of offshore aquaculture operations, including an evaluation on the risks of siting, water pollution, habitat impact, escape of farmed species on wild population stocks, waste treatment and disposal, feed operations, and the cumulative risks of multiple aquaculture operations in shared ecosystems;

    Inserted: (2) evaluation of the potential for offshore aquaculture to serve as a tool for environmental management, including connections to water quality, watershed management, and fishery conservation and management;

    Inserted: (3) identification of existing control technologies, management practices and regulatory strategies to minimize the environmental impact of offshore aquaculture operations, including from traditional aquaculture methods and practices of Native Americans, Alaska Natives, and Native Hawaiians;

    Inserted: (4) recommending best management practices related to sustainable feed for the offshore aquaculture industry, including best practices for sourcing from sustainably managed fisheries and traceability of source fish meal ingredients;

    Inserted: (5) evaluation of the potential impact of offshore aquaculture on the economies of coastal communities, particularly those dependent on traditional fishery resources; and

    Inserted: (6) assessment of the impacts of growing international offshore aquaculture operations on the United States seafood market and domestic seafood producers, including dependence of the United States on foreign-sourced seafood.

    Inserted: SEC. __20D. EXPANDING OPPORTUNITIES TO INCREASE THE DIVERSITY, EQUITY, AND INCLUSION OF HIGHLY SKILLED SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ("STEM") PROFESSIONALS IN OCEAN RESEARCH AND DEVELOPMENT.

    Inserted: (a) In General.--The Secretary of Commerce shall expand opportunities to increase the number and the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics ("STEM") professionals working in National Oceanic and Atmospheric Administration mission-relevant disciplines and broaden the recruitment pool to increase diversity, including expanded partnerships with minority-serving institutions, historically Black colleges and universities, Tribal colleges and universities, non-research universities, two-year technical degrees, and scientific societies.

    Inserted: (b) Authorization of Independent Organization.--The Secretary shall authorize a nonpartisan and independent 501(c)(3) organization to build the public-private partnerships necessary to achieve these priorities.

    Inserted: (c) Definitions.--In this section:

    Inserted: (1) Minority-serving institution.--The term "minority-serving institution" includes the entities described in paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

    Inserted: (2) Historically black colleges and universities.--The term "historically Black colleges and universities" has the meaning given the term "part B institution" in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

    Inserted: (3) Tribal colleges and universities.--The term "Tribal college or university" has the meaning given such term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).

    Inserted: SEC. __20E. STUDY ON EFFECTS OF 6PPD-QUINONE.

    Inserted: Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a study on the effects of 6PPD-quinone on salmonids, aquatic species, and watersheds, including an economic analysis of declining salmon populations in the United States and the effect of such declining populations have on importation of salmon from other countries.

    Inserted: Subtitle K--Shark Fin Sales Elimination SEC. __21. SHARK FIN SALES ELIMINATION.

    Inserted: (a) Prohibition on Sale of Shark Fins.--

    Inserted: (1) Prohibition.--Except as provided in subsection (c), no person shall possess, acquire, receive, transport, offer for sale, sell, or purchase shark fins or products containing shark fins.

    Inserted: (2) Penalty.--A violation of paragraph (1) shall be treated as an act prohibited by section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) and shall be penalized pursuant to section 308 of that Act (16 U.S.C. 1858).

    Inserted: (b) Exceptions.--A person may possess a shark fin that was taken lawfully under a State, territorial, or Federal license or permit to take or land sharks, if the shark fin was separated after the first point of landing in a manner consistent with the license or permit and is--

    Inserted: (1) destroyed or disposed of immediately upon separation from the carcass;

    Inserted: (2) used for noncommercial subsistence purposes in accordance with State or territorial law; or

    Inserted: (3) used solely for display or research purposes by a museum, college, or university, or other person under a State or Federal permit to conduct noncommercial scientific research.

    Inserted: (c) Dogfish.--

    Inserted: (1) In general.--It shall not be a violation of subsection (b) for any person to possess, acquire, receive, transport, offer for sale, sell, or purchase any fresh or frozen unprocessed fin or tail from any stock of the species Mustelus canis (smooth dogfish) or Squalus acanthias (spiny dogfish).

    Inserted: (2) Report.--By not later than January 1, 2027, the Secretary of Commerce shall review the exemption contained in paragraph (1) and shall prepare and submit to Congress a report that includes a recommendation on whether the exemption contained in paragraph (1) should continue or be terminated. In preparing such report and making such recommendation, the Secretary shall analyze factors including--

    Inserted: (A) the economic viability of dogfish fisheries with and without the continuation of the exemption;

    Inserted: (B) the impact to ocean ecosystems of continuing or terminating the exemption;

    Inserted: (C) the impact on enforcement of the ban contained in subsection (b) caused by the exemption; and

    Inserted: (D) the impact of the exemption on shark conservation.

    Inserted: (d) Definition of Shark Fin.--In this section, the term "shark fin" means--

    Inserted: (1) the unprocessed or dried or otherwise processed detached fin of a shark; or

    Inserted: (2) the unprocessed or dried or otherwise processed detached tail of a shark.

    Inserted: (e) Enforcement.--The provisions of this section, and any regulations issued pursuant thereto, shall be enforced by the Secretary of Commerce. The Secretary may use by agreement, with or without reimbursement, the personnel, services, equipment, and facilities of any other Federal agency or any State agency or Indian Tribe for purposes of enforcing this section.

    Inserted: (f) State Authority.--Nothing in this section may be construed to preclude, deny, or limit any right of a State or territory to adopt or enforce any regulation or standard that is more stringent than a regulation or standard in effect under this section.

    Inserted: (g) Severability.--If any provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

    Inserted: Subtitle L--Bolstering Long-term Understanding and Exploration of the Great Lakes, Oceans, Bays, and Estuaries SEC. __22. PURPOSE.

    Inserted: The purpose of this subtitle is to promote and support--

    Inserted: (1) the monitoring, understanding, and exploration of the Great Lakes, oceans, bays, estuaries, and coasts; and

    Inserted: (2) the collection, analysis, synthesis, and sharing of data related to the Great Lakes, oceans, bays, estuaries, and coasts to facilitate science and operational decision making.

    Inserted: SEC. __22A. SENSE OF CONGRESS.

    Inserted: It is the sense of Congress that--

    Inserted: (1) agencies should optimize data collection, management, and dissemination, to the extent practicable, to maximize their impact for research, commercial, regulatory, and educational benefits and to foster innovation, scientific discoveries, the development of commercial products, and the development of sound policy with respect to the Great Lakes, oceans, bays, estuaries, and coasts;

    Inserted: (2) agencies should consider current and future needs relating to supercomputing capacity, data storage capacity, and public access, address gaps in those areas, and coordinate across agencies as needed;

    Inserted: (3) the United States is a leading member of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, a founding member of the Atlantic Ocean Research Alliance, and a key partner in developing the United Nations Decade of Ocean Science for Sustainable Development;

    Inserted: (4) the Integrated Ocean Observing System and the Global Ocean Observing System are key assets and networks that bolster understanding of the marine environment;

    Inserted: (5) the National Oceanographic Partnership Program is a meaningful venue for collaboration and coordination among Federal agencies, scientists, and ocean users;

    Inserted: (6) the National Centers for Environmental Information of the National Oceanic and Atmospheric Administration should be looked to by other Federal agencies as a primary, centralized repository for Federal ocean data;

    Inserted: (7) the Marine Cadastre, a joint effort of the National Oceanic and Atmospheric Administration and the Bureau of Ocean Energy Management, provides access to data and information for specific issues and activities in ocean resources management to meet the needs of offshore energy and planning efforts;

    Inserted: (8) the regional associations of the Integrated Ocean Observing System, certified by the National Oceanic and Atmospheric Administration for the quality and reliability of their data, are important sources of observation information for the Great Lakes, oceans, bays, estuaries, and coasts; and

    Inserted: (9) the Regional Ocean Partnerships and regional data portals, which provide publicly available tools such as maps, data, and other information to inform decisions and enhance marine development, should be supported by and viewed as collaborators with Federal agencies and ocean users.

    Inserted: SEC. __22B. DEFINITION OF ADMINISTRATOR.

    Inserted: In this subtitle, the term "Administrator" means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary's capacity as Administrator of the National Oceanic and Atmospheric Administration.

    Inserted: SEC. __22C. INCREASED COORDINATION AMONG AGENCIES WITH RESPECT TO DATA AND MONITORING.

    Inserted: (a) Interagency Ocean Observation Committee.--In addition to its responsibilities as of the date of the enactment of this Act, and in consultation with the associated advisory committee authorized by section 12304(d) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(d)), the Interagency Ocean Observation Committee shall--

    Inserted: (1) work with international coordinating bodies, as necessary, to ensure robust, direct measurements of the Great Lakes, oceans, bays, estuaries, and coasts, including oceanographic data; and

    Inserted: (2) support cross-agency and multi-platform synergy, by coordinating overlapping data collection by satellites, buoys, submarines, gliders, vessels, and other data collection vehicles and technologies.

    Inserted: (b) Federal Geographic Data Committee.--In addition to its responsibilities as of the date of the enactment of this Act, and in consultation with the National Geospatial Advisory Committee, the Federal Geographic Data Committee shall--

    Inserted: (1) work with international coordinating bodies, as necessary, to ensure robust, continuous measurements of the Great Lakes, oceans, bays, estuaries, and coasts, including satellite and geospatial data; and

    Inserted: (2) support new and old data and metadata certification, quality assurance, quality control, integration, and archiving.

    Inserted: (c) Interagency Committee on Ocean and Coastal Mapping.--In addition to its responsibilities as of the date of the enactment of this Act, and in consultation with its associated advisory panel authorized by section 12203(g) of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3502(g)), the Interagency Committee on Ocean and Coastal Mapping shall--

    Inserted: (1) work with international coordinating bodies, as necessary, to ensure robust, continuous satellite and direct measurements of the Great Lakes, oceans, bays, estuaries, and coasts, including bathymetric data; and

    Inserted: (2) make recommendations on how to make data, metadata, and model output accessible to a broader public audience, including through geographic information system layers, graphics, and other visuals.

    Inserted: SEC. __22D. TECHNOLOGY INNOVATION TO COMBAT ILLEGAL, UNREPORTED, AND UNREGULATED FISHING.

    Inserted: (a) Definitions.--Section 3532 of the Maritime Security and Fisheries Enforcement Act (16 U.S.C. 8001) is amended--

    Inserted: (1) by redesignating paragraphs (6) through (13) as paragraphs (7) through (14), respectively; and

    Inserted: (2) by inserting after paragraph (5) the following:

    Inserted: "(6) Innovative technologies.--The term 'innovative technologies' includes the following:

    Inserted: "(A) Improved satellite imagery and tracking.

    Inserted: "(B) Advanced electronic monitoring equipment.

    Inserted: "(C) Vessel location data.

    Inserted: "(D) Improved genetic, molecular, or other biological methods of tracking sources of seafood.

    Inserted: "(E) Electronic catch documentation and traceability.

    Inserted: "(F) Such other technologies as the Administrator of the National Oceanic and Atmospheric Administration considers appropriate.".

    Inserted: (b) Technology Programs.--Section 3546 of the Maritime Security and Fisheries Enforcement Act (16 U.S.C. 8016) is amended--

    Inserted: (1) in paragraph (3), by striking "and" after the semicolon;

    Inserted: (2) in paragraph (4), by striking the period at the end and inserting "; and"; and

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

    Inserted: "(5) coordinating the application of existing innovative technologies and the development of emerging innovative technologies.".

    Inserted: SEC. __22E. WORKFORCE STUDY.

    Inserted: (a) In General.--Section 303(a) of the America COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended--

    Inserted: (1) in the matter preceding paragraph (1), by striking "Secretary of Commerce" and inserting "Under Secretary of Commerce for Oceans and Atmosphere";

    Inserted: (2) in paragraph (2), by inserting ", skillsets, or credentials" after "degrees";

    Inserted: (3) in paragraph (3), by inserting "or highly qualified technical professionals and tradespeople" after "atmospheric scientists";

    Inserted: (4) in paragraph (4), by inserting ", skillsets, or credentials" after "degrees";

    Inserted: (5) in paragraph (5)--

    Inserted: (A) by striking "scientist"; and

    Inserted: (B) by striking "; and" and inserting ", observations, and monitoring;"

    Inserted: (6) in paragraph (6), by striking "into Federal" and all that follows and inserting ", technical professionals, and tradespeople into Federal career positions;"

    Inserted: (7) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;

    Inserted: (8) by inserting after paragraph (1) the following:

    Inserted: "(2) whether there is a shortage in the number of individuals with technical or trade-based skillsets or credentials suited to a career in oceanic and atmospheric data collection, processing, satellite production, or satellite operations;"; and

    Inserted: (9) by adding at the end the following:

    Inserted: "(8) workforce diversity and actions the Federal Government can take to increase diversity in the scientific workforce; and

    Inserted: "(9) actions the Federal Government can take to shorten the hiring backlog for such workforce.".

    Inserted: (b) Coordination.--Section 303(b) of the America COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(b)) is amended by striking "Secretary of Commerce" and inserting "Under Secretary of Commerce for Oceans and Atmosphere".

    Inserted: (c) Report.--Section 303(c) of the America COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(c)) is amended--

    Inserted: (1) by striking "the date of enactment of this Act" and inserting "the date of the enactment of the Coast Guard Authorization Act of 2022";

    Inserted: (2) by striking "Secretary of Commerce" and inserting "Under Secretary of Commerce for Oceans and Atmosphere"; and

    Inserted: (3) by striking "to each committee" and all that follows through "section 302 of this Act" and inserting "to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives".

    Inserted: (d) Program and Plan.--Section 303(d) of the America COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(d)) is amended--

    Inserted: (1) by striking "Administrator of the National Oceanic and Atmospheric Administration" and inserting "Under Secretary of Commerce for Oceans and Atmosphere"; and

    Inserted: (2) by striking "academic partners" and all that follows and inserting "academic partners.".

    Inserted: SEC. __22F. ACCELERATING INNOVATION AT COOPERATIVE INSTITUTES.

    Inserted: (a) Focus on Emerging Technologies.--The Administrator of the National Oceanic and Atmospheric Administration shall ensure that the goals of the Cooperative Institutes of the National Oceanic and Atmospheric Administration include focusing on advancing or applying emerging technologies, which may include--

    Inserted: (1) applied uses and development of real-time and other advanced genetic technologies and applications, including such technologies and applications that derive genetic material directly from environmental samples without any obvious signs of biological source material;

    Inserted: (2) deployment of, and improvements to, the durability, maintenance, and other lifecycle concerns of advanced unmanned vehicles, regional small research vessels, and other research vessels that support and launch unmanned vehicles and sensors; and

    Inserted: (3) supercomputing and big data management, including data collected through electronic monitoring and remote sensing.

    Inserted: (b) Data Sharing.--Each Cooperative Institute shall ensure that data collected from the work of the institute, other than classified, confidential, or proprietary data, are archived and made publicly accessible.

    Inserted: (c) Coordination With Other Programs.--The Cooperative Institutes shall work with the Interagency Ocean Observation Committee, the regional associations of the Integrated Ocean Observing System, and other ocean observing programs to coordinate technology needs and the transition of new technologies from research to operations.

    Inserted: SEC. __22G. OCEAN INNOVATION PRIZE AND PRIORITIZATION.

    Inserted: (a) Ocean Innovative Prizes.--Not later than 4 years after the date of the enactment of this Act, and under the authority provided by section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the heads of relevant Federal agencies, including the Secretary of Defense, and in conjunction with nongovernmental partners, as appropriate and at the discretion of the Administrator, shall establish at least one Ocean Innovation Prize to catalyze the rapid development and deployment of data collection and monitoring technology related to the Great Lakes, oceans, bays, estuaries, and coasts in at least one of the areas specified in subsection (b).

    Inserted: (b) Areas.--The areas specified in this subsection are the following:

    Inserted: (1) Improved eDNA analytics and deployment with autonomous vehicles.

    Inserted: (2) Plastic pollution detection, quantification, and mitigation, including with respect to used fishing gear and tracking technologies to reduce or eliminate bycatch.

    Inserted: (3) Advanced satellite data and other advanced technology for improving scientific assessment.

    Inserted: (4) New stock assessment methods using satellite data or other advanced technologies.

    Inserted: (5) Advanced electronic fisheries monitoring equipment and data analysis tools, including improved fish species recognition software, confidential data management, data analysis and visualization, and storage of electronic reports, imagery, location information, and other data.

    Inserted: (6) Autonomous and other advanced surface vehicles, underwater vehicles, or airborne platforms for data collection and monitoring.

    Inserted: (7) Artificial intelligence and machine learning applications for data collection and monitoring related to the Great Lakes, oceans, bays, estuaries, and coasts.

    Inserted: (8) Coral reef ecosystem monitoring.

    Inserted: (9) Electronic equipment, chemical or biological sensors, data analysis tools, and platforms to identify and fill gaps in robust and shared continuous data related to the Great Lakes, oceans, bays, estuaries, and coasts to inform global earth system models.

    Inserted: (10) Means for protecting aquatic life from injury or other ill effects caused, in whole or in part, by monitoring or exploration activities.

    Inserted: (11) Discovery and dissemination of data related to the Great Lakes, oceans, bays, estuaries, and coasts.

    Inserted: (12) Water quality monitoring, including improved detection and prediction of harmful algal blooms and pollution.

    Inserted: (13) Enhancing blue carbon sequestration and other ocean acidification mitigation opportunities.

    Inserted: (14) Such other areas as may be identified by the Administrator.

    Inserted: (c) Prioritization of Proposals.--In selecting recipients of Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) solicitations and interagency grants for ocean innovation, including the National Oceanographic Partnership Program, the Administrator shall prioritize proposals for fiscal years 2023 and 2024 that address at least one of the areas specified in subsection (b).

    Inserted: SEC. __22H. REAUTHORIZATION OF NOAA PROGRAMS.

    Inserted: Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d) is amended--

    Inserted: (1) in paragraph (1), by striking "$70,814,000 for each of fiscal years 2019 through 2023" and inserting "$71,000,000 for each of fiscal years 2023 through 2026";

    Inserted: (2) in paragraph (2), by striking "$25,000,000 for each of fiscal years 2019 through 2023" and inserting "$34,000,000 for each of fiscal years 2023 through 2026";

    Inserted: (3) in paragraph (3), by striking "$29,932,000 for each of fiscal years 2019 through 2023" and inserting "$38,000,000 for each of fiscal years 2023 through 2026";

    Inserted: (4) in paragraph (4), by striking "$26,800,000 for each of fiscal years 2019 through 2023" and inserting "$45,000,000 for each of fiscal years 2023 through 2026"; and

    Inserted: (5) in paragraph (5), by striking "$30,564,000 for each of fiscal years 2019 through 2023" and inserting "$35,000,000 for each of fiscal years 2023 through 2026".

    Inserted: SEC. __22I. BLUE ECONOMY VALUATION.

    Inserted: (a) Measurement of Blue Economy Industries.--The Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of Economic Analysis, the Commissioner of the Bureau of Labor Statistics, the Secretary of the Treasury, and the heads of other relevant Federal agencies, shall prioritize the collection, aggregation, and analysis of data to measure the value and impact of industries related to the Great Lakes, oceans, bays, estuaries, and coasts on the economy of the United States, including living resources, marine construction, marine transportation, offshore mineral extraction, ship and boat building, tourism, recreation, subsistence, and such other industries the Administrator considers appropriate (known as "Blue Economy" industries).

    Inserted: (b) Collaboration.--In carrying out subsection (a), the Administrator shall--

    Inserted: (1) work with the Director of the Bureau of Economic Analysis and the heads of other relevant Federal agencies to develop a Coastal and Ocean Economy Satellite Account that includes national and State-level statistics to measure the contribution of the Great Lakes, oceans, bays, estuaries, and coasts to the overall economy of the United States; and

    Inserted: (2) collaborate with national and international organizations and governments to promote consistency of methods, measurements, and definitions to ensure comparability of results between countries.

    Inserted: (c) Report.--Not less frequently than once every 2 years, the Administrator, in consultation with the Director of the Bureau of Economic Analysis, the Commissioner of the Bureau of Labor Statistics, the Secretary of the Treasury, and the heads of other relevant Federal agencies, shall publish a report that--

    Inserted: (1) defines the Blue Economy, in coordination with Tribal governments, academia, industry, nongovernmental organizations, and other relevant experts;

    Inserted: (2) makes recommendations for updating North American Industry Classification System (NAICS) reporting codes to reflect the Blue Economy; and

    Inserted: (3) provides a comprehensive estimate of the value and impact of the Blue Economy with respect to each State and territory of the United States, including--

    Inserted: (A) the value and impact of--

    Inserted: (i) economic activities that are dependent upon the resources of the Great Lakes, oceans, bays, estuaries, and coasts;

    Inserted: (ii) the population and demographic characteristics of the population along the coasts;

    Inserted: (iii) port and shoreline infrastructure;

    Inserted: (iv) the volume and value of cargo shipped by sea or across the Great Lakes; and

    Inserted: (v) data collected from the Great Lakes, oceans, bays, estuaries, and coasts, including such data collected by businesses that purchase and commodify the data, including weather prediction and seasonal agricultural forecasting; and

    Inserted: (B) to the extent possible, the qualified value and impact of the natural capital of the Great Lakes, oceans, bays, estuaries, and coasts with respect to tourism, recreation, natural resources, and cultural heritage, including other indirect values.

    Inserted: SEC. __22J. ADVANCED RESEARCH PROJECTS AGENCY-OCEANS.

    Inserted: (a) Agreement.--Not later than 45 days after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration shall seek to enter into an agreement with the National Academy of Sciences to conduct the comprehensive assessment under subsection (b).

    Inserted: (b) Comprehensive Assessment.--

    Inserted: (1) In general.--Under an agreement between the Administrator and the National Academy of Sciences under this section, the National Academy of Sciences shall conduct a comprehensive assessment of the need for and feasibility of establishing an Advanced Research Projects Agency-Oceans (ARPA-O) that operates in coordination with and with nonduplication of existing Federal oceanic research programs, including programs of the Office of Oceanic and Atmospheric Research of the National Oceanic and Atmospheric Administration.

    Inserted: (2) Elements.--The comprehensive assessment carried out pursuant to paragraph (1) shall include--

    Inserted: (A) an assessment of how an ARPA-O could help overcome the long-term and high-risk technological barriers in the development of ocean technologies, with the goal of enhancing the economic, ecological, and national security of the United States through the rapid development of technologies that result in--

    Inserted: (i) improved data collection, monitoring, and prediction of the ocean environment, including sea ice conditions;

    Inserted: (ii) overcoming barriers to the application of new and improved technologies, such as high costs and scale of operational missions;

    Inserted: (iii) improved management practices for protecting ecological sustainability;

    Inserted: (iv) improved national security capacity;

    Inserted: (v) improved technology for fishery population assessments;

    Inserted: (vi) expedited processes between and among Federal agencies to successfully identify, transition, and coordinate research and development output to operations, applications, commercialization, and other uses; and

    Inserted: (vii) ensuring that the United States maintains a technological lead in developing and deploying advanced ocean technologies;

    Inserted: (B) an evaluation of the organizational structures under which an ARPA-O could be organized, which takes into account--

    Inserted: (i) best practices for new research programs;

    Inserted: (ii) consolidation and reorganization of existing Federal oceanic programs to effectuate coordination and nonduplication of such programs;

    Inserted: (iii) metrics and approaches for periodic program evaluation;

    Inserted: (iv) capacity to fund and manage external research awards; and

    Inserted: (v) options for oversight of the activity through a Federal agency, an interagency organization, nongovernmental organization, or other institutional arrangement; and

    Inserted: (C) an estimation of the scale of investment necessary to pursue high priority ocean technology projects.

    Inserted: (c) Report.--Not later than 18 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the comprehensive assessment conducted under subsection (b).

    Inserted: Subtitle M--Climate Change Education SEC. __23. FINDINGS.

    Inserted: Congress makes the following findings:

    Inserted: (1) The evidence for human-induced climate change is overwhelming and undeniable.

    Inserted: (2) Atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation.

    Inserted: (3) Providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action.

    Inserted: (4) Implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment.

    Inserted: (5) Informing people of new technologies and programs as they become available will ensure maximum understanding and maximum effect of those measures.

    Inserted: (6) More than 3,000,000 students graduate from high schools and colleges in the United States each year, armed with attitudes, skills, and knowledge about the climate that inform their actions.

    Inserted: (7) The effect on the climate, positive or negative, of each of those 3,000,000 students lasts beyond a lifetime.

    Inserted: (8) Those students need to be prepared to implement changes in professional and personal practices, to support and help develop new technology and policy, and to address the coming social and economic challenges and opportunities arising from a changing climate.

    Inserted: (9) It has been demonstrated that the people of the United States overwhelmingly support teaching students about the causes, consequences, and potential solutions to climate change in all 50 States and more than 3,000 counties across the United States.

    Inserted: (10) Only 30 percent of middle school and 45 percent of high school science teachers understand the extent of the scientific consensus on climate change.

    Inserted: SEC. __23A. DEFINITIONS.

    Inserted: In this subtitle:

    Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the National Oceanic and Atmospheric Administration.

    Inserted: (2) Climate change education.--The term "climate change education" means nonformal and formal interdisciplinary learning at all age levels about--

    Inserted: (A) climate change, climate adaptation and mitigation, climate resilience, and climate justice; and

    Inserted: (B) the effects of climate change, climate adaptation and mitigation, climate resilience, and climate justice on the environmental, energy, social, and economic systems of the United States.

    Inserted: (3) Climate literacy.--The term "climate literacy" means competence or knowledge of climate change, its causes and impacts, and the technical, scientific, economic, and social dynamics of promising solutions.

    Inserted: (4) Climate justice.--The term "climate justice" means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of policies and projects to ensure that each person enjoys the same degree of protection from the adverse effects of climate change.

    Inserted: (5) Environmental justice.--The term "environmental justice" means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that each person enjoys--

    Inserted: (A) the same degree of protection from environmental and health hazards; and

    Inserted: (B) equal access to any Federal agency action on environmental justice issues in order to have a healthy environment in which to live, learn, work, and recreate.

    Inserted: (6) Environmental justice community.--The term "environmental justice community" means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects as compared to other communities.

    Inserted: (7) Green economy.--The term "green economy" means an economy that results in improved human and economic well-being and social equity by significantly reducing environmental risks and ecological scarcities.

    Inserted: (8) Institution of higher education.--The term "institution of higher education" has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

    Inserted: (9) Local educational agency; state educational agency.--The terms "local educational agency" and "State educational agency" have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

    Inserted: (10) Nonformal.--The term "nonformal" means, with respect to learning, out-of-school educational programming carried out by nonprofit organizations and public agencies.

    Inserted: (11) Nonprofit organization.--The term "nonprofit organization" means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code.

    Inserted: SEC. __23B. CLIMATE CHANGE EDUCATION PROGRAM.

    Inserted: The Administrator shall establish a Climate Change Education Program to--

    Inserted: (1) increase the climate literacy of the United States by broadening the understanding of climate change, including possible long-term and short-term consequences, disproportionate impacts of those consequences, and potential solutions;

    Inserted: (2) apply the latest scientific and technological discoveries, including through the use of the scientific assets of the Administration, to provide formal and nonformal learning opportunities to individuals of all ages, including individuals of diverse cultural and linguistic backgrounds; and

    Inserted: (3) emphasize actionable information to help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, climate resilience, climate justice, and environmental justice.

    Inserted: SEC. __23C. GRANT PROGRAM.

    Inserted: (a) In General.--As part of the Climate Change Education Program established under section __23B, the Administrator shall establish a program to make grants to the following:

    Inserted: (1) State educational agencies, in partnership with local educational agencies and local nonprofit organizations, for the implementation of aspects of State climate literacy plans for grades 4 through 12 formal and informal climate change education that--

    Inserted: (A) are aligned with State education standards;

    Inserted: (B) ensure that students graduate from high school with climate literacy; and

    Inserted: (C) include at least 1 of the following:

    Inserted: (i) Relevant teacher training and professional development.

    Inserted: (ii) Creation of applied learning project-based models, such as models making optimum use of green features improvements to school facilities, such as energy systems, lighting systems, water management, waste management, and school grounds improvements.

    Inserted: (iii) Incorporation of climate change mitigation and green technologies into new and existing career and technical education career tracks and work-based learning experiences, including development of partnerships with labor organizations, trade organizations, and apprenticeship programs.

    Inserted: (2) Institutions of higher education and networks or partnerships of such institutions to engage teams of faculty and students to develop applied climate research and deliver to local communities direct services related to local climate mitigation and adaptation issues, with priority given to projects that--

    Inserted: (A) foster long-term campus-community partnerships;

    Inserted: (B) show potential to scale work beyond the grant term;

    Inserted: (C) are inclusive for all segments of the population; and

    Inserted: (D) promote equitable and just outcomes.

    Inserted: (3) Professional associations and academic disciplinary societies for projects that build capacity at the State and national levels for continuing education by practicing professionals and the general public in green economy fields.

    Inserted: (4) Youth corps organizations to engage in community-based climate mitigation and adaptation work that includes a substantive educational component.

    Inserted: (b) Consultation.--The Administrator shall annually consult with other relevant agencies of the Federal Government to determine ways in which grant making under subsection (a) can enhance and support other national climate education and training and environmental justice goals.

    Inserted: (c) Environmental Justice Communities.--The Administrator shall ensure that 40 percent of all funds appropriated for grants under paragraphs (2) and (4) of subsection (a) are directed into environmental justice communities.

    Inserted: (d) Communities of Practice.--The Administrator shall establish communities of practice with respect to each of paragraphs (1) through (4) of subsection (a) in order to accelerate learning.

    Inserted: SEC. __23D. REPORT.

    Inserted: Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader effects of activities carried out under this subtitle.

    Inserted: SEC. __23E. AUTHORIZATION OF APPROPRIATIONS.

    Inserted: (a) In General.--There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this subtitle $50,000,000 for each of fiscal years 2022 through 2027.

    Inserted: (b) Allocation of Amounts for Grant Program.--

    Inserted: (1) In general.--Amounts appropriated to carry out the grant program required by section __23C(a) shall be allocated as follows:

    Inserted: (A) Not less than 40 percent and not more than 60 percent for grants made under paragraph (1) of such section.

    Inserted: (B) Not less than 20 percent and not more than 40 percent for grants made under paragraph (2) of such section.

    Inserted: (C) Not less than 5 percent and not more than 20 percent for grants made under paragraph (3) of such section.

    Inserted: (D) Not less than 5 percent and not more than 20 percent for grants made under paragraph (4) of such section.

    Inserted: (E) Such amount as the Administrator determines appropriate for the administration of this subtitle.

    Inserted: (2) Exception.--If amounts appropriated to carry out the grant program required by section __23C(a) do not exceed $10,000,000 in any fiscal year, the National Oceanic and Atmospheric Administration may prioritize grants made under subparagraphs (A) and (B) of paragraph (1) of such section.

    Inserted: Subtitle N--Office of Education Technology to Support the Bureau of Indian Education SEC. __24. UPDATING BUREAU OF INDIAN AFFAIRS PROGRAMS.

    Inserted: Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended by striking "Office of Indian Education Programs" each place it appears (in any font) and inserting "Bureau of Indian Education" (in the corresponding font).

    Inserted: SEC. __24A. ESTABLISHMENT FOR THE OFFICE OF EDUCATION TECHNOLOGY TO SUPPORT THE BUREAU OF INDIAN EDUCATION.

    Inserted: Section 1133 of the Education Amendments of 1978 (25 U.S.C. 2013) is amended by adding at the end the following:

    Inserted: "(c) Bureau of Indian Education Office of Education Technology.--

    Inserted: "(1) Establishment.--

    Inserted: "(A) In general.--Not later than 24 months after the date of the enactment of this subsection, the Secretary shall establish the Office of Education Technology under the Assistant Secretary for Indian Affairs to be administered by the Deputy Assistant Secretary of Indian Affairs (Management).

    Inserted: "(B) Capacity and coordination.--Not later than 36 months after the date of the enactment of this subsection, the Office of the Assistant Secretary of Indian Affairs shall coordinate with the Bureau of Indian Education Director to ensure consistent and timely coordination for the Office of Education Technology to be at full capacity.

    Inserted: "(C) Transfer.--Not later than 37 months after the date of the enactment of this subsection, the Deputy Assistant Secretary of Indian Affairs (Management), the Secretary (in consultation with the Chief Information Officer for the Department of the Interior), the Assistant Secretary for Indian Affairs, and the Director of the Bureau of Indian Education shall transfer the Office of Educational Technology to the Bureau of Indian Education.

    Inserted: "(2) Purpose.--The Office of Education Technology shall ensure that the Bureau of Indian Education has the necessary education technology support to improve educational outcomes.

    Inserted: "(3) Duties.--The Office of Education Technology shall--

    Inserted: "(A) manage the procurement, distribution, and updates for information technology and related equipment;

    Inserted: "(B) plan, coordinate, and implement policies related to information technology and related equipment;

    Inserted: "(C) provide technical assistance for the agency school boards, Bureau of Indian Education Funded Schools, and early childhood services; and

    Inserted: "(D) coordinate education technology programs and activities for the Bureau of Indian Education.

    Inserted: "(d) Implementation of Education Technology Modernization Systems.--

    Inserted: "(1) Needs assessment.--Not later than 2 years after the date of the enactment of this subsection, the Office of the Assistant Secretary for Indian Affairs and the Bureau of Indian Education shall complete a needs assessment of education technology for Bureau of Indian Education Funded Schools.

    Inserted: "(2) Implementation.--Not later than 3 years after the date of the enactment of this subsection, the Secretary shall complete the implementation of a long-term modernization plan and report progress updates for Bureau of Indian Education Funded Schools.

    Inserted: "(e) Reporting.--Not later than 3 years after the date of the enactment of this subsection, and each fiscal year thereafter, the Secretary shall submit to the Committee on Natural Resources and Committee on Education and Labor of the House of Representatives and the Committee on Indian Affairs of the Senate, a report that contains--

    Inserted: "(1) a yearly evaluation of the implementation of this Act, including a description of the progress of the Office of Information Technology in carrying out the activities described in subsection (c)(3); and

    Inserted: "(2) such other information the Director of the Bureau of Indian Education, in coordination with the Assistant Secretary for Indian Affairs deems necessary.

    Inserted: "(f) Definitions.--In this section:

    Inserted: "(1) Bureau of indian education funded schools.--The term 'Bureau of Indian Education Funded Schools' means Bureau of Indian Education operated schools, schools operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), and schools operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).

    Inserted: "(2) Office of education technology.--The term 'Office of Education Technology' means the Office of Education Technology supporting the Bureau of Indian Education established under this subsection.".

    Inserted: Subtitle O--Public Land Renewable Energy Development Act SEC. __25. DEFINITIONS.

    Inserted: In this subtitle:

    Inserted: (1) Covered land.--The term "covered land" means land that is--

    Inserted: (A) Federal land administered by the Secretary; and

    Inserted: (B) not excluded from the development of geothermal, solar, or wind energy under--

    Inserted: (i) a land use plan; or

    Inserted: (ii) other Federal law.

    Inserted: (2) Exclusion area.--The term "exclusion area" means covered land that is identified by the Bureau of Land Management as not suitable for development of renewable energy projects.

    Inserted: (3) Federal land.--The term "Federal land" means--

    Inserted: (A) public lands; and

    Inserted: (B) lands of the National Forest System as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).

    Inserted: (4) Fund.--The term "Fund" means the Renewable Energy Resource Conservation Fund established by section __25C(c)(1).

    Inserted: (5) Land use plan.--The term "land use plan" means--

    Inserted: (A) in regard to Federal land, a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

    Inserted: (B) in regard to National Forest System lands, a land management plan approved, amended, or revised under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

    Inserted: (6) Priority area.--The term "priority area" means covered land identified by the land use planning process of the Bureau of Land Management as being a preferred location for a renewable energy project, including a designated leasing area (as defined in section 2801.5(b) of title 43, Code of Federal Regulations (or a successor regulation)) that is identified under the rule of the Bureau of Land Management entitled "Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections" (81 Fed. Reg. 92122 (December 19, 2016)) (or a successor regulation).

    Inserted: (7) Public lands.--The term "public lands" has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

    Inserted: (8) Renewable energy project.--The term "renewable energy project" means a project carried out on covered land that uses wind, solar, or geothermal energy to generate energy.

    Inserted: (9) Secretary.--The term "Secretary" means the Secretary of the Interior.

    Inserted: (10) Variance area.--The term "variance area" means covered land that is--

    Inserted: (A) not an exclusion area;

    Inserted: (B) not a priority area; and

    Inserted: (C) identified by the Secretary as potentially available for renewable energy development and could be approved without a plan amendment, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)).

    Inserted: SEC. __25A. LAND USE PLANNING; UPDATES TO PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS.

    Inserted: (a) Priority Areas.--

    Inserted: (1) In general.--The Secretary, in consultation with the Secretary of Energy, shall establish priority areas on covered land for geothermal, solar, and wind energy projects, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 116-260). Among applications for a given renewable energy source, proposed projects located in priority areas for that renewable energy source shall--

    Inserted: (A) be given the highest priority for incentivizing deployment thereon; and

    Inserted: (B) be offered the opportunity to participate in any regional mitigation plan developed for the relevant priority areas.

    Inserted: (2) Establishing priority areas.--

    Inserted: (A) Geothermal energy.--For geothermal energy, the Secretary shall establish priority areas as soon as practicable, but not later than 5 years, after the date of enactment of this Act.

    Inserted: (B) Solar energy.--For solar energy--

    Inserted: (i) solar designated leasing areas (including the solar energy zones established by Bureau of Land Management Solar Energy Program, established in October 2012), and any subsequent land use plan amendments, shall be considered to be priority areas for solar energy projects; and

    Inserted: (ii) the Secretary shall complete a process to consider establishing additional solar priority areas as soon as practicable, but not later than 3 years, after the date of enactment of this Act.

    Inserted: (C) Wind energy.--For wind energy, the Secretary shall complete a process to consider establishing additional wind priority areas as soon as practicable, but not later than 3 years, after the date of enactment of this Act.

    Inserted: (b) Variance Areas.--Variance areas shall be considered for renewable energy project development, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 116-260), and applications for a given renewable energy source located in those variance areas shall be timely processed in order to assist in meeting that goal.

    Inserted: (c) Review and Modification.--

    Inserted: (1) In general.--Not less than once every 10 years, the Secretary shall--

    Inserted: (A) review the adequacy of land allocations for geothermal, solar, and wind energy priority, exclusion, and variance areas for the purpose of encouraging and facilitating new renewable energy development opportunities; and

    Inserted: (B) based on the review carried out under subparagraph (A), add, modify, or eliminate priority, variance, and exclusion areas.

    Inserted: (2) Exception.--Paragraph (1) shall not apply to the renewable energy land use planning published in the Desert Renewable Energy Conservation Plan developed by the California Energy Commission, the California Department of Fish and Wildlife, the Bureau of Land Management, and the United States Fish and Wildlife Service until January 1, 2031.

    Inserted: (d) Compliance With the National Environmental Policy Act.--For purposes of this section, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished--

    Inserted: (1) for geothermal energy, by updating the document entitled "Final Programmatic Environmental Impact Statement for Geothermal Leasing in the Western United States", dated October 2008, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized;

    Inserted: (2) for solar energy, by updating the document entitled "Final Programmatic Environmental Impact Statement (PEIS) for Solar Energy Development in Six Southwestern States", dated July 2012, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized; and

    Inserted: (3) for wind energy, by updating the document entitled "Final Programmatic Environmental Impact Statement on Wind Energy Development on BLM-Administered Lands in the Western United States", dated July 2005, and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized.

    Inserted: (e) No Effect on Processing Site Specific Applications.--Site specific environmental review and processing of permits for proposed projects shall proceed during preparation of an updated programmatic environmental impact statement, resource management plan, or resource management plan amendment.

    Inserted: (f) Coordination.--In developing updates required by this section, the Secretary shall coordinate, on an ongoing basis, with appropriate State, Tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities to ensure that priority areas identified by the Secretary are--

    Inserted: (1) economically viable (including having access to existing and planned transmission lines);

    Inserted: (2) likely to avoid or minimize impacts to habitat for animals and plants, recreation, cultural resources, and other uses of covered land; and

    Inserted: (3) consistent with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), including subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).

    Inserted: SEC. __25B. LIMITED GRANDFATHERING.

    Inserted: (a) Definition of Project.--In this section, the term "project" means a system described in section 2801.9(a)(4) of title 43, Code of Federal Regulations (as in effect on the date of enactment of this Act).

    Inserted: (b) Requirement To Pay Rents and Fees.--Unless otherwise agreed to by the owner of a project, the owner of a project that applied for a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2017, shall be obligated to pay with respect to the right-of-way all rents and fees in effect before the effective date of the rule of the Bureau of Land Management entitled "Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections" (81 Fed. Reg. 92122 (December 19, 2016)).

    Inserted: SEC. __25C. DISPOSITION OF REVENUES.

    Inserted: (a) Disposition of Revenues.--

    Inserted: (1) Availability.--Subject to future appropriations, and except as provided in paragraph (2), beginning on January 1, 2023, amounts collected from a wind or solar project as bonus bids, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization, are authorized to be made available as follows:

    Inserted: (A) Twenty-five percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the revenue is derived.

    Inserted: (B) Twenty-five percent shall be paid by the Secretary of the Treasury to the one or more counties within the boundaries of which the revenue is derived, to be allocated among the counties based on the percentage of land from which the revenue is derived.

    Inserted: (C) Twenty-five percent shall be deposited in the Treasury and be made available to the Secretary to carry out the program established under this subtitle, including the transfer of the funds by the Bureau of Land Management to other Federal agencies and State agencies to facilitate the processing of renewable energy permits on Federal land, with priority given to using the amounts, to the maximum extent practicable without detrimental impacts to emerging markets, to expediting the issuance of permits required for the development of renewable energy projects in the States from which the revenues are derived.

    Inserted: (D) Twenty-five percent shall be deposited in the Renewable Energy Resource Conservation Fund established by subsection (c).

    Inserted: (2) Exceptions.--Paragraph (1) shall not apply to the following:

    Inserted: (A) Amounts collected under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)).

    Inserted: (B) Amounts deposited into the National Parks and Public Land Legacy Restoration Fund under section 200402(b) of title 54, United States Code.

    Inserted: (b) Payments to States and Counties.--

    Inserted: (1) In general.--Amounts paid to States and counties under subsection (a)(1) shall be used consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191).

    Inserted: (2) Payments in lieu of taxes.--A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31, United States Code.

    Inserted: (c) Renewable Energy Resource Conservation Fund.--

    Inserted: (1) In general.--There is established in the Treasury a fund to be known as the "Renewable Energy Resource Conservation Fund", which shall be administered by the Secretary, in consultation with the Secretary of Agriculture.

    Inserted: (2) Use of funds.--The Secretary may make amounts in the Fund available to Federal, State, local, and Tribal agencies to be distributed in regions in which renewable energy projects are located on Federal land. Such amounts may be used to--

    Inserted: (A) restore and protect--

    Inserted: (i) fish and wildlife habitat for affected species;

    Inserted: (ii) fish and wildlife corridors for affected species; and

    Inserted: (iii) wetlands, streams, rivers, and other natural water bodies in areas affected by wind, geothermal, or solar energy development; and

    Inserted: (B) preserve and improve recreational access to Federal land and water in an affected region through an easement, right-of-way, or other instrument from willing landowners for the purpose of enhancing public access to existing Federal land and water that is inaccessible or restricted.

    Inserted: (3) Partnerships.--The Secretary may enter into cooperative agreements with State and Tribal agencies, nonprofit organizations, and other appropriate entities to carry out the activities described in paragraph (2).

    Inserted: (4) Investment of fund.--

    Inserted: (A) In general.--Amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities.

    Inserted: (B) Use.--Interest earned under subparagraph (A) may be expended in accordance with this subsection.

    Inserted: (5) Report to congress.--At the end of each fiscal year, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate that includes a description of--

    Inserted: (A) the amount collected as described in subsection (a), by source, during that fiscal year;

    Inserted: (B) the amount and purpose of payments during that fiscal year to each Federal, State, local, and Tribal agency under paragraph (2); and

    Inserted: (C) the amount remaining in the Fund at the end of the fiscal year.

    Inserted: (6) Intent of congress.--It is the intent of Congress that the revenues deposited and used in the Fund shall supplement (and not supplant) annual appropriations for activities described in paragraph (2).

    Inserted: SEC. __25D. SAVINGS.

    Inserted: Notwithstanding any other provision of this subtitle, the Secretary shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with title I of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (43 U.S.C. 1701 et seq.), as applicable, including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.

    Inserted: Subtitle P--Increasing Community Access to Resiliency Grants SEC. __26. CENTRALIZED WEBSITE FOR RESILIENCY GRANTS.

    Inserted: (a) In General.--Not later than 180 days after the date of enactment of this subsection, the Administrator shall establish and regularly update a publicly available website that includes--

    Inserted: (1) hyperlinks to all grants administered by the National Oceanic and Atmospheric Administration and hyperlinks to other Federal agencies that offer similar grants to assist State, Tribal, and local governments with resiliency, adaptation, and mitigation of climate change and sea level rise; and

    Inserted: (2) with respect to each such grant, the contact information for an individual who can offer assistance to State, Tribal, and local governments.

    Inserted: (b) Outreach.--The Administrator shall conduct outreach activities to inform State, Tribal, and local governments of the resiliency, adaptation, and mitigation grants.

    Inserted: (c) Administrator.--In this section, the term "Administrator" means the Secretary of Commerce acting through the Administrator of the National Oceanic and Atmospheric Administration.

    Inserted: Subtitle Q--Keep America's Waterfronts Working SEC. __27. WORKING WATERFRONTS GRANT PROGRAM.

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

    Inserted: "SEC. 320. WORKING WATERFRONTS GRANT PROGRAM.

    Inserted: "(a) Working Waterfront Task Force.--

    Inserted: "(1) Establishment and functions.--The Secretary of Commerce shall establish a task force to work directly with coastal States, user groups, and coastal stakeholders to identify and address critical needs with respect to working waterfronts.

    Inserted: "(2) Membership.--The members of the task force shall be appointed by the Secretary of Commerce, and shall include--

    Inserted: "(A) experts in the unique economic, social, cultural, ecological, geographic, and resource concerns of working waterfronts; and

    Inserted: "(B) representatives from the National Oceanic and Atmospheric Administration's Office of Coastal Management, the United States Fish and Wildlife Service, the Department of Agriculture, the Environmental Protection Agency, the United States Geological Survey, the Navy, the National Marine Fisheries Service, the Economic Development Agency, and such other Federal agencies as the Secretary considers appropriate.

    Inserted: "(3) Functions.--The task force shall--

    Inserted: "(A) identify and prioritize critical needs with respect to working waterfronts in States that have a management program approved by the Secretary of Commerce pursuant to section 306, in the areas of--

    Inserted: "(i) economic and cultural importance of working waterfronts to communities;

    Inserted: "(ii) changing environments and threats working waterfronts face from environment changes, trade barriers, sea level rise, extreme weather events, ocean acidification, and harmful algal blooms; and

    Inserted: "(iii) identifying working waterfronts and highlighting them within communities;

    Inserted: "(B) outline options, in coordination with coastal States and local stakeholders, to address such critical needs, including adaptation and mitigation where applicable;

    Inserted: "(C) identify Federal agencies that are responsible under existing law for addressing such critical needs; and

    Inserted: "(D) recommend Federal agencies best suited to address any critical needs for which no agency is responsible under existing law.

    Inserted: "(4) Information to be considered.--In identifying and prioritizing policy gaps pursuant to paragraph (3), the task force shall consider the findings and recommendations contained in section VI of the report entitled 'The Sustainable Working Waterfronts Toolkit: Final Report', dated March 2013.

    Inserted: "(5) Report.--Not later than 18 months after the date of the enactment of this section, the task force shall submit a report to Congress on its findings.

    Inserted: "(6) Implementation.--The head of each Federal agency identified in the report pursuant to paragraph (3)(C) shall take such action as is necessary to implement the recommendations contained in the report by not later than 1 year after the date of the issuance of the report.

    Inserted: "(b) Working Waterfront Grant Program.--

    Inserted: "(1) The Secretary shall establish a Working Waterfront Grant Program, in cooperation with appropriate State, regional, and other units of government, under which the Secretary may make a grant to any coastal State for the purpose of implementing a working waterfront plan approved by the Secretary under subsection (c).

    Inserted: "(2) Subject to the availability of appropriations, the Secretary shall award matching grants under the Working Waterfronts Grant Program to coastal States with approved working waterfront plans through a regionally equitable, competitive funding process in accordance with the following:

    Inserted: "(A) The Governor, or the lead agency designated by the Governor for coordinating the implementation of this section, where appropriate in consultation with the appropriate local government, shall determine that the application is consistent with the State's or territory's approved coastal zone plan, program, and policies prior to submission to the Secretary.

    Inserted: "(B) In developing guidelines under this section, the Secretary shall consult with coastal States, other Federal agencies, and other interested stakeholders with expertise in working waterfront planning.

    Inserted: "(C) Coastal States may allocate grants to local governments, Indian Tribes, agencies, or nongovernmental organizations eligible for assistance under this section.

    Inserted: "(3) In awarding a grant to a coastal State, the Secretary shall consider--

    Inserted: "(A) the economic, cultural, and historical significance of working waterfront to the coastal State;

    Inserted: "(B) the demonstrated working waterfront needs of the coastal State as outlined by a working waterfront plan approved for the coastal State under subsection (c), and the value of the proposed project for the implementation of such plan;

    Inserted: "(C) the ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other government units, landowners, corporations, or private organizations;

    Inserted: "(D) the potential for rapid turnover in the ownership of working waterfront in the coastal State, and where applicable the need for coastal States to respond quickly when properties in existing or potential working waterfront areas or public access areas as identified in the working waterfront plan submitted by the coastal State come under threat or become available; and

    Inserted: "(E) the impact of the working waterfront plan approved for the coastal State under subsection (c) on the coastal ecosystem and the users of the coastal ecosystem.

    Inserted: "(4) The Secretary shall approve or reject an application for such a grant within 60 days after receiving an application for the grant.

    Inserted: "(c) Working Waterfront Plans.--

    Inserted: "(1) To be eligible for a grant under subsection (b), a coastal State must submit and have approved by the Secretary a comprehensive working waterfront plan in accordance with this subsection, or be in the process of developing such a plan and have an established working waterfront program at the State or local level, or the Secretary determines that an existing coastal land use plan for that State is in accordance with this subsection.

    Inserted: "(2) Such plan--

    Inserted: "(A) must provide for preservation and expansion of access to coastal waters to persons engaged in commercial fishing, recreational fishing and boating businesses, aquaculture, boatbuilding, or other water-dependent, coastal-related business;

    Inserted: "(B) shall include one or more of--

    Inserted: "(i) an assessment of the economic, social, cultural, and historic value of working waterfront to the coastal State;

    Inserted: "(ii) a description of relevant State and local laws and regulations affecting working waterfront in the geographic areas identified in the working waterfront plan;

    Inserted: "(iii) identification of geographic areas where working waterfronts are currently under threat of conversion to uses incompatible with commercial and recreational fishing, recreational fishing and boating businesses, aquaculture, boatbuilding, or other water-dependent, coastal-related business, and the level of that threat;

    Inserted: "(iv) identification of geographic areas with a historic connection to working waterfronts where working waterfronts are not currently available, and, where appropriate, an assessment of the environmental impacts of any expansion or new development of working waterfronts on the coastal ecosystem;

    Inserted: "(v) identification of other working waterfront needs including improvements to existing working waterfronts and working waterfront areas;

    Inserted: "(vi) a strategic and prioritized plan for the preservation, expansion, and improvement of working waterfronts in the coastal State;

    Inserted: "(vii) for areas identified under clauses (iii), (iv), (v), and (vi), identification of current availability and potential for expansion of public access to coastal waters;

    Inserted: "(viii) a description of the degree of community support for such strategic plan; and

    Inserted: "(ix) a contingency plan for properties that revert to the coastal State pursuant to determinations made by the coastal State under subsection (g)(4)(C);

    Inserted: "(C) may include detailed environmental impacts on working waterfronts, including hazards, sea level rise, inundation exposure, and other resiliency issues;

    Inserted: "(D) may be part of the management program approved under section 306;

    Inserted: "(E) shall utilize to the maximum extent practicable existing information contained in relevant surveys, plans, or other strategies to fulfill the information requirements under this paragraph; and

    Inserted: "(F) shall incorporate the policies and regulations adopted by communities under local working waterfront plans or strategies in existence before the date of the enactment of this section.

    Inserted: "(3) A working waterfront plan--

    Inserted: "(A) shall be effective for purposes of this section for the 5-year period beginning on the date it is approved by the Secretary;

    Inserted: "(B) must be updated and re-approved by the Secretary before the end of such period; and

    Inserted: "(C) shall be complimentary to and incorporate the policies and objectives of regional or local working waterfront plans as in effect before the date of enactment of this section or as subsequently revised.

    Inserted: "(4) The Secretary may--

    Inserted: "(A) award planning grants to coastal States for the purpose of developing or revising comprehensive working waterfront plans; and

    Inserted: "(B) award grants consistent with the purposes of this section to States undertaking the working waterfront planning process under this section, for the purpose of preserving and protecting working waterfronts during such process.

    Inserted: "(5) Any coastal State applying for a working waterfront grant under this title shall--

    Inserted: "(A) develop a working waterfront plan, using a process that involves the public and those with an interest in the coastal zone;

    Inserted: "(B) coordinate development and implementation of such a plan with other coastal management programs, regulations, and activities of the coastal State; and

    Inserted: "(C) if the coastal State allows qualified holders (other than the coastal State) to enter into working waterfront covenants, provide as part of the working waterfront plan under this subsection a mechanism or procedure to ensure that the qualified holders are complying their duties to enforce the working waterfront covenant.

    Inserted: "(d) Uses, Terms, and Conditions.--

    Inserted: "(1) Each grant made by the Secretary under this section shall be subject to such terms and conditions as may be appropriate to ensure that the grant is used for purposes consistent with this section.

    Inserted: "(2) A grant under this section may be used--

    Inserted: "(A) to acquire a working waterfront, or an interest in a working waterfront;

    Inserted: "(B) to make improvements to a working waterfront, including the construction or repair of wharfs, boat ramps, or related facilities; or

    Inserted: "(C) for necessary climate adaptation mitigation.

    Inserted: "(e) Public Access Requirement.--A working waterfront project funded by grants made under this section must provide for expansion, improvement, or preservation of reasonable and appropriate public access to coastal waters at or in the vicinity of a working waterfront, except for commercial fishing or other industrial access points where the coastal State determines that public access would be unsafe.

    Inserted: "(f) Limitations.--

    Inserted: "(1) Except as provided in paragraph (2), a grant awarded under this section may be used to purchase working waterfront or an interest in working waterfront, including an easement, only from a willing seller and at fair market value.

    Inserted: "(2) A grant awarded under this section may be used to acquire working waterfront or an interest in working waterfront at less than fair market value only if the owner certifies to the Secretary that the sale is being entered into willingly and without coercion.

    Inserted: "(3) No Federal, State, or local entity may exercise the power of eminent domain to secure title to any property or facilities in connection with a project carried out under this section.

    Inserted: "(g) Allocation of Grants to Local Governments and Other Entities.--

    Inserted: "(1) The Secretary shall encourage coastal States to broadly allocate amounts received as grants under this section among working waterfronts identified in working waterfront plans approved under subsection (c).

    Inserted: "(2) Subject to the approval of the Secretary, a coastal State may, as part of an approved working waterfront plan, designate as a qualified holder any unit of State or local government or nongovernmental organization, if the coastal State is ultimately responsible for ensuring that the property will be managed in a manner that is consistent with the purposes for which the land entered into the program.

    Inserted: "(3) A coastal State or a qualified holder designated by a coastal State may allocate to a unit of local government, nongovernmental organization, fishing cooperative, or other entity, a portion of any grant made under this section for the purpose of carrying out this section, except that such an allocation shall not relieve the coastal State of the responsibility for ensuring that any funds so allocated are applied in furtherance of the coastal State's approved working waterfront plan.

    Inserted: "(4) A qualified holder may hold title to or interest in property acquired under this section, except that--

    Inserted: "(A) all persons holding title to or interest in working waterfront affected by a grant under this section, including a qualified holder, private citizen, private business, nonprofit organization, fishing cooperative, or other entity, shall enter into a working waterfront covenant;

    Inserted: "(B) such covenant shall be held by the coastal State or a qualified holder designated under paragraph (2);

    Inserted: "(C) if the coastal State determines, on the record after an opportunity for a hearing, that the working waterfront covenant has been violated--

    Inserted: "(i) all right, title, and interest in and to the working waterfront covered by such covenant shall, except as provided in subparagraph (D), revert to the coastal State; and

    Inserted: "(ii) the coastal State shall have the right of immediate entry onto the working waterfront;

    Inserted: "(D) if a coastal State makes a determination under subparagraph (C), the coastal State may convey or authorize the qualified holder to convey the working waterfront or interest in working waterfront to another qualified holder; and

    Inserted: "(E) nothing in this subsection waives any legal requirement under any Federal or State law.

    Inserted: "(h) Matching Contributions.--

    Inserted: "(1) Except as provided in paragraph (2), the Secretary shall require that each coastal State that receives a grant under this section, or a qualified holder designated by that coastal State under subsection (g), shall provide matching funds in an amount equal to at least 25 percent of the total cost of the project carried out with the grant.

    Inserted: "(2) The Secretary may waive the application of paragraph (1) for any qualified holder that is an underserved community, a community that has an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary considers appropriate.

    Inserted: "(3) A local community designated as a qualified holder under subsection (g) may utilize funds or other in-kind contributions donated by a nongovernmental partner to satisfy the matching funds requirement under this subsection.

    Inserted: "(4) As a condition of receipt of a grant under this section, the Secretary shall require that a coastal State provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured.

    Inserted: "(5) If financial assistance under this section represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project. Each portion shall be subject to match requirements under the applicable provision of law.

    Inserted: "(6) The Secretary shall treat as non-Federal match the value of a working waterfront or interest in a working waterfront, including conservation and other easements, that is held in perpetuity by a qualified holder, if the working waterfront or interest is identified in the application for the grant and acquired by the qualified holder within 3 years of the grant award date, or within 3 years after the submission of the application and before the end of the grant award period. Such value shall be determined by an appraisal performed at such time before the award of the grant as the Secretary considers appropriate.

    Inserted: "(7) The Secretary shall treat as non-Federal match the costs associated with acquisition of a working waterfront or an interest in a working waterfront, and the costs of restoration, enhancement, or other improvement to a working waterfront, if the activities are identified in the project application and the costs are incurred within the period of the grant award, or, for working waterfront described in paragraph (6), within the same time limits described in that paragraph. These costs may include either cash or in-kind contributions.

    Inserted: "(i) Limit on Administrative Costs.--No more than 5 percent of the funds made available to the Secretary under this section may be used by the Secretary for planning or administration of the program under this section.

    Inserted: "(j) Other Technical and Financial Assistance.--

    Inserted: "(1) Up to 5 percent of the funds appropriated under this section may be used by the Secretary for purposes of providing technical assistance as described in this subsection.

    Inserted: "(2) The Secretary shall--

    Inserted: "(A) provide technical assistance to coastal States and local governments in identifying and obtaining other sources of available Federal technical and financial assistance for the development and revision of a working waterfront plan and the implementation of an approved working waterfront plan;

    Inserted: "(B) provide technical assistance to States and local governments for the development, implementation, and revision of comprehensive working waterfront plans, which may include, subject to the availability of appropriations, planning grants and assistance, pilot projects, feasibility studies, research, and other projects necessary to further the purposes of this section;

    Inserted: "(C) assist States in developing other tools to protect working waterfronts;

    Inserted: "(D) collect and disseminate to States guidance for best storm water management practices in regards to working waterfronts;

    Inserted: "(E) provide technical assistance to States and local governments on integrating resilience planning into working waterfront preservation efforts; and

    Inserted: "(F) collect and disseminate best practices on working waterfronts and resilience planning.

    Inserted: "(k) Other Requirements.-- All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration or repair work carried out, in whole or in part, with financial assistance made available under this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

    Inserted: "(l) Reports.--

    Inserted: "(1) The Secretary shall--

    Inserted: "(A) develop performance measures to evaluate and report on the effectiveness of the program under this section in accomplishing the purpose of this section; and

    Inserted: "(B) submit to Congress a biennial report that includes such evaluations, an account of all expenditures, and descriptions of all projects carried out using grants awarded under this section.

    Inserted: "(2) The Secretary may submit the biennial report under paragraph (1)(B) by including it in the biennial report required under section 316.

    Inserted: "(m) Definitions.--In this section:

    Inserted: "(1) The term 'qualified holder' means a coastal State or a unit of local or coastal State government or a non-State organization designated by a coastal State under subsection (g).

    Inserted: "(2) The term 'Secretary' means the Secretary, acting through the National Oceanic and Atmospheric Administration.

    Inserted: "(3) The term 'working waterfront' means real property (including support structures over water and other facilities) that provides access to coastal waters to persons engaged in commercial and recreational fishing, recreational fishing and boating businesses, boatbuilding, aquaculture, or other water-dependent, coastal-related business and is used for, or that supports, commercial and recreational fishing, recreational fishing and boating businesses, boatbuilding, aquaculture, or other water-dependent, coastal-related business.

    Inserted: "(4) The term 'working waterfront covenant' means an agreement in recordable form between the owner of working waterfront and one or more qualified holders, that provides such assurances as the Secretary may require that--

    Inserted: "(A) the title to or interest in the working waterfront will be held by a grant recipient or qualified holder in perpetuity, except as provided in subparagraph (C);

    Inserted: "(B) the working waterfront will be managed in a manner that is consistent with the purposes for which the property is acquired pursuant to this section, and the property will not be converted to any use that is inconsistent with the purpose of this section;

    Inserted: "(C) if the title to or interest in the working waterfront is sold or otherwise exchanged--

    Inserted: "(i) all working waterfront owners and qualified holders involved in such sale or exchange shall accede to such agreement; and

    Inserted: "(ii) funds equal to the fair market value of the working waterfront or interest in working waterfront shall be paid to the Secretary by parties to the sale or exchange, and such funds shall, at the discretion of the Secretary, be paid to the coastal State in which the working waterfront is located for use in the implementation of the working waterfront plan of the State approved by the Secretary under this section; and

    Inserted: "(D) such covenant is subject to enforcement and oversight by the coastal State or by another person as determined appropriate by the Secretary.

    Inserted: "(n) Authorization of Appropriations.--There is authorized to be appropriated to the Grant Program $15,000,000.".

    Inserted: Subtitle R--Blue Carbon for Our Planet SEC. __28. INTERAGENCY WORKING GROUP.

    Inserted: (a) Establishment.--The National Science and Technology Council Subcommittee on Ocean Science and Technology shall establish an Interagency Working Group on Coastal Blue Carbon.

    Inserted: (b) Purposes.--The Interagency Working Group on Coastal Blue Carbon shall oversee the development of a national map of coastal blue carbon ecosystems, establish national coastal blue carbon ecosystem protection and restoration priorities, assess the biophysical, social, and economic impediments to coastal blue carbon ecosystem restoration, study the effects of climate change, environmental stressors, and human stressors on carbon sequestration rates, and preserve the continuity of coastal blue carbon data.

    Inserted: (c) Membership.--The Interagency Working Group on Coastal Blue Carbon shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the United States Fish and Wildlife Service, the National Park Service, the Bureau of Indian Affairs, the Smithsonian Institution, the Army Corps of Engineers, the Department of Agriculture, the Department of Energy, the Department of Defense, the Department of Transportation, the Department of State, the Federal Emergency Management Agency, and the Council on Environmental Quality.

    Inserted: (d) Chair.--The Interagency Working Group shall be chaired by the Administrator.

    Inserted: (e) Responsibilities.--The Interagency Working Group shall--

    Inserted: (1) oversee the development, update, and maintenance of a national map and inventory of coastal blue carbon ecosystems, including habitat types with a regional focus in analysis that is usable for local level protection planning and restoration;

    Inserted: (2) develop a strategic assessment of the biophysical, chemical, social, statutory, regulatory, and economic impediments to protection and restoration of coastal blue carbon ecosystems;

    Inserted: (3) develop a national strategy for foundational science necessary to study, synthesize, and evaluate the effects of climate change, environmental, and human stressors on sequestration rates and capabilities of coastal blue carbon ecosystems protection;

    Inserted: (4) establish national coastal blue carbon ecosystem protection and restoration priorities, including an assessment of current Federal funding being used for restoration efforts;

    Inserted: (5) ensure the continuity, use, and interoperability of data assets through the Smithsonian Environmental Research Center's Coastal Carbon Data Clearinghouse; and

    Inserted: (6) assess current legal authorities to protect and restore blue carbon ecosystems.

    Inserted: (f) Reports to Congress.--

    Inserted: (1) In general.--Not later than one year after the date of the enactment of this Act, the Interagency Working Group shall provide to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report containing the following:

    Inserted: (A) A summary of federally funded coastal blue carbon ecosystem research, monitoring, preservation, and restoration activities, including the budget for each of these activities and describe the progress in advancing the national priorities established in section __28B(a)(4)(A).

    Inserted: (B) An assessment of biophysical, social, and economic impediments to coastal blue carbon ecosystem restoration, including the vulnerability of coastal blue carbon ecosystems to climate impacts, such as sea-level rise, ocean and coastal acidification, and other environmental and human stressors.

    Inserted: (2) Strategic plan.--

    Inserted: (A) In general.--The Interagency Working group shall create a strategic plan for Federal investments in basic research, development, demonstration, long-term monitoring and stewardship, and deployment of coastal blue carbon ecosystem projects for the 5-year period beginning at the start of the first fiscal year after the date on which the budget assessment is submitted under paragraph (1). The plan shall include an assessment of the use of existing Federal programs to protect and preserve coastal blue carbon ecosystems and identify the need for any additional authorities or programs.

    Inserted: (B) Timing.--The Interagency Working Group shall--

    Inserted: (i) submit the strategic plan under paragraph (A) to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on a date that is not later than one year after the enactment of this Act and not earlier than the date on which the report under paragraph (1) is submitted to such committees of Congress; and

    Inserted: (ii) submit a revised version of such plan not less than quinquennially thereafter.

    Inserted: (C) Federal register.--Not later than 90 days before the strategic plan under this paragraph, or any revision thereof, is submitted under subparagraph (B), the Interagency Working Group shall publish such plan in the Federal Register and provide an opportunity for submission of public comments for a period of not less than 60 days.

    Inserted: SEC. __28A. NATIONAL MAP OF COASTAL BLUE CARBON ECOSYSTEMS.

    Inserted: (a) National Map.--The Interagency Working Group shall--

    Inserted: (1) produce, update at least once every five years, and maintain a national level map and inventory of coastal blue carbon ecosystems, including--

    Inserted: (A) the species and types of habitats and species in the ecosystem;

    Inserted: (B) the condition of such habitats including whether a habitat is degraded, drained, eutrophic, or tidally restricted;

    Inserted: (C) type of public or private ownership and any protected status;

    Inserted: (D) the size of the ecosystem;

    Inserted: (E) the salinity boundaries;

    Inserted: (F) the tidal boundaries;

    Inserted: (G) an assessment of carbon sequestration potential, methane production, and net greenhouse gas reductions including consideration of--

    Inserted: (i) quantification;

    Inserted: (ii) verifiability;

    Inserted: (iii) comparison to a historical baseline, as available; and

    Inserted: (iv) permanence of those benefits;

    Inserted: (H) an assessment of cobenefits of ecosystem and carbon sequestration;

    Inserted: (I) the potential for landward migration as a result of sea level rise;

    Inserted: (J) any upstream restrictions detrimental to the watershed process and conditions such as dams, dikes, and levees;

    Inserted: (K) the conversion of coastal blue carbon ecosystems to other land uses and the cause of such conversion; and

    Inserted: (L) a depiction of the effects of climate change, including sea level rise, environmental stressors, and human stressors on the sequestration rate, carbon storage, and potential of coastal blue carbon ecosystems; and

    Inserted: (2) in carrying out paragraph (1)--

    Inserted: (A) incorporate, to the extent possible, existing data collected through federally funded research and by a Federal agency, State agency, local agency, Tribe, including data collected from the National Oceanic and Atmospheric Administration Coastal Change Analysis Program, U.S. Fish and Wildlife Service National Wetlands Inventory, United States Geological Survey LandCarbon program, Federal Emergency Management Agency LiDAR information coordination and knowledge program, Department of Energy Biological and Environmental Research program, and Department of Agriculture National Coastal Blue Carbon Assessment; and

    Inserted: (B) engage regional technical experts in order to accurately account for regional differences in coastal blue carbon ecosystems.

    Inserted: (b) Use.--The Interagency Working Group shall use the national map and inventory--

    Inserted: (1) to assess the carbon sequestration potential of different coastal blue carbon habitats, and account for any regional differences;

    Inserted: (2) to assess and quantify emissions from degraded and destroyed coastal blue carbon ecosystems;

    Inserted: (3) to develop regional assessments and to provide technical assistance to regional, State, Tribal, and local government agencies, and regional information coordination entities as defined in section 123030(6) of the Integrated Coastal and Ocean Observation System Act (33 U.S.C. 3602);

    Inserted: (4) to assess degraded coastal blue carbon ecosystems and their potential for restoration, including developing scenario modeling to identify vulnerable areas where management, protection, and restoration efforts should be focused;

    Inserted: (5) produce future predictions of coastal blue carbon ecosystems and carbon sequestration rates in the context of climate change, environmental stressors, and human stressors; and

    Inserted: (6) use such map to inform the Administrator of the Environmental Protection Agency's creation of the annual Inventory of U.S. Greenhouse Gas Emissions and Sinks.

    Inserted: SEC. __28B. RESTORATION AND PROTECTIONS FOR EXISTING COASTAL BLUE CARBON ECOSYSTEMS.

    Inserted: (a) In General.--The Administrator shall--

    Inserted: (1) lead the Interagency Working Group in implementing the strategic plan under section __28(f)(2);

    Inserted: (2) coordinate monitoring and research efforts among Federal agencies in cooperation with State, local, and Tribal government and international partners and nongovernmental organizations;

    Inserted: (3) establish a national goal for conserving ocean and coastal blue carbon ecosystems within the territory of the United States, and as appropriate setting targets for restoration of degraded coastal blue carbon ecosystems;

    Inserted: (4) in coordination with the Interagency Working Group and as informed by the report under section __28(f) on current Federal expenditures on coastal blue carbon ecosystem restoration, identify--

    Inserted: (A) national coastal blue carbon ecosystem protection and restoration priorities that would produce the highest rate of carbon sequestration and greatest ecosystem benefits such as flood protection, soil and beach retention, erosion reduction, biodiversity, water purification, and nutrient cycling in the context of other environmental stressors and climate change; and

    Inserted: (B) ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on coastal blue carbon ecosystems through existing and new coastal management networks; and

    Inserted: (5) in coordination with State, local, and Tribal governments and coastal stakeholders, develop integrated pilot programs to restore degraded coastal blue carbon ecosystems in accordance with subsection (b).

    Inserted: (b) Integrated Pilot Programs To Restore and Protect Degraded Coastal Blue Carbon Ecosystems.--In carrying out subsection (a)(5), the Administrator shall--

    Inserted: (1) establish integrated pilot programs that develop best management practices, including design criteria and performance functions for coastal blue carbon ecosystem restoration and protection, nature-based adaptation strategies, restoration areas that intersect with the built environments as green-gray infrastructure projects, management practices for landward progression or migration of coastal blue carbon ecosystems, and identify potential barriers to restoration efforts, and increase long-term carbon sequestration and storage;

    Inserted: (2) ensure that the pilot programs cover geographically and ecologically diverse locations with significant ecological, economic, and social benefits, such as flood protection, soil and beach retention, erosion reduction, biodiversity, water purification, and nutrient cycling to reduce hypoxic conditions, and maximum potential for greenhouse gas emission reduction;

    Inserted: (3) establish a procedure for reviewing applications for the pilot program, taking into account--

    Inserted: (A) quantification;

    Inserted: (B) verifiability;

    Inserted: (C) additionality as compared to a historical baseline, when feasible; and

    Inserted: (D) permanence of those benefits;

    Inserted: (4) ensure, through consultation with the Interagency Working Group, that the goals and metrics for the pilot programs are communicated to the appropriate State, Tribe, and local governments, and to the general public;

    Inserted: (5) coordinate with relevant Federal agencies on the Interagency Working Group to prevent unnecessary duplication of effort among Federal agencies and departments with respect to restoration and protection programs;

    Inserted: (6) give priority to proposed eligible restoration activities that would--

    Inserted: (A) result in long-term protection and sequestration of carbon stored in coastal and marine environments;

    Inserted: (B) protect key habitats for fish, wildlife, and the maintenance of biodiversity;

    Inserted: (C) provide coastal protection from development, storms, flooding, and land-based pollution;

    Inserted: (D) protect coastal resources of national, historical, and cultural significance; and

    Inserted: (E) benefit communities of color, low-income communities, Tribal or Indigenous communities, or rural communities; and

    Inserted: (7) report to the Interagency Working Group, and Committee on Science, Space, and Technology of the House of Representatives, the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on the total number of acres of land or water protected or restored through the program, the status of restoration projects, and the blue carbon sequestration potential of each restoration pilot project.

    Inserted: SEC. __28C. NAS ASSESSMENT OF CONTAINMENT OF CARBON DIOXIDE IN DEEP SEAFLOOR ENVIRONMENT.

    Inserted: Not later than 90 days after the date of the enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academy of Sciences to conduct a comprehensive assessment on the long-term effects of geologic stores of carbon dioxide in a deep seafloor environment, including impacts on marine species and ecosystems.

    Inserted: SEC. __28D. AUTHORIZATION OF APPROPRIATIONS.

    Inserted: There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this subtitle $15,000,000 for each of the fiscal years 2023 through 2027.

    Inserted: SEC. __28E. DEFINITIONS.

    Inserted: In this subtitle:

    Inserted: (1) Administrator.--The term "Administrator" means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary's capacity as the Administrator of the National Oceanic and Atmospheric Administration.

    Inserted: (2) Coastal blue carbon ecosystem.--The term "coastal blue carbon ecosystem" refers to vegetated coastal habitats including mangroves, tidal marshes, seagrasses, kelp forests, and other tidal, freshwater, or salt-water wetlands, and their ability to sequester carbon from the atmosphere, accumulate it in biomass for years to decades, and store it in soils for centuries to millennia. Coastal blue carbon ecosystems include both autochthonous carbon and allochthonous carbon.

    Inserted: (3) State.--The term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory of the United States.

    Inserted: Subtitle S--Eliminate, Neutralize, and Disrupt Wildlife Trafficking Reauthorization and Improvements SEC. __29. SENSE OF CONGRESS.

    Inserted: It is the sense of Congress that--

    Inserted: (1) the United States Government should continue to work with international partners, including nations, nongovernmental organizations, and the private sector, to identify long-standing and emerging areas of concern in wildlife poaching and trafficking related to global supply and demand; and

    Inserted: (2) the activities and required reporting of the Presidential Task Force on Wildlife Trafficking, established by Executive Order No. 13648 (78 Fed. Reg. 40621), and modified by sections 201 and 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and 7631) should be reauthorized to minimize the disruption of the work of such Task Force.

    Inserted: SEC. __29A. DEFINITIONS.

    Inserted: Section 2 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amended--

    Inserted: (1) in paragraph (3), by inserting "involving local communities" after "approach to conservation";

    Inserted: (2) by amending paragraph (4) to read as follows:

    Inserted: "(4) Country of concern.--The term 'country of concern' means a foreign country specially designated by the Secretary of State pursuant to section 201(b) as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which--

    Inserted: "(A) the government has actively engaged in, or knowingly profited from, the trafficking of protected species; or

    Inserted: "(B) the government facilitates such trafficking through conduct that may include a persistent failure to make serious and sustained efforts to prevent and prosecute such trafficking."; and

    Inserted: (3) in paragraph (11), by striking "section 201" and inserting "section 301".

    Inserted: SEC. __29B. FRAMEWORK FOR INTERAGENCY RESPONSE AND REPORTING.

    Inserted: (a) Reauthorization of Report on Major Wildlife Trafficking Countries.--Section 201 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is amended--

    Inserted: (1) in subsection (a), by striking "annually thereafter" and inserting "biennially thereafter by June 1 of each year in which a report is required"; and

    Inserted: (2) by amending subsection (c) to read as follows:

    Inserted: "(c) Designation.--A country may be designated as a country of concern under subsection (b) regardless of such country's status as a focus country.".

    Inserted: (b) Presidential Task Force on Wildlife Trafficking Responsibilities.--Section 301(a) of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631(a)) is amended--

    Inserted: (1) in paragraph (4), by striking "and" at the end;

    Inserted: (2) by redesignating paragraph (5) as paragraph (10); and

    Inserted: (3) by inserting after paragraph (4) the following:

    Inserted: "(5) pursue programs and develop a strategy--

    Inserted: "(A) to expand the role of technology for anti-poaching and anti-trafficking efforts, in partnership with the private sector, foreign governments, academia, and nongovernmental organizations (including technology companies and the transportation and logistics sectors); and

    Inserted: "(B) to enable local governments to develop and use such technologies;

    Inserted: "(6) consider programs and initiatives that address the expansion of the illegal wildlife trade to digital platforms, including the use of digital currency and payment platforms for transactions by collaborating with the private sector, academia, and nongovernmental organizations, including social media, e-commerce, and search engine companies, as appropriate;

    Inserted: "(7)(A) establish and publish a procedure for removing from the list in the biennial report any country of concern that no longer meets the definition of country of concern under section 2(4);

    Inserted: "(B) include details about such procedure in the next report required under section 201;

    Inserted: "(8)(A) implement interventions to address the drivers of poaching, trafficking, and demand for illegal wildlife and wildlife products in focus countries and countries of concern;

    Inserted: "(B) set benchmarks for measuring the effectiveness of such interventions; and

    Inserted: "(C) consider alignment and coordination with indicators developed by the Task Force;

    Inserted: "(9) consider additional opportunities to increase coordination between law enforcement and financial institutions to identify trafficking activity; and".

    Inserted: (c) Presidential Task Force on Wildlife Trafficking Strategic Review.--Section 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631), as amended by subsection (b), is further amended--

    Inserted: (1) in subsection (d)--

    Inserted: (A) in the matter preceding paragraph (1), by striking "annually" and inserting "biennially";

    Inserted: (B) in paragraph (4), by striking "and" at the end;

    Inserted: (C) in paragraph (5), by striking the period at the end and inserting "; and"; and

    Inserted: (D) by adding at the end the following:

    Inserted: "(6) an analysis of the indicators developed by the Task Force, and recommended by the Government Accountability Office, to track and measure inputs, outputs, law enforcement outcomes, and the market for wildlife products for each focus country listed in the report, including baseline measures, as appropriate, for each indicator in each focus country to determine the effectiveness and appropriateness of such indicators to assess progress and whether additional or separate indicators, or adjustments to indicators, may be necessary for focus countries."; and

    Inserted: (2) by striking subsection (e).

    Inserted: SEC. __29C. FUNDING SAFEGUARDS.

    Inserted: (a) Procedures for Obtaining Credible Information.--Section 620M(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d(d)) is amended--

    Inserted: (1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; and

    Inserted: (2) by inserting after paragraph (3) the following:

    Inserted: "(4) routinely request and obtain such information from the United States Agency for International Development, the United States Fish and Wildlife Service, and other relevant Federal agencies that partner with international nongovernmental conservation groups;".

    Inserted: (b) Required Implementation.--The Secretary of State shall implement the procedures established pursuant to section 620M(d) of the Foreign Assistance Act of 1961, as amended by subsection (a), including vetting individuals and units, whenever the United States Agency for International Development, the United States Fish and Wildlife Service, or any other relevant Federal agency that partners with international nongovernmental conservation groups provides assistance to any unit of the security forces of a foreign country.

    Inserted: SEC. __29D. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAFFICKING CIVIL PENALTY ENFORCEMENT ACTIONS.

    Inserted: (a) Endangered Species Act of 1973.--Section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)) is amended by adding at the end the following:

    Inserted: "(7) Issuance of subpoenas.--

    Inserted: "(A) In general.--For the purposes of any inspection or investigation relating to the import into, or the export from, the United States of any fish or wildlife or plants covered under this Act or relating to the delivery, receipt, carrying, transport, shipment, sale, or offer for sale in interstate or foreign commerce of any such fish or wildlife or plants imported into, or exported from, the United States, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation.

    Inserted: "(B) Fees and mileage for witnesses.--A witness summoned under subparagraph (A) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

    Inserted: "(C) Refusal to obey subpoenas.--

    Inserted: "(i) In general.--In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this paragraph, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both.

    Inserted: "(ii) Failure to obey.--Any failure to obey an order issued by a district court of the United States under clause (i) may be punished by that court as a contempt of that court.".

    Inserted: (b) Lacey Act Amendments of 1981.--Section 6 of the Lacey Act Amendments of 1981 (16 U.S.C. 3375) is amended by adding at the end the following:

    Inserted: "(e) Issuance of Subpoenas.--

    Inserted: "(1) In general.--For the purposes of any inspection or investigation relating to the import into, or the export from, the United States of any fish or wildlife or plants covered under this Act or relating to the transport, sale, receipt, acquisition, or purchase in interstate or foreign commerce of any such fish or wildlife or plants imported into or exported from the United States, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation.

    Inserted: "(2) Fees and mileage for witnesses.--A witness summoned under paragraph (1) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

    Inserted: "(3) Refusal to obey subpoenas.--

    Inserted: "(A) In general.--In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subsection, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both.

    Inserted: "(B) Failure to obey.--Any failure to obey an order issued by a district court of the United States under subparagraph (A) may be punished by that court as a contempt of that court.".

    Inserted: (c) Bald and Golden Eagle Protection Act.--

    Inserted: (1) Civil penalties.--Subsection (b) of the first section of the Act of June 8, 1940 (commonly known as the "Bald and Golden Eagle Protection Act") (16 U.S.C. 668(b)), is amended--

    Inserted: (A) by striking "(b) Whoever, within the" and inserting the following:

    Inserted: "(b) Civil Penalties.--

    Inserted: "(1) In general.--Whoever, within the";

    Inserted: (B) in paragraph (1) (as so designated), in the first sentence, by striking "Secretary" and inserting "Secretary of the Interior (referred to in this subsection as the 'Secretary')"; and

    Inserted: (C) by adding at the end the following:

    Inserted: "(2) Hearings; issuance of subpoenas.--

    Inserted: "(A) Hearings.--Hearings held during proceedings for the assessment of civil penalties under paragraph (1) shall be conducted in accordance with section 554 of title 5, United States Code.

    Inserted: "(B) Issuance of subpoenas.--

    Inserted: "(i) In general.--For purposes of any hearing held during proceedings for the assessment of civil penalties under paragraph (1), the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths.

    Inserted: "(ii) Fees and mileage for witnesses.--A witness summoned pursuant to clause (i) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

    Inserted: "(iii) Refusal to obey subpoenas.--

    Inserted: "(I) In general.--In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subparagraph, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both.

    Inserted: "(II) Failure to obey.--Any failure to obey an order issued by a court of the United States under subclause (I) may be punished by that court as a contempt of that court.".

    Inserted: (2) Investigatory subpoenas.--Section 3 of the Act of June 8, 1940 (commonly known as the "Bald and Golden Eagle Protection Act") (16 U.S.C. 668b), is amended by adding at the end the following:

    Inserted: "(d) Issuance of Subpoenas.--

    Inserted: "(1) In general.--For the purposes of any inspection or investigation relating to the import into or the export from the United States of any bald or golden eagles covered under this Act, or any parts, nests, or eggs of any such bald or golden eagles, the Secretary of the Interior may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation.

    Inserted: "(2) Fees and mileage for witnesses.--A witness summoned under paragraph (1) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

    Inserted: "(3) Refusal to obey subpoenas.--

    Inserted: "(A) In general.--In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subsection, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary of the Interior, to appear and produce documents before the Secretary of the Interior, or both.

    Inserted: "(B) Failure to obey.--Any failure to obey an order issued by a court of the United States under subparagraph (A) may be punished by that court as a contempt of that court.".

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

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As printed

SA 5951. Mr. SCHATZ submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--NATURAL RESOURCES

Subtitle A--Illegal Fishing and Forced Labor Prevention SEC. __01. DEFINITIONS.

In this subtitle, the following definitions apply:

(1) Oppressive child labor.--The term “oppressive child labor” has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).

(2) Forced labor.--The term “forced labor” means any labor or service provided for or obtained by any means described in section 1589(a) of title 18, United States Code.

(3) Human trafficking.--The term “human trafficking” has the meaning given the term “severe forms of trafficking in persons” in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

(4) Illegal, unreported, or unregulated fishing.--The term “illegal, unreported, or unregulated fishing” has the meaning given such term in section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)).

(5) Seafood.--The term “seafood” means fish meal, and all marine animal and plant life meant for consumption as food other than marine mammals and birds, including fish, shellfish, shellfish products, and processed fish.

(6) Seafood import monitoring program.--The term “Seafood Import Monitoring Program” means the Seafood Traceability Program established under section 300.324 of title 50, Code of Federal Regulations.

(7) Secretary.--The term “Secretary” means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

SEC. __01A. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 2023 through 2028 to carry out chapter 1, chapter 2, and the amendments made by those chapters.

CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT MONITORING

SEC. __02. DEFINITIONS.

In this chapter, the following additional definitions apply:

(1) Competent authority.--The term “competent authority” means government and any third party that meets certain governing criteria. Such criteria shall be established by regulation, after outreach to key environmental and labor stakeholders.

(2) Unique vessel identifier.--The term “unique vessel identifier” means a unique number that stays with a vessel for the duration of the vessel's life, regardless of changes in flag, ownership, name, or other changes to the vessel.

SEC. __02A. EXPANSION OF SEAFOOD IMPORT MONITORING PROGRAM TO ALL SPECIES.

The Secretary shall, not later than 2 years after the date of enactment of this Act, expand the Seafood Import Monitoring Program to apply to all seafood and seafood products imported into the United States.

SEC. __02B. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM AUTOMATED COMMERCIAL ENVIRONMENT MESSAGE SET.

The Secretary, in coordination with the Commissioner of U.S. Customs and Border Protection, shall, not later than 6 months after the date of enactment of this Act, develop a strategy to improve the quality and verifiability of already collected Seafood Import Monitoring Program Message Set data elements in the Automated Commercial Environment system that prioritizes the use of enumerated data types, such as checkboxes, dropdown menus, or radio buttons, and any additional elements the Agency finds necessary, among other options, rather than open text fields, for--

(1) authorization to fish;

(2) unique vessel identifier (if available);

(3) catch document identifier;

(4) location of wild-capture harvest and landing or aquaculture location;

(5) type of fishing gear used to harvest the fish;

(6) name of farm or aquaculture facility, if applicable; and

(7) location of aquaculture facility, if applicable.

SEC. __02C. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD IMPORT MONITORING PROGRAM DATA COLLECTION.

(a) In General.--Not later than 1 year after date of enactment of this Act, the Secretary shall revise section 300.324 of title 50, Code of Federal Regulations, to--

(1) require at the time of entry for imported seafood and seafood products--

(A) location of catch or cultivation, including--

(i) geographic location at a resolution of not less than 1 degree latitude by 1 degree longitude;

(ii) the country code of the International Organization for Standardization if the catch was within the exclusive economic zone or territorial waters of a country;

(iii) if appropriate, the regional fisheries management organization or organizations having jurisdiction over the catch, if it occurs within the jurisdiction of any regional fisheries management organization; and

(iv) the Food and Agriculture Organization major fishing area codes;

(B) electronic reports of chain-of-custody records that identify, including with unique vessel identifiers when applicable, each custodian of the seafood, including transshippers, processors, storage facilities, and distributors and the physical address of such facilities;

(C) maritime mobile service identity number of harvesting and transshipment vessels; and

(D) beneficial owner of each harvesting and transshipment vessel or aquaculture facility, when applicable;

(2) require all importers submitting seafood import data to require prior notification and submission of seafood import data at least 72 hours and no more than 15 days prior to entry; and

(3) require verification and certification of harvest information by competent authorities at all major transfer points in the supply chain, including harvest, landing, processing, and transshipment at the time of entry.

(b) Forced Labor.--The Secretary, working in consultation with the Secretary of Homeland Security, the Secretary of Labor, and the Secretary of State, shall, not later than 1 year after the date of enactment of this Act, complete a regulatory process to establish additional key data elements for the Seafood Import Monitoring Program, that collect information about labor conditions in the harvest, transshipment, and processing of imported fish and fish products.

(c) International Fisheries Trade Permit.--Not later than 1 year after the date of enactment of this Act, the Secretary shall--

(1) publish and maintain on the website of the National Marine Fisheries Service a list of all current International Fisheries Trade Permit holders, including the name of the permit holder and expiration date of the permit;

(2) begin to revoke, modify, or deny issuance of an International Fisheries Trade Permit with respect to a permit holder or applicant that has violated any requirement of section 300.322, 300.323, 300.324, or 300.325 of title 50, Code of Federal Regulations; and

(3) require an International Fisheries Trade Permit for importers.

SEC. __02D. IMPORT AUDITS.

(a) Audit Procedures.--The Secretary shall, not later than 1 year after the date of enactment of this Act, implement procedures to audit information and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statistically robust conclusions that the samples audited are representative of all seafood imports with respect to a given year.

(b) Annual Revision.--In developing the procedures required in subsection (a), the Secretary shall, not less frequently than once each year, revise such procedures to prioritize for audit those imports originating from countries--

(1) identified pursuant to sections 609(b) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(b) or 1826k(a)) that have not yet received a subsequent positive certification pursuant to sections 609(d) or 610(c) of such Act, respectively;

(2) identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other countries or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fishing;

(3) identified as having human trafficking, including forced labor, in any part of the seafood supply chain, including on vessels flagged in such country and including feed for cultured production, in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);

(4) identified as producing goods that contain seafood using forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); and

(5) identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries by the report required in section 3563 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).

SEC. __02E. AVAILABILITY OF FISHERIES INFORMATION.

(a) In General.--Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)), as amended by this Act, is further amended--

(1) by striking “or” after the semicolon at the end of subparagraph (G);

(2) by striking the period at the end of subparagraph (H) and inserting “; or”; and

(3) by adding at the end the following:

“(I) to Federal agencies responsible for screening of imported seafood and for the purpose of carrying out the duties under or with respect to--

“(i) the Seafood Import Monitoring Program;

“(ii) the Antarctic Marine Living Resources Program;

“(iii) the Tuna Tracking and Verification Program;

“(iv) the Atlantic Highly Migratory Species International Trade Program;

“(v) the List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);

“(vi) the Trafficking in Persons Report required by section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107);

“(vii) enforcement activities and regulations authorized under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and

“(viii) the taking and related acts in commercial fishing operations under section 216.24 of title 50, Code of Federal Regulations;

“(J) to Federal, State and local agencies for the purposes of verification and enforcement of title II of this Act; or

“(K) information that pertains to catch documentation and legality of catch, if disclosure of that information would not materially damage the value of catch or business.”.

(b) Implementation Deadline.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations implementing the amendments in this section.

SEC. __02F. REPORT ON SEAFOOD IMPORT MONITORING.

(a) Report to Congress and Public Availability of Reports.--The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that summarizes the National Marine Fisheries Service's efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the public website of the National Oceanic and Atmospheric Administration.

(b) Contents.--Each report submitted under subsection (a) shall include--

(1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, described in section 300.324 of title 50, Code of Federal Regulations, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year;

(2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program;

(3) the percentage of import shipments subject to this program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations;

(4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program;

(5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program;

(6) the seafood species with respect to which violations described in paragraphs (4) and (5) were most prevalent;

(7) the location of catch or harvest with respect to which violations described in paragraphs (4) and (5) were most prevalent; and

(8) such other information as the Secretary considers appropriate with respect to monitoring and enforcing compliance with the Seafood Import Monitoring Program.

SEC. __02G. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection to carry out enforcement actions pursuant to section 307 of the Tariff Act $20,000,000 for each of fiscal years 2023 through 2027.

CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT HUMAN TRAFFICKING

SEC. __03. IDENTIFICATION AND CERTIFICATION CRITERIA.

(a) Denial of Port Privileges.--Section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j), as amended by this Act, is further amended--

(1) by striking subsections (a) and (b); and

(2) by inserting before subsection (c) the following:

“(a) Cooperation With Governments.--

“(1) Information collection.--The Secretary, in consultation with the Secretary of State, shall engage with each flag, coastal, port, and market nation that exports seafood to the United States to collect information sufficient to evaluate the effectiveness of such nation's management of fisheries and control systems to prevent illegal, unreported, or unregulated fishing.

“(2) Recommendations.--The Secretary, in consultation with the Secretary of State, shall provide recommendations to such nations to resolve compliance gaps and improve fisheries management and control systems in order to assist such nations in preventing illegal, unreported, or unregulated fishing.

“(b) Identification and Warning.--

“(1) For actions of a fishing vessel.--The Secretary shall identify and list in the report required by section 607 a nation if a fishing vessel of such nation is engaged or has, in the preceding 3 years, engaged in illegal, unreported, or unregulated fishing. The Secretary shall include all nations that qualify for identification, regardless of whether the Secretary has engaged in the process described in this subsection or under subsection (a). Any of the following relevant information is sufficient to form the basis of an identification:

“(A) Compliance reports.

“(B) Data or information from international fishery management organizations, a foreign government, or an organization or stakeholder group.

“(C) Information submitted by the public.

“(D) Information submitted to the Secretary under section 402(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(a)).

“(E) Import data collected by the Secretary pursuant to part 300.324 of title 50, Code of Federal Regulations.

“(F) Information compiled from a Federal agency, including, the Coast Guard and agencies within the Interagency Working Group on Illegal, Unreported, and Unregulated Fishing.

“(2) For actions of a nation.--The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing, including the following:

“(A) Any nation that is failing, or has failed in the preceding 3-year period, to cooperate with the United States Government in providing information about such nation's fisheries management and control systems described in subsection (a).

“(B) Any nation that is violating, or has violated at any point during the preceding 3 years, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement.

“(C) Any nation that is failing, or has failed in the preceding 3-year period, to effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing.

“(D) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port, or coastal state to take action to prevent, deter, and eliminate illegal, unreported, or unregulated fishing.

“(E) Any nation that provides subsidies that--

“(i) contribute to illegal, unreported, or unregulated fishing or increased capacity and overfishing at proportionally higher rates than subsidies that promote fishery resource conservation and management; or

“(ii) that otherwise undermine the effectiveness of any international fishery conservation program.

“(F) Any nation that has been identified as having human trafficking, including forced labor, in any part of the seafood supply chain in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).

“(G) Any nation that has been identified as producing seafood-related goods through forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).

“(H) Any nation that has been identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries in the report required in section 3563 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).

“(3) Warning.--The Secretary shall issue a warning to each nation identified under this subsection.

“(4) Timing.--The Secretary shall make an identification under paragraph (1) or (2) at any time that the Secretary has sufficient information to make such identification.”.

(b) Illegal, Unreported, or Unregulated Certification Determination.--Section 609(d) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)), as amended by this Act, is further amended to read as follows:

“(d) IUU Certification Procedure.--

“(1) Certification determination.--

“(A) In general.--The Secretary shall establish a procedure for certifying whether a nation identified under subsection (b) has taken appropriate corrective action with respect to the offending activities identified under section (b) that has led to measurable improvements in the reduction of illegal, unreported, or unregulated fishing and any underlying regulatory, policy, or practice failings or gaps that may have contributed to such identification.

“(B) Opportunity for comment.--The Secretary shall ensure that the procedure established under subparagraph (A) provides for notice and an opportunity for comment by the identified nation.

“(C) Determination.--The Secretary shall, consistent with such procedure, determine and certify to the Congress not later than 90 days after the date on which the Secretary issues a final rule containing the procedure, and biennially thereafter--

“(i) whether the government of each nation identified under subsection (b) has provided documentary evidence that such nation has taken corrective action with respect to such identification; or

“(ii) whether the relevant international fishery management organization has taken corrective action that has ended the illegal, unreported, or unregulated fishing activity by vessels of that nation.

“(2) Alternative procedure.--The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of fish or fish products from a fishery within a nation issued a negative certification under paragraph (1) if the Secretary--

“(A) determines the fishery has not engaged in illegal, unreported, or unregulated fishing under an international fishery management agreement to which the United States is a party;

“(B) determines the fishery is not identified by an international fishery management organization as participating in illegal, unreported, or unregulated fishing activities; and

“(C) ensures that any such seafood or seafood products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of Seafood Import Monitoring Program described in part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulation).

“(3) Effect of certification determination.--

“(A) Effect of negative certification.--The provisions of subsections (a) and (b)(3) and (4) of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall apply to any nation that, after being identified and warned under subsection (b) has failed to take the appropriate corrective actions for which the Secretary has issued a negative certification under this subsection.

“(B) Effect of positive certification.--The provisions of subsections (a) and (b)(3) and (4) of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection.”.

SEC. __03A. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING DEFINED.

(a) Definition of Illegal, Unreported, or Unregulated Fishing in the High Seas Driftnet Fishing Moratorium Protection Act.--Section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)), as amended by this Act, is further amended to read as follows:

“(e) Illegal, Unreported, or Unregulated Fishing Defined.--In this title, the term ‘illegal, unreported, or unregulated fishing' means any activity set out in paragraph 3 of the 2001 Food and Agriculture Organization International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported, and Unregulated Fishing.”.

(b) Definition of Illegal, Unreported, or Unregulated Fishing in the Magnuson-Stevens Fishery Conservation and Management Act.--Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) is amended by adding at the end the following:

“(51) The term ‘illegal, unreported, or unregulated fishing' means any activity set out in paragraph 3 of the 2001 Food and Agriculture Organization International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported, and Unregulated Fishing.”.

(c) Rule of Construction.--In construing the term “illegal, unreported, or unregulated fishing” for purposes of the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act, the Secretary shall follow internationally recognized labor rights stated in the International Labour Organization Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998), including--

(1) freedom of association and the effective recognition of the right to collective bargaining;

(2) the elimination of all forms of forced or compulsory labor;

(3) the effective abolition of oppressive child labor, a prohibition on the worst forms of child labor, and other labor protections for children and minors;

(4) the elimination of discrimination in respect of employment and occupation; and

(5) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.

SEC. __03B. EQUIVALENT CONSERVATION MEASURES.

(a) Identification.--Section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)), as amended by this Act, is further amended to read as follows:

“(a) Identification.--

“(1) In general.--The Secretary shall identify and list in the report under section 607--

“(A) a nation if--

“(i) any fishing vessel of that country is engaged, or has been engaged during the preceding 3 years in fishing activities or practices on the high seas or within the exclusive economic zone of any country, that have resulted in bycatch of a protected living marine resource; and

“(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable to the regulatory program of the United States; and

“(B) a nation if--

“(i) any fishing vessel of that country is engaged, or has engaged during the preceding 3 years, in fishing activities on the high sees or within the exclusive economic zone of another country that target or incidentally catch sharks; and

“(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port that is comparable to that of the United States.

“(2) Timing.--The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification.”.

(b) Consultation and Negotiation.--Section 610(b) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)), as amended by this Act, is further amended to read as follows:

“(b) Consultation and Negotiation.--The Secretary of State, acting in conjunction with the Secretary, shall--

“(1) notify, as soon as possible, the President, nations that have been identified under subsection (a), and other nations whose vessels engage in fishing activities or practices described in subsection (a), about the provisions of this Act;

“(2) initiate discussions as soon as possible with all foreign countries which are engaged in, or a fishing vessel of which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and multilateral treaties with such countries to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act;

“(3) seek agreements calling for international restrictions on fishing activities or practices described in subsection (a) through the United Nations, the Food and Agriculture Organization's Committee on Fisheries, and appropriate international fishery management bodies; and

“(4) initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section.”.

(c) Conservation Certification Procedure.--Section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)), as amended by this Act, is further amended--

(1) in subparagraph (A) of paragraph (1), by striking “, taking into account different conditions,”;

(2) in paragraph (2), by inserting “the public and” after “comment by”;

(3) in paragraph (4)--

(A) in subparagraph (A), by striking “, taking into account different conditions”;

(B) in subparagraph (B), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(C) ensures that any such fish or fish products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program established by part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulations).”; and

(4) in paragraph (5), by striking “(except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal, unreported, or unregulated fishing)”.

(d) Definition of Protected Living Marine Resource.--Section 610(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(e)), as amended by this Act, is further amended by striking paragraph (1) and inserting the following:

“(1) except as provided in paragraph (2), means nontarget fish, sea turtles, seabirds, or marine mammals that are protected under United States law or international agreement, including--

“(A) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);

“(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

“(C) the Shark Finning Prohibition Act (16 U.S.C. 1822 note), including amendments made by that Act; and

“(D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087, TIAS 8249); but”.

SEC. __03C. REGULATIONS.

Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations implementing this chapter.

CHAPTER 3--MARITIME AWARENESS

SEC. __04. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.

(a) Requirement for Fishing Vessels To Have Automatic Identification Systems.--Section 70114(a)(1) of title 46, United States Code, is amended--

(1) by striking “, while operating on the navigable waters of the United States,”

(2) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv);

(3) by inserting before clauses (i) through (iv), as redesignated by paragraph (2), the following:

“(A) While operating on the navigable waters of the United States:”; and

(4) by adding at the end the following:

“(B) A vessel of the United States that is more than 65 feet overall in length, while engaged in fishing, fish processing, or fish tendering operations on the navigable waters of the United States or in the United States exclusive economic zone.”.

(b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce for fiscal year 2023, $5,000,000, to remain available until expended, to purchase automatic identification systems for fishing vessels, fish processing vessels, fish tender vessels more than 50 feet in length, as described under this subtitle and the amendments made by this subtitle.

Subtitle B--Driftnet Modernization and Bycatch Reduction SEC. __12. DEFINITION.

Section 3(25) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(25)) is amended by inserting “, or with a mesh size of 14 inches or greater,” after “more”.

SEC. __12A. FINDINGS AND POLICY.

(a) Findings.--Section 206(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826(b)) is amended--

(1) in paragraph (6), by striking “and” at the end;

(2) in paragraph (7), by striking the period and inserting “; and”; and

(3) by adding at the end the following:

“(8) within the exclusive economic zone, large-scale driftnet fishing that deploys nets with large mesh sizes causes significant entanglement and mortality of living marine resources, including myriad protected species, despite limitations on the lengths of such nets.”.

(b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826(c)) is amended--

(1) in paragraph (2), by striking “and” at the end;

(2) in paragraph (3), by striking the period and inserting “; and”; and

(3) by adding at the end the following:

“(4) prioritize the phase-out of large-scale driftnet fishing in the exclusive economic zone and promote the development and adoption of alternative fishing methods and gear types that minimize the incidental catch of living marine resources.”.

SEC. __12B. TRANSITION PROGRAM.

Section 206 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826) is amended by adding at the end the following:

“(i) Fishing Gear Transition Program.--

“(1) In general.--During the 5-year period beginning on the date of enactment of this subsection, the Secretary shall conduct a transition program to facilitate the phase-out of large-scale driftnet fishing and adoption of alternative fishing practices that minimize the incidental catch of living marine resources, and shall award grants to eligible permit holders who participate in the program.

“(2) Permissible uses.--Any permit holder receiving a grant under paragraph (1) may use such funds only for the purpose of covering--

“(A) any fee originally associated with a permit authorizing participation in a large-scale driftnet fishery, if such permit is surrendered for permanent revocation, and such permit holder relinquishes any claim associated with the permit;

“(B) a forfeiture of fishing gear associated with a permit described in subparagraph (A); or

“(C) the purchase of alternative gear with minimal incidental catch of living marine resources, if the fishery participant is authorized to continue fishing using such alternative gears.

“(3) Certification.--The Secretary shall certify that, with respect to each participant in the program under this subsection, any permit authorizing participation in a large-scale driftnet fishery has been permanently revoked and that no new permits will be issued to authorize such fishing.”.

SEC. __12C. EXCEPTION.

Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(M)) is amended by inserting before the semicolon the following: “, unless such large-scale driftnet fishing--

“(i) deploys, within the exclusive economic zone, a net with a total length of less than 2\1/2\ kilometers and a mesh size of 14 inches or greater; and

“(ii) is conducted not later than 5 years after the date of enactment of this clause.”.

SEC. __12D. FEES.

(a) In General.--The North Pacific Fishery Management Council may recommend, and the Secretary of Commerce may approve, regulations necessary for the collection of fees from charter vessel operators who guide recreational anglers who harvest Pacific halibut in International Pacific Halibut Commission regulatory areas 2C and 3A as those terms are defined in part 300 of title 50, Code of Federal Regulations (or any successor regulations).

(b) Use of Fees.--Any fees collected under this section shall be available for the purposes of--

(1) financing administrative costs of the Recreational Quota Entity program;

(2) the purchase of halibut quota shares in International Pacific Halibut Commission regulatory areas 2C and 3A by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations);

(3) halibut conservation and research; and

(4) promotion of the halibut resource by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations).

(c) Limitation on Collection and Availability.--Fees shall be collected and available pursuant to this section only to the extent and in such amounts as provided in advance in appropriations Acts, subject to subsection (d).

(d) Fee Collected During Start-up Period.--Notwithstanding subsection (c), fees may be collected through the date of enactment of an Act making appropriations for the activities authorized under this title through September 30, 2023, and shall be available for obligation and remain available until expended.

Subtitle C--Marine Mammal Research and Response SEC. __13. DATA COLLECTION AND DISSEMINATION.

Section 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a) is amended--

(1) in subsection (b)--

(A) in paragraph (1)(A), by inserting “or entangled” after “stranded”;

(B) in paragraph (3)--

(i) by striking “strandings,” and inserting “strandings and entanglements, including unusual mortality events,”;

(ii) by inserting “stranding” before “region”; and

(iii) by striking “marine mammals; and” and inserting “marine mammals and entangled marine mammals to allow comparison of the causes of illness and deaths in stranded marine mammals and entangled marine mammals with physical, chemical, and biological environmental parameters; and”; and

(C) in paragraph (4), by striking “analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters.” and inserting “analyses.”; and

(2) by striking subsection (c) and inserting the following:

“(c) Information Required To Be Submitted and Collected.--

“(1) In general.--After each response to a stranding or entanglement event, the Secretary shall collect (including from any staff of the National Oceanic and Atmospheric Administration that respond directly to such an event), and shall require each stranding network participant who responds to that stranding or entanglement to submit to the Administrator of the National Oceanic and Atmospheric Administration--

“(A) data on the stranding event, including NOAA Form 89-864 (OMB #0648-0178), NOAA Form 89-878 (OMB #0648-0178), similar successor forms, or similar information in an appropriate format required by the United States Fish and Wildlife Service for species under its management authority;

“(B) supplemental data to the data described in subparagraph (A), which may include, as available, relevant information about--

“(i) weather and tide conditions;

“(ii) offshore human, predator, or prey activity;

“(iii) morphometrics;

“(iv) behavior;

“(v) health assessments;

“(vi) life history samples; or

“(vii) stomach and intestinal contents; and

“(C) data and results from laboratory analysis of tissues, which may include, as appropriate and available--

“(i) histopathology;

“(ii) toxicology;

“(iii) microbiology;

“(iv) virology; or

“(v) parasitology.

“(2) Timeline.--A stranding network participant shall submit--

“(A) the data described in paragraph (1)(A) not later than 30 days after the date of a response to a stranding or entanglement event;

“(B) the compiled data described in paragraph (1)(B) not later than 30 days after the date on which the data is available to the stranding network participant; and

“(C) the compiled data described in paragraph (1)(C) not later than 30 days after the date on which the laboratory analysis has been reported to the stranding network participant.

“(d) Availability of Data.--

“(1) In general.--The Secretary shall develop a program to make information, including any data and metadata collected under paragraphs (3) or (4) of subsection (b) or subsection (c), available to researchers, stranding network participants, and the public--

“(A) to improve real-time coordination of response to stranding and entanglement events across geographic areas and between stranding coordinators;

“(B) to identify and quickly disseminate information on potential public health risks;

“(C) to facilitate integrated interdisciplinary research;

“(D) to facilitate peer-reviewed publications;

“(E) to archive regional data into 1 national database for future analyses; and

“(F) for education and outreach activities.

“(2) Access to data.--The Secretary shall ensure that any data or metadata collected under subsection (c)--

“(A) by staff of the National Oceanic and Atmospheric Administration that responded directly to a stranding or entanglement event is available to the public through the Health MAP and the Observation System not later than 30 days after that data or metadata is collected by, available to, or reported to the Secretary; and

“(B) by a stranding network participant that responded directly to a stranding or entanglement event is made available to the public through the Health MAP and the Observation System not later than 2 years after the date on which that data is submitted to the Secretary under subsection (c).

“(3) Exceptions.--

“(A) Written release.--Notwithstanding paragraph (2)(B), the Secretary may make data described in paragraph (2)(B) publicly available earlier than 2 years after the date on which that data is submitted to the Secretary under subsection (c), if the stranding network participant has completed a written release stating that such data may be made publicly available.

“(B) Law enforcement.--Notwithstanding paragraph (2), the Secretary may withhold data for a longer period than the period of time described in paragraph (2) in the event of a law enforcement action or legal action that may be related to that data.

“(e) Standards.--The Secretary, in consultation with the marine mammal stranding community, shall--

“(1) make publicly available guidance about uniform data and metadata standards to ensure that data collected in accordance with this section can be archived in a form that is readily accessible and understandable to the public through the Health MAP and the Observation System; and

“(2) periodically update such guidance.

“(f) Management Policy.--In collaboration with the regional stranding networks, the Secretary shall develop, and periodically update, a data management and public outreach collaboration policy for stranding or entanglement events.”.

SEC. __13A. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.

(a) In General.--Section 403 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421b) is amended--

(1) in the section heading by inserting “or entanglement” before “response”;

(2) in subsection (a), by striking the period at the end and inserting “or entanglement.”; and

(3) in subsection (b)--

(A) in paragraph (1), by striking “and” after the semicolon;

(B) in paragraph (2), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(3) include a description of the data management and public outreach policy established under section 402(f).”.

(b) Table of Contents Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92-522; 86 Stat. 1027) is amended by striking the item related to section 403 and inserting the following:

“Sec. 403. Stranding or entanglement response agreements.”.

SEC. __13B. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.

Section 405 the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d) is amended--

(1) by striking subsection (b) and inserting the following:

“(b) Uses.--Amounts in the Fund--

“(1) shall be available only for use by the Secretary, in consultation with the Secretary of the Interior, and dispersed among claimants based on budgets approved by the Secretary prior to expenditure--

“(A) to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs incurred in acting in accordance with the contingency plan issued under section 404(b) or under the direction of an Onsite Coordinator for an unusual mortality event designated under section 404(a)(2)(B)(iii);

“(B) for reimbursing any stranding network participant for costs incurred in the collection, preparation, analysis, and transportation of marine mammal tissues and samples collected with respect to an unusual mortality event for the Tissue Bank; and

“(C) for the care and maintenance of a marine mammal seized under section 104(c)(2)(D); and

“(2) shall remain available until expended.”; and

(2) in subsection (c)--

(A) in paragraph (2), by striking “and” at the end;

(B) in paragraph (3), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

“(4) not more than $250,000 per year, as determined by the Secretary of Commerce, from sums collected as fines, penalties, or forfeitures of property by the Secretary of Commerce for violations of any provision of this Act; and

“(5) sums received from emergency declaration grants for marine mammal conservation.”.

SEC. __13C. LIABILITY.

Section 406(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421e(a)) is amended, in the matter preceding paragraph (1)--

(1) by inserting “or entanglement” after “to a stranding”; and

(2) by striking “government” and inserting “Government”.

SEC. __13D. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE ANALYSIS.

Section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f) is amended--

(1) in subsection (c)(2)(A), by striking “the health of marine mammals and” and inserting “marine mammal health and mortality and the health of”; and

(2) in subsection (d), in the matter preceding paragraph (1), by inserting “public” before “access”.

SEC. __13E. MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM AND RAPID RESPONSE FUND.

(a) In General.--Section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f-1) is amended--

(1) by striking the section heading and inserting “marine mammal rescue and response grant program and rapid response fund”;

(2) by striking subsections (a) through (d) and subsections (f) through (h);

(3) by redesignating subsection (e) as subsection (f); and

(4) by inserting before subsection (f), as redesignated by paragraph (3), the following:

“(a) Definitions.--In this section:

“(1) Emergency assistance.--

“(A) In general.--The term ‘emergency assistance' means--

“(i) financial assistance provided to respond to, or that results from, a stranding event or entanglement event that--

“(I) causes an immediate increase in the cost of a response, recovery, or rehabilitation that is greater than the usual cost of a response, recovery, or rehabilitation;

“(II) is cyclical or endemic; or

“(III) involves a marine mammal that is out of the normal range for that marine mammal; or

“(ii) financial assistance provided to respond to, or that results from, a stranding event or an entanglement event that the appropriate Secretary or State or Tribal government considers to be an emergency.

“(B) Exclusions.--The term ‘emergency assistance' does not include financial assistance to respond to an unusual mortality event.

“(2) Secretary.--The term ‘Secretary' has the meaning given that term in section 3(12)(A).

“(3) Stranding region.--The term ‘stranding region' means a geographic region designated by the applicable Secretary for purposes of administration of this title.

“(b) John H. Prescott Marine Mammal Rescue and Response Grant Program.--

“(1) In general.--Subject to the availability of appropriations or other funding, the applicable Secretary shall carry out a grant program, to be known as the ‘John H. Prescott Marine Mammal Rescue and Response Grant Program' (referred to in this section as the ‘grant program'), to award grants to eligible stranding network participants or stranding network collaborators, as described in this subsection.

“(2) Purposes.--The purposes of the grant program are to provide for--

“(A) the recovery, care, or treatment of sick, injured, or entangled marine mammals;

“(B) responses to marine mammal stranding events that require emergency assistance;

“(C) the collection of data and samples from living or dead stranded marine mammals for scientific research or assessments regarding marine mammal health;

“(D) facility operating costs that are directly related to activities described in subparagraph (A), (B), or (C); and

“(E) development of stranding network capacity, including training for emergency response, where facilities do not exist or are sparse.

“(3) Contract, grant, and cooperative agreement authority.--

“(A) In general.--The applicable Secretary may enter into a contract, grant, or cooperative agreement with any eligible stranding network participant or stranding network collaborator, as the Secretary determines to be appropriate, for the purposes described in paragraph (2).

“(B) Emergency award flexibility.--Following a request for emergency award flexibility and analysis of the merits of and necessity for such a request, the applicable Secretary may--

“(i) amend any contract, grant, or cooperative agreement entered into under this paragraph, including provisions concerning the period of performance; or

“(ii) waive the requirements under subsection (f) for grant applications submitted during the provision of emergency assistance.

“(4) Equitable distribution of funds.--

“(A) In general.--The Secretary shall ensure, to the extent practicable, that funds awarded under the grant program are distributed equitably among the stranding regions.

“(B) Considerations.--In determining priorities among the stranding regions under this paragraph, the Secretary may consider--

“(i) equitable distribution within the stranding regions, including the subregions (including the Gulf of Mexico);

“(ii) any episodic stranding, entanglement, or mortality events, except for unusual mortality events, that occurred in any stranding region in the preceding year;

“(iii) any data with respect to average annual stranding, entanglements, and mortality events per stranding region;

“(iv) the size of the marine mammal populations inhabiting a stranding region;

“(v) the importance of the region's marine mammal populations to the well-being of indigenous communities; and

“(vi) the conservation of protected, depleted, threatened, or endangered marine mammal species.

“(C) Strandings.--For the purposes of the grant program, priority is to be given to applications focusing on marine mammal strandings.

“(5) Application.--To be eligible for a grant under the grant program, a stranding network participant shall--

“(A) submit an application in such form and manner as the applicable Secretary prescribes; and

“(B) be in compliance with the data reporting requirements under section 402(d) and any applicable reporting requirements of the United States Fish and Wildlife Service for species under its management jurisdiction.

“(6) Grant criteria.--The Secretary shall, in consultation with the Marine Mammal Commission, a representative from each of the stranding regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science with respect to stranded marine mammals under that Department's jurisdiction, develop criteria for awarding grants under their respective grant programs.

“(7) Limitations.--

“(A) Maximum grant amount.--No grant made under the grant program for a single award may exceed $150,000 in any 12-month period.

“(B) Unexpended funds.--Any funds that have been awarded under the grant program but that are unexpended at the end of the 12-month period described in subparagraph (A) shall remain available until expended.

“(8) Administrative costs and expenses.--The Secretary's administrative costs and expenses related to reviewing and awarding grants under the grant program, in any fiscal year may not exceed the greater of--

“(A) 6 percent of the amounts made available each fiscal year to carry out the grant program; or

“(B) $80,000.

“(9) Transparency.--The Secretary shall make publicly available a list of grant proposals for the upcoming fiscal year, funded grants, and requests for grant flexibility under this subsection.

“(c) Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund.--

“(1) In general.--There is established in the Treasury of the United States an interest-bearing fund, to be known as the ‘Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund' (referred to in this section as the ‘Rapid Response Fund').

“(2) Use of funds.--Amounts in the Rapid Response Fund shall be available only for use by the Secretary to provide emergency assistance.

“(d) Authorization of Appropriations.--

“(1) In general.--

“(A) Authorization of appropriations.--There is authorized to be appropriated to carry out the grant program $7,000,000 for each of fiscal years 2021 through 2026, to remain available until expended, of which for each fiscal year--

“(i) $6,000,000 is authorized to be appropriated to the Secretary of Commerce; and

“(ii) $1,000,000 is authorized to be appropriated to the Secretary of the Interior.

“(B) Derivation of funds.--Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated pursuant to subparagraph (A) that are enacted after the date of enactment of this subsection.

“(2) Joseph r. geraci marine mammal rescue and rapid response fund.--There is authorized to be appropriated to the Rapid Response Fund $500,000 for each of fiscal years 2022 through 2026.

“(e) Acceptance of Donations.--For the purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.”.

(b) Table of Contents Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92-522) is further amended by striking the item related to section 408 and inserting the following:

“Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund.”.

SEC. __13F. HEALTH MAP.

(a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421 et seq.) is amended by inserting after section 408 the following:

“SEC. 408A. MARINE MAMMAL HEALTH MONITORING AND ANALYSIS PLATFORM (HEALTH MAP).

“(a) In General.--Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall--

“(1) establish a marine mammal health monitoring and analysis platform (referred to in this Act as the ‘Health MAP');

“(2) incorporate the Health MAP into the Observation System; and

“(3) make the Health MAP--

“(A) publicly accessible through the web portal of the Observation System; and

“(B) interoperable with other national data systems or other data systems for management or research purposes, as practicable.

“(b) Purposes.--The purposes of the Health MAP are--

“(1) to promote--

“(A) interdisciplinary research among individuals with knowledge and experience in marine mammal science, marine mammal veterinary and husbandry practices, medical science, and oceanography, and with other marine scientists;

“(B) timely and sustained dissemination and availability of marine mammal health, stranding, entanglement, and mortality data;

“(C) identification of spatial and temporal patterns of marine mammal mortality, disease, and stranding;

“(D) evaluation of marine mammal health in terms of mortality, as well as sublethal marine mammal health impacts;

“(E) improved collaboration and forecasting of marine mammal and larger ecosystem health events;

“(F) rapid communication and dissemination of information regarding marine mammal strandings that may have implications for human health, such as those caused by harmful algal blooms; and

“(G) increased accessibility of data in a user friendly visual interface for public education and outreach; and

“(2) to contribute to an ocean health index that incorporates marine mammal health data.

“(c) Requirements.--The Health MAP shall--

“(1) integrate in situ, remote, and other marine mammal health, stranding, and mortality data, including visualizations and metadata, collected by marine mammal stranding networks, Federal, State, local, territorial, and Tribal governments, private partners, and academia; and

“(2) be designed--

“(A) to enhance data and information availability, including data sharing among stranding network participants, scientists, and the public within and across stranding network regions;

“(B) to facilitate data and information access across scientific disciplines, scientists, and managers;

“(C) to facilitate public access to national and regional marine mammal health, stranding, entanglement, and mortality data, including visualizations and metadata, through the national and regional data portals of the Observation System; and

“(D) in collaboration with, and with input from, States and stranding network participants.

“(d) Procedures and Guidelines.--The Secretary shall establish and implement policies, protocols, and standards for--

“(1) reporting marine mammal health data collected by stranding networks consistent with subsections (c) and (d) of section 402;

“(2) promptly transmitting health data from the stranding networks and other appropriate data providers to the Health MAP;

“(3) disseminating and making publicly available data on marine mammal health, stranding, entanglement, and mortality data in a timely and sustained manner; and

“(4) integrating additional marine mammal health, stranding, or other relevant data as the Secretary determines appropriate.

“(e) Consultation.--The Administrator of the National Oceanic and Atmospheric Administration shall maintain and update the Health MAP in consultation with the Secretary of the Interior and the Marine Mammal Commission.

“(f) Contributions.--For purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.”.

(b) Table of Contents Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92-522) is further amended by inserting after the item related to section 408 the following:

“Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform (Health MAP).”.

SEC. __13G. REPORTS TO CONGRESS.

(a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421 et seq.) is further amended by inserting after section 408A the following:

“SEC. 408B. REPORTS TO CONGRESS.

“(a) Definition of Appropriate Committees of Congress.--In this section, the term ‘appropriate committees of Congress' means--

“(1) the Committee on Commerce, Science, and Transportation of the Senate; and

“(2) the Committee on Natural Resources of the House of Representatives.

“(b) Health MAP Status Report.--

“(1) In general.--Not later than 2 year after the date of enactment of this section, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and the National Ocean Research Leadership Council, shall submit to the appropriate committees of Congress a report describing the status of the Health MAP.

“(2) Requirements.--The report under paragraph (1) shall include--

“(A) a detailed evaluation of the data made publicly available through the Health MAP;

“(B) a detailed list of any gaps in data collected pursuant to the Health MAP, a description of the reasons for those gaps, and recommended actions to close those gaps;

“(C) an analysis of the effectiveness of using the website of the Observation System as the platform to collect, organize, visualize, archive, and disseminate marine mammal stranding and health data;

“(D) a list of publications, presentations, or other relevant work product resulting from, or produced in collaboration with, the Health MAP;

“(E) a description of emerging marine mammal health concerns and the applicability of those concerns to human health;

“(F) an analysis of the feasibility of the Observation System being used as an alert system during stranding events, entanglement events, and unusual mortality events for the stranding network, Observation System partners, Health MAP partners, Federal and State agencies, and local, territorial, and Tribal governments;

“(G) an evaluation of the use of Health MAP data to predict broader ecosystem events and changes that may impact marine mammal or human health and specific examples of proven or potential uses of Observation System data for those purposes; and

“(H) recommendations for the Health MAP with respect to--

“(i) filling any identified data gaps;

“(ii) standards that could be used to improve data quality, accessibility, transmission, interoperability, and sharing;

“(iii) any other strategies that would contribute to the effectiveness and usefulness of the Health MAP; and

“(iv) the funding levels needed to maintain and improve the Health MAP.

“(c) Data Gap Analysis.--

“(1) In general.--Not later than 5 years after the date on which the report required under subsection (b)(1) is submitted, and every 10 years thereafter, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the Secretary of Commerce, shall--

“(A) make publicly available a report on the data gap analysis described in paragraph (2); and

“(B) provide a briefing to the appropriate committees of Congress concerning that data gap analysis.

“(2) Requirements.--The data gap analysis under paragraph (1) shall include--

“(A) an overview of existing participants within a marine mammal stranding network;

“(B) an identification of coverage needs and participant gaps within a network;

“(C) an identification of data and reporting gaps from members of a network; and

“(D) an analysis of how stranding and health data are shared and made available to scientists, academics, State, local, territorial, and Tribal governments, and the public.

“(d) Marine Mammal Response Capabilities in the Arctic.--

“(1) In general.--Not later than 1 year after the date of enactment of this section, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geologic Survey, in consultation with the Marine Mammal Commission and the Secretary of the Interior, shall--

“(A) make publicly available a report describing the response capabilities for sick and injured marine mammals in the Arctic regions of the United States; and

“(B) provide a briefing to the appropriate committees of Congress on that report.

“(2) Arctic.--The term ‘Arctic' has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

“(3) Requirements.--The report under paragraph (1) shall include--

“(A) a description, developed in consultation with the Director of the United States Fish and Wildlife Service, of all marine mammal stranding agreements in place for the Arctic region of the United States, including species covered, response capabilities, facilities and equipment, and data collection and analysis capabilities;

“(B) a list of State and local government agencies that have personnel trained to respond to marine mammal strandings in the Arctic region of the United States;

“(C) an assessment of potential response and data collection partners and sources of local information and knowledge, including Alaska Native people and villages;

“(D) an analysis of spatial and temporal trends in marine mammal strandings and unusual mortality events that are correlated with changing environmental conditions in the Arctic region of the United States;

“(E) a description of training and other resource needs to meet emerging response requirements in the Arctic region of the United States;

“(F) an analysis of oiled marine mammal response and rehabilitation capabilities in the Arctic region of the United States, including personnel, equipment, facilities, training, and husbandry capabilities, and an assessment of factors that affect response and rehabilitation success rates; and

“(G) recommendations to address future stranding response needs for marine mammals in the Arctic region of the United States.”.

(b) Table of Contents Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92-522) is further amended by inserting after the item related to section 408A the following:

“Sec. 408B. Reports to Congress.”.

SEC. __13H. AUTHORIZATION OF APPROPRIATIONS.

Section 409 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421g) is amended--

(1) in paragraph (1), by striking “1993 and 1994;” and inserting “2022 through 2026;”;

(2) in paragraph (2), by striking “1993 and 1994;” and inserting “2022 through 2026;”; and

(3) in paragraph (3), by striking “fiscal year 1993.” and inserting “for each of fiscal years 2022 through 2026.”.

SEC. __13I. DEFINITIONS.

Section 410 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421h) is amended--

(1) by redesignating paragraphs (1) through (6) as paragraphs (2), (5), (6), (7), (8), and (9), respectively;

(2) by inserting before paragraph (2) (as so redesignated) the following:

“(1) The term ‘entangle' or ‘entanglement' means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to the marine mammal and is--

“(A) on lands under the jurisdiction of the United States, including beaches and shorelines; or

“(B) in waters under the jurisdiction of the United States, including any navigable waters.”;

(3) in paragraph (2) (as so redesignated) by striking “The term” and inserting “Except as used in section 408, the term”;

(4) by inserting after paragraph (2) (as so redesignated) the following:

“(3) The term ‘Health MAP' means the Marine Mammal Health Monitoring and Analysis Platform established under section 408A(a)(1).

“(4) The term ‘Observation System' means the National Integrated Coastal and Ocean Observation System established under section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603).”.

SEC. __13J. STUDY ON MARINE MAMMAL MORTALITY.

(a) In General.--Not later than 12 months after the date of enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall, in consultation with the Secretary of the Interior and the Marine Mammal Commission, conduct a study evaluating the connections among marine heat waves, frequency and intensity of harmful algal blooms, prey availability, and habitat degradation, and the impacts of these conditions on marine mammal mortality.

(b) Report.--The Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall prepare, post to a publicly available website, and brief the appropriate committees of Congress on, a report containing the results of the study described in subsection (a). The report shall identify priority research activities, opportunities for collaboration, and current gaps in effort and resource limitations related to advancing scientific understanding of how ocean heat waves, harmful algae blooms, availability of prey, and habitat degradation impact marine mammal mortality. The report shall include recommendations for policies needed to mitigate and respond to mortality events.

Subtitle D--Reauthorization of Coral Reef Conservation Act of 2000 SEC. __14. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000.

(a) Purposes; Federal Coral Reef Management and Restoration Activities.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by striking sections 202 and 203 and inserting the following:

“SEC. 202. PURPOSES.

“The purposes of this title are--

“(1) to conserve and restore the condition of United States coral reef ecosystems challenged by natural and human-accelerated changes, including increasing ocean temperatures, ocean acidification, coral bleaching, coral diseases, water quality degradation, invasive species, and illegal, unreported, and unregulated fishing;

“(2) to promote the science-based management and sustainable use of coral reef ecosystems to benefit local communities and the Nation, including through improved integration and cooperation among Federal, State, and locally managed jurisdictions with coral reef equities;

“(3) to develop sound scientific information on the condition of coral reef ecosystems, continuing and emerging threats to such ecosystems, and the efficacy of innovative tools, technologies, and strategies to mitigate stressors and restore such ecosystems, including evaluation criteria to determine the effectiveness of management interventions, and accurate mapping for coral reef restoration;

“(4) to assist in the preservation of coral reefs by supporting science-based, consensus-driven State, Tribal, Pacific Islander, territorial, and community-based coral reef management, including monitoring, conservation, and restoration projects that empower local communities, small businesses, and nongovernmental organizations;

“(5) to provide financial resources, technical assistance, and scientific expertise to supplement and strengthen State, Tribal, Indigenous, and community-based management programs and conservation and restoration projects;

“(6) to establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation and restoration projects;

“(7) to support the rapid and effective, science-based assessment and response to emergencies that imminently threaten coral reefs, such as coral disease outbreaks, invasive species, hurricanes, marine heat waves, coral bleaching, and other natural disasters, vessel groundings or chemical spills, and other exigent circumstances; and

“(8) to serve as a model for advancing similar international efforts to monitor, conserve, and restore coral reef ecosystems in the jurisdictions of United States allies and trading partners.

“SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION ACTIVITIES.

“(a) In General.--The Administrator or the Secretary of the Interior may conduct activities described in subsection (b) to conserve and restore coral reefs and coral reef ecosystems that are consistent with--

“(1) all applicable laws governing resource management in Federal and State waters, including this Act;

“(2) the national coral reef resilience strategy in effect under section 204A;

“(3) coral reef action plans in effect under section 205, as applicable; and

“(4) coral reef emergency plans in effect under section 209, as applicable.

“(b) Activities Described.--Activities described in this subsection are activities to conserve, research, monitor, assess, and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of a Federal agency specified in subsection (c) or in coordination with a State in waters managed under the jurisdiction of such State, including--

“(1) developing, including through the collection of requisite data, high-quality and digitized maps reflecting--

“(A) current and historical live coral cover data;

“(B) coral reef habitat quality data;

“(C) priority areas for coral reef conservation to maintain biodiversity and ecosystem structure and function, including the reef matrix itself, that benefit coastal communities and living marine resources;

“(D) priority areas for coral reef restoration to enhance biodiversity and ecosystem structure and function, including the reef matrix itself, to benefit coastal communities and living marine resources; and

“(E) areas of concern that may require enhanced monitoring of coral health and cover;

“(2) enhancing compliance with Federal laws that prohibit or regulate--

“(A) the taking of coral products or species associated with coral reefs; or

“(B) the use and management of coral reef ecosystems;

“(3) long-term ecological monitoring of coral reef ecosystems;

“(4) implementing species-specific recovery plans for listed coral species consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

“(5) restoring degraded coral reef ecosystems;

“(6) promoting ecologically sound navigation and anchorages, including mooring buoy systems to promote enhanced recreational access, near coral reefs;

“(7) monitoring and responding to severe bleaching or mortality events, disease outbreaks, invasive species outbreaks, and significant maritime accidents, including chemical spill cleanup and the removal of grounded vessels;

“(8) conducting scientific research that contributes to the understanding, sustainable use, and long-term conservation of coral reefs;

“(9) enhancing public awareness, understanding, and appreciation of coral reefs and coral reef ecosystems;

“(10) preventing or minimizing the likelihood of vessel impacts or other physical damage to coral reefs through navigational aids and expansion of reef-safe anchorages; and

“(11) centrally archiving, managing, and distributing data sets and coral reef ecosystem assessments and publishing such information on publicly available internet websites of--

“(A) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and

“(B) the Task Force.

“(c) Federal Agencies Specified.--A Federal agency specified in this subsection is one of the following:

“(1) The National Oceanic and Atmospheric Administration.

“(2) The National Park Service.

“(3) The United States Fish and Wildlife Service.

“(4) The Office of Insular Affairs.”.

(b) Additional Provisions.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by striking sections 205 through 210 and inserting the following:

“SEC. 204A. NATIONAL CORAL REEF RESILIENCE STRATEGY.

“(a) In General.--The Administrator shall--

“(1) develop a national coral reef resilience strategy; and

“(2) periodically, but not less frequently than every 15 years, review and revise the strategy.

“(b) Elements.--The strategy required by subsection (a) shall include the following:

“(1) A discussion addressing--

“(A) continuing and emerging threats to the resilience of United States coral reef ecosystems;

“(B) remaining gaps in coral reef ecosystem research, monitoring, and assessment;

“(C) the status of management cooperation and integration among Federal, State, Tribal, and locally managed jurisdictions with coral reef equities;

“(D) the status of efforts to manage and disseminate critical information, and enhance interjurisdictional data sharing, related to research, reports, datasets, and maps;

“(E) areas of special focus, which may include--

“(i) improving natural coral recruitment;

“(ii) preventing avoidable losses of corals and their habitat;

“(iii) enhancing the resilience of coral populations;

“(iv) supporting a resilience-based management approach;

“(v) developing, coordinating, and implementing watershed management plans;

“(vi) building and sustaining watershed management capacity at the local level;

“(vii) providing data essential for coral reef fisheries management;

“(viii) building capacity for coral reef fisheries management;

“(ix) increasing understanding of coral reef ecosystem services;

“(x) educating the public on the importance of coral reefs, threats to coral reefs, and solutions to such threats; and

“(xi) evaluating intervention efficacy;

“(F) the status of conservation efforts, including the use of marine protected areas to serve as replenishment zones developed consistent with local practices and traditions and in cooperation with, and with respect for the scientific, technical, and management expertise and responsibilities of, State fish and wildlife management agencies; and

“(G) science-based adaptive management and restoration efforts.

“(2) A statement of national goals and objectives designed to guide--

“(A) future Federal coral reef management and restoration activities authorized under section 203;

“(B) conservation and restoration priorities for grants awarded under section 213; and

“(C) research priorities for the cooperative institutes established under section 215(c).

“(3) General templates for use by covered reef managers to guide the development of--

“(A) coral reef action plans under section 205; and

“(B) coral reef emergency plans under section 209.

“(c) Consultations.--In developing all elements of the strategy required by subsection (a), the Administrator shall--

“(1) consult with the Secretary of the Interior, the Task Force, covered States, and Tribal organizations;

“(2) engage stakeholders, including coral reef stewardship partnerships, coral reef institutes and research centers described in section 215(c), and coral reef conservation grant awardees; and

“(3) solicit public review and comment regarding scoping and the draft strategy.

“(d) Submission to Congress; Publication.--The Administrator shall--

“(1) submit the strategy required by subsection (a) and any revisions to the strategy to the appropriate congressional committees; and

“(2) publish the strategy and any such revisions on publicly available internet websites of--

“(A) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and

“(B) the Task Force.

“(e) Transition Rule.--On and after the date of the enactment of this subsection, the 2018 Coral Reef Conservation Program Strategic Plan of the National Oceanic and Atmospheric Administration shall be considered to be the national coral reef resilience strategy in effect under this section until the earlier of--

“(1) September 30, 2033; or

“(2) the date on which the Administrator develops a national coral reef resilience strategy under this section.

“SEC. 205. CORAL REEF ACTION PLANS.

“(a) Coral Reef Action Plans.--Except as provided in subsection (h), not later than 3 years after the date of the enactment of this section, and not later than 2 years after the publication of a revised national coral reef resilience strategy under section 204A, each covered reef manager shall prepare and submit to the Task Force a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager.

“(b) Requirements.--A covered reef manager preparing a coral reef action plan under subsection (a) shall--

“(1) ensure that the plan is consistent with all elements of the national coral reef resilience strategy in effect; and

“(2) revise the plan not less frequently than once every 5 years.

“(c) Plan Elements.--A coral reef action plan under subsection (a) shall include a discussion of the following elements:

“(1) Short- and mid-term coral reef conservation and restoration objectives within the applicable jurisdiction.

“(2) An updated adaptive management framework to inform research, monitoring, and assessment needs.

“(3) The status of any coral reef emergency plans in effect under section 209 covering coral reef ecosystems within the applicable jurisdiction.

“(4) Tools, strategies, and partnerships necessary to identify, monitor, and redress the impacts of pollution, diminished water quality, temperature fluctuations, acidification, overfishing, disease, and other disturbances to coral reef ecosystems within the applicable jurisdiction.

“(5) The status of efforts to improve coral reef ecosystem management cooperation and integration among neighboring Federal, State, Tribal, or locally managed jurisdictions, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the applicable jurisdiction.

“(6) An accounting of annual expenditures on coral reef management and restoration activities within the applicable jurisdiction while the preceding action plan, if any, was in effect.

“(7) Estimated budgetary and resource considerations necessary to carry out the proposed action plan.

“(d) Technical Assistance.--The Administrator and the Task Force shall make all reasonable efforts to provide technical assistance upon request by a covered reef manager developing a coral reef action plan under subsection (a).

“(e) Adoption of Coral Reef Action Plans.--A covered reef manager may adopt a coral reef action plan developed by another covered reef manager, in full or in part, as relevant to the adopting manager's applicable jurisdiction.

“(f) Public Review.--The development of a coral reef action plan by a covered reef manager under subsection (a), and the adoption of a plan under subsection (e), shall be subject to public review and comment.

“(g) Publication.--The Administrator shall publish each coral reef action plan prepared and submitted to the Task Force under this section on publicly available internet websites of--

“(1) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and

“(2) the Task Force.

“(h) Applicability to Covered States and Coral Reef Stewardship Partnerships.--A covered State or non-Federal coral reef stewardship partnership is not required to develop a coral reef action plan under subsection (a), but may do so in its own discretion. In developing a coral reef action plan, a covered State or non-Federal coral reef stewardship partnership is encouraged, but not mandated, to comply with the requirements of this section.

“(i) Plan in Effect.--A coral reef action plan shall be deemed to be in effect if the plan was submitted to the Task Force under this section during the preceding 6 years.

“SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.

“(a) Coral Reef Stewardship Partnerships.--The Administrator shall establish standards for the identification of coral reefs and the formation of partnerships among government and community members for the stewardship of coral reefs (in this title referred to as ‘coral reef stewardship partnerships') in accordance with this section, including guidance for preparation and submission of coral reef action plans under section 205 for review and approval by the Administrator.

“(b) Identification of Coral Reefs.--Each coral reef stewardship partnership shall identify with particularity the coral reef or ecologically significant component of a coral reef that will be the subject of its stewardship activities.

“(c) Membership for Federal Coral Reefs.--A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant component of a coral reef that is fully or partially under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following:

“(1) That Federal agency, a representative of which shall serve as chair of the coral reef stewardship partnership.

“(2) A State, county, or Tribal organization's resource management agency.

“(3) A coral reef research center described in section 215(c)(4) or another institution of higher education.

“(4) A nongovernmental organization.

“(5) Such other members as the partnership considers appropriate, such as interested stakeholder groups.

“(d) Membership for Non-Federal Coral Reefs.--

“(1) In general.--A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant component of a coral reef that is not under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following:

“(A) A State, county, or Tribal organization's resource management agency, a representative of which shall serve as the chair of the coral reef stewardship partnership.

“(B) A coral reef research center described in section 215(c)(4) or another institution of higher education.

“(C) A nongovernmental organization.

“(D) Such other members as the partnership considers appropriate, such as interested stakeholder groups.

“(2) Additional members.--

“(A) In general.--Subject to subparagraph (B), a coral reef stewardship partnership described in paragraph (1) may also include representatives of one or more Federal agencies that have management responsibility in the coral reef that is the subject of the partnership's stewardship activities.

“(B) Requests; approval.--A representative of a Federal agency described in subparagraph (A) may become a member of a coral reef stewardship partnership described in paragraph (1) if--

“(i) the representative submits a request to become a member to the chair of the partnership referred to in paragraph (1)(A); and

“(ii) the chair consents to the request.

“(e) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coral reef stewardship partnerships.

“SEC. 207. BLOCK GRANTS AND COOPERATIVE AGREEMENTS.

“(a) In General.--The Administrator shall provide block grants of financial assistance to covered States to support management and restoration activities and further the implementation of coral reef action plans in effect under section 205 by covered States and non-Federal coral reef stewardship partnerships.

“(b) Eligibility for Additional Amounts.--

“(1) In general.--A covered State shall qualify for and receive additional grant amounts beyond the base award specified in subsection (c)(1) if there is at least one coral reef action plan in effect within the jurisdiction of the covered State developed by that covered State or a non-Federal coral reef stewardship partnership.

“(2) Waiver.--In any fiscal year before fiscal year 2025, the Administrator shall waive the requirement to qualify for and receive additional grant amounts described in paragraph (1).

“(c) Funding Formula.--The amount of each block grant awarded to a covered State under this section shall be the sum of--

“(1) a base award of $100,000; and

“(2) if the State is eligible under subsection (b)--

“(A) an amount that is equal to non-Federal expenditures of up to $3,000,000 on coral reef management and restoration activities within the jurisdiction of the State during the previous fiscal year, and

“(B) an additional amount, from any funds appropriated for activities under this section that remain after distribution under subparagraph (A), paragraph (1), and subsection (g)based on the proportion of the State's share of total non-Federal expenditures on coral reef management and restoration activities, as reported within the previous fiscal year, in excess of $3,000,000, relative to other covered States.

“(d) Exclusions.--For the purposes of calculating block grant amounts under subsection (c), Federal funds provided to a covered State or non-Federal coral reef stewardship partnership shall not be considered as qualifying non-Federal expenditures, but non-Federal matching funds used to leverage Federal awards may be considered as qualifying non-Federal expenditures.

“(e) Responsibilities of the Administrator.--The Administrator is responsible for--

“(1) providing guidance on qualifying non-Federal expenditures and the proper documentation of such expenditures;

“(2) issuing annual solicitations to covered States for additional awards under this section; and

“(3) determining the appropriate allocation of additional amounts among covered States in accordance with this section.

“(f) Responsibilities of Covered States.--Each covered State is responsible for documenting non-Federal expenditures within the jurisdiction of the State and formally reporting those expenditures for review in response to annual solicitations by the Administrator under subsection (e).

“(g) Cooperative Agreements.--The Administrator may enter into cooperative agreements with States to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such States that are consistent with the national coral reef resilience strategy in effect under section 204A.

“SEC. 208. CORAL REEF STEWARDSHIP FUND.

“(a) Authority To Enter Into Agreements.--The Administrator may enter into an agreement with the National Fish and Wildlife Foundation (in this section referred to as the ‘Foundation'), authorizing the Foundation to receive, hold, and administer funds received under this section.

“(b) Fund.--The Foundation shall invest, reinvest, and otherwise administer the funds received under this section and maintain such funds and any interest or revenues earned in a separate interest-bearing account, to be known as the ‘Coral Reef Stewardship Fund' (in this section referred to as the ‘Fund', and known before the date of the enactment of this section as the Coral Reef Conservation Fund administered through a public-private partnership with the Foundation), established by the Foundation solely to support coral reef stewardship partnership activities that--

“(1) further the purposes of this title; and

“(2) are consistent with--

“(A) the national coral reef resilience strategy in effect under section 204A; and

“(B) coral reef action plans in effect, if any, under section 205 covering a coral reef or ecologically significant component of a coral reef to be impacted by such activities, if applicable.

“(c) Authorization To Solicit Donations.--

“(1) In general.--Pursuant to an agreement entered into under subsection (a), the Foundation may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services) to further the purposes of this title.

“(2) Deposits in fund.--Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund.

“(3) Notification required.--Not later than 30 days after funds are deposited in the Fund under paragraph (2), the Foundation shall notify the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives of the source and amount of such funds.

“(d) Review of Performance.--The Administrator shall conduct a continuing review of all deposits into, and disbursements from, the Fund. Each review shall include a written assessment concerning the extent to which the Foundation has implemented the goals and requirements of--

“(1) this section; and

“(2) the national coral reef resilience strategy in effect under section 204A.

“(e) Administration.--Under an agreement entered into pursuant to subsection (a), the Administrator may transfer funds appropriated to carry out this title to the Foundation. Amounts received by the Foundation under this subsection may be used for matching, in whole or in part, contributions (whether in money, services, or property) made to the Foundation by private persons, State or local government agencies, or Tribal organizations.

“SEC. 209. CORAL REEF EMERGENCY PLANS.

“(a) In General.--A covered reef manager may develop and periodically update a plan (in this title referred to as a ‘coral reef emergency plan') consistent with the template described in section 204A(b)(3) to guide the rapid and effective response to circumstances that pose an urgent and immediate threat to the coral reef ecosystems within the manager's responsibilities and jurisdictions, and consistent with any applicable coral reef action plan.

“(b) Coral Reef Emergencies.--The Administrator shall develop a list of, and criteria for, circumstances that pose an urgent and immediate threat to coral reefs (in this title referred to as ‘coral reef emergencies'), including--

“(1) new and ongoing outbreaks of disease;

“(2) new and ongoing outbreaks of invasive or nuisance species;

“(3) new and ongoing coral bleaching events;

“(4) natural disasters;

“(5) man-made disasters, including vessel groundings, hazardous spills, or coastal construction accidents; and

“(6) other exigent circumstances.

“(c) Best Response Practices.--The Administrator shall develop guidance on best practices to respond to coral reef emergencies that can be adopted within coral reef emergency plans. Such best practices shall be--

“(1) based on the best available science and integrated with evolving innovative technologies; and

“(2) revised not less frequently than once every 5 years.

“(d) Plan Elements.--A coral reef emergency plan shall include the following elements:

“(1) A description of particular threats, and the proposed responses, consistent with the best practices developed under subsection (d).

“(2) A delineation of roles and responsibilities for executing the plan.

“(3) Evidence of engagement with interested stakeholder groups, as applicable, in the development of the plan.

“(4) Any other information the Administrator considers to be necessary for the plan.

“(e) Technical Assistance.--The Administrator and the Task Force shall make all reasonable efforts to provide technical assistance upon request by a covered reef manager developing a coral reef emergency plan under subsection (a).

“(f) Adoption of Coral Reef Emergency Plans.--A covered reef manager may adopt a coral reef emergency plan developed by another covered reef manager, in full or in part, as relevant to the adopting manager's applicable jurisdiction.

“(g) Public Review.--The development of a coral reef action plan by a covered reef manager under subsection (a), and the adoption of a plan under subsection (f), shall be subject to public review and comment.

“(h) Publication.--The Administrator shall publish each coral reef emergency plan prepared and submitted to the Task Force under this section on publicly available internet websites of--

“(1) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and

“(2) the Task Force.

“(i) Plan in Effect.--A coral reef emergency plan shall be deemed to be in effect if the plan was submitted to the Task Force under this section during the preceding 6 years.

“SEC. 210. CORAL REEF EMERGENCY FUND.

“(a) Establishment of Fund.--There is established in the Treasury an interest-bearing fund to be known as the ‘Coral Reef Emergency Fund', consisting of such amounts as are appropriated to the Fund.

“(b) Uses.--Amounts in the Fund--

“(1) shall be available only for use by the Administrator to compensate covered coral reef mangers to implement a coral reef emergency plan in effect under sections 210 and 212; and

“(2) shall remain available until expended.

“(c) Acceptance of Donations.--

“(1) In general.--For purposes of carrying out this title, the Administrator may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services).

“(2) Deposits in fund.--Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund.

“SEC. 211. EMERGENCY ASSISTANCE.

“(a) Coral Reef Emergency Declarations.--

“(1) Sua sponte declaration.--

“(A) In general.--The Administrator may determine and declare a coral reef emergency, including at the recommendation of the Secretary of the Interior.

“(B) Requirements.--In declaring a coral reef emergency under subparagraph (A), the Administrator shall--

“(i) certify that an emergency has occurred that is ecologically significant and harmful to coral reefs; and

“(ii) submit to the appropriate congressional committees findings and analysis to justify the declaration.

“(2) Petitions.--If a covered State or non-Federal coral reef stewardship partnership believes that a coral reef emergency has occurred, and is impacting coral reefs or ecologically significant components of coral reefs subject to the responsibilities or jurisdiction of the State or partnership, the State or partnership may petition the Administrator for a declaration of a coral reef emergency.

“(3) Evaluation and action.--

“(A) In general.--Not later than 30 days after receiving a petition under paragraph (2) (except as provided in subparagraph (B)), the Administrator shall--

“(i) evaluate the petition to determine whether a coral reef emergency has occurred; and

“(ii) declare a coral reef emergency or deny the petition.

“(B) Extension.--The Administrator may extend the deadline provided for under subparagraph (A) by not more than 15 days.

“(4) Appeal.--If the Administrator denies a petition for an emergency declaration submitted under paragraph (2), the State or partnership that submitted the petition may, not later than 15 days after receiving notice of the denial, appeal the denial to the Administrator. Not later than 15 days after receiving an appeal under this paragraph, the Administrator shall grant or deny the appeal.

“(5) Revocation.--The Administrator may revoke any declaration of a coral reef emergency in whole or in part after determining that circumstances no longer require an emergency response.

“(6) Recovery of emergency funding.--The Administrator may seek compensation from negligent parties to recover emergency funds expended in excess of $500,000 under this section as a result of an emergency declaration arising from direct impacts to coral reefs from man-made disasters or accidents.

“(b) Financial Assistance Authority.--

“(1) In general.--Upon the declaration of a coral reef emergency under subsection (a), the Administrator shall provide grants to carry out proposals that meet the requirements of paragraph (2) to implement coral reef emergency plans in effect under section 209.

“(2) Requirements.--A proposal for a grant under this subsection to implement a coral reef emergency plan in effect under section 209 shall include--

“(A) the name of the entity submitting the proposal;

“(B) a copy of the coral reef emergency plan;

“(C) a description of the qualifications of the individuals and entities who will implement the plan;

“(D) an estimate of the funds and time required to complete the implementation of the plan; and

“(E) any other information the Administrator considers to be necessary for evaluating the eligibility of the proposal for a grant under this subsection.

“(3) Review.--Not later than 30 days after receiving a proposal for a grant under this subsection, the Administrator shall review the proposal and determine if the proposal meets the requirements of paragraph (2).

“(4) Concurrent review.--An entity seeking a grant under this subsection may submit a proposal under paragraph (2) to the Administrator at any time following the submission of a petition for an emergency declaration under subsection (a)(2) that is applicable to coral reefs or ecologically significant components of coral reefs subject to the responsibilities or jurisdiction of the entity.

“SEC. 212. VESSEL GROUNDING INVENTORY.

“The Administrator, in coordination with the heads of other Federal agencies, shall establish and maintain an inventory of all vessel grounding incidents involving United States coral reefs, including a description of--

“(1) the impacts of each such incident to coral reefs and related natural resources;

“(2) vessel and ownership information relating to each such incident, if available;

“(3) the estimated cost of removal of the vessel, remediation, or restoration relating to each such incident;

“(4) the response actions taken by the owner of the vessel, the Administrator, the Commandant of the Coast Guard, or representatives of other Federal or State agencies;

“(5) the status of the response actions, including the dates of--

“(A) vessel removal;

“(B) remediation or restoration activities, including whether a coral reef emergency plan was implemented; and

“(C) any actions taken to prevent future grounding incidents; and

“(6) recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents.

“SEC. 213. RUTH D. GATES CORAL REEF CONSERVATION GRANT PROGRAM.

“(a) Grants.--The Administrator shall establish a program (to be known as the ‘Ruth D. Gates Coral Reef Conservation Grant Program') to provide grants for projects for the conservation and restoration of coral reef ecosystems (in this section referred to as ‘coral reef projects') pursuant to proposals approved by the Administrator in accordance with this section.

“(b) Eligibility.--

“(1) In general.--An entity described in paragraph (2) may submit to the Administrator a proposal for a coral reef project.

“(2) Entities described.--An entity described in this paragraph is--

“(A) a natural resource management authority of a State or local government or Tribal organization--

“(i) with responsibility for coral reef management; or

“(ii) the activities of which directly or indirectly affect coral reefs or coral reef ecosystems;

“(B) a regional fishery management council established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);

“(C) a coral reef stewardship partnership seeking to implement a coral reef action plan in effect under section 205;

“(D) a coral reef research center designated under section 215(c)(4); or

“(E) another nongovernmental organization or research institution with demonstrated expertise in the conservation or restoration of coral reefs in practice or through significant contributions to the body of existing scientific research on coral reefs.

“(c) Project Proposals.--Each proposal for a grant under this section for a coral reef project shall include the following:

“(1) The name of the individual or entity responsible for conducting the project.

“(2) A description of the qualifications of the individual or entity.

“(3) A succinct statement of the purposes of the project.

“(4) An estimate of the funds and time required to complete the project.

“(5) Evidence of support for the project by appropriate representatives of States or other government jurisdictions in which the project will be conducted.

“(6) Information regarding the source and amount of matching funding available to the applicant.

“(7) A description of how the project meets one or more of the criteria under subsection (e)(2).

“(8) In the case of a proposal submitted by a coral reef stewardship partnership, a description of how the project aligns with the applicable coral reef action plan in effect under section 205.

“(9) Any other information the Administrator considers to be necessary for evaluating the eligibility of the project for a grant under this subsection.

“(d) Project Review and Approval.--

“(1) In general.--The Administrator shall review each coral reef project proposal submitted under this section to determine if the project meets the criteria set forth in subsection (e).

“(2) Prioritization of conservation projects.--The Administrator shall prioritize the awarding of grants for projects that meet the criteria for approval under subparagraphs (A) through (G) of subsection (e)(2) that are proposed to be conducted within priority areas identified for coral reef conservation by the Administrator and consistent with the national coral reef resilience strategy in effect under section 204A.

“(3) Prioritization of restoration projects.--The Administrator shall prioritize the awarding of grants for projects that meet the criteria for approval under subparagraphs (E) through (L) of subsection (e)(2) that are proposed to be conducted within priority areas identified for coral reef restoration by the Administrator and consistent with the national coral reef resilience strategy in effect under section 204A.

“(4) Review; approval or disapproval.--Not later than 180 days after receiving a proposal for a coral reef project under this section, the Administrator shall--

“(A) request and consider written comments on the proposal from each Federal agency, State government, Tribal organization, or other government jurisdiction, including the relevant regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or any National Marine Sanctuary or Marine National Monument, with jurisdiction or management authority over coral reef ecosystems in the area where the project is to be conducted, including the extent to which the project is consistent with locally established priorities, unless such entities were directly involved in the development of the project proposal;

“(B) provide for the merit-based peer review of the proposal and require standardized documentation of that peer review;

“(C) after considering any written comments and recommendations based on the reviews under subparagraphs (A) and (B), approve or disapprove the proposal; and

“(D) provide written notification of that approval or disapproval, with summaries of all written comments, recommendations, and peer-reviews, to the entity that submitted the proposal, and each of those States, Tribal organizations, and other government jurisdictions that provided comments under subparagraph (A).

“(e) Criteria for Approval.--The Administrator may not approve a proposal for a coral reef project under this section unless the project--

“(1) is consistent with--

“(A) the national coral reef resilience strategy in effect under section 204A; and

“(B) any Federal or non-Federal coral reef action plans in effect under section 205 covering a coral reef or ecologically significant component of a coral reef to be affected by the project; and

“(2) will enhance the conservation and restoration of coral reefs by--

“(A) addressing conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products, including supporting consensus-driven, community-based planning and management initiatives for the protection of coral reef ecosystems;

“(B) improving compliance with laws that prohibit or regulate the taking of coral products or species associated with coral reefs or regulate the use and management of coral reef ecosystems;

“(C) designing and implementing networks of real-time water quality monitoring along coral reefs, including data collection related to turbidity, nutrient availability, harmful algal blooms, and plankton assemblages, with an emphasis on coral reefs impacted by agriculture and urban development;

“(D) promoting ecologically sound navigation and anchorages, including mooring buoy systems to promote enhanced recreational access, near coral reefs;

“(E) furthering the goals and objectives of coral reef action plans in effect under section 205 and coral reef emergency plans in effect under section 209;

“(F) mapping the location and distribution of coral reefs and potential coral reef habitat;

“(G) stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems;

“(H) implementing research to ensure the population viability of listed coral species in United States waters as detailed in the population-based recovery criteria included in species-specific recovery plans consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

“(I) developing and implementing cost-effective methods to restore degraded coral reef ecosystems or to create geographically appropriate coral reef ecosystems in suitable waters, including by improving habitat or promoting success of keystone species, with an emphasis on novel restoration strategies and techniques to advance coral reef recovery and growth near population centers threatened by rising sea levels and storm surge;

“(J) translating and applying coral genetics research to coral reef ecosystem restoration, including research related to traits that promote resilience to increasing ocean temperatures, ocean acidification, coral bleaching, coral diseases, and invasive species;

“(K) developing and maintaining in situ native coral propagation sites;

“(L) developing and maintaining ex situ coral propagation nurseries and land-based coral gene banks to--

“(i) conserve or augment genetic diversity of native coral populations;

“(ii) support captive breeding of rare coral species; or

“(iii) enhance resilience of native coral populations to increasing ocean temperatures, ocean acidification, coral bleaching, and coral diseases through selective breeding, conditioning, or other approaches that target genes, gene expression, phenotypic traits, or phenotypic plasticity; or

“(M) maintaining the structure and function of coral reefs, including the reef matrix itself.

“(f) Funding Requirements.--To the extent practicable based upon proposals for coral reef projects submitted to the Administrator, the Administrator shall ensure that funding for grants awarded under this section during a fiscal year is distributed as follows:

“(1) Not less than 40 percent of funds available shall be awarded for projects in the Pacific Ocean within the maritime areas and zones subject to the jurisdiction or control of the United States.

“(2) Not less than 40 percent of the funds available shall be awarded for projects in the Atlantic Ocean, the Gulf of Mexico, or the Caribbean Sea within the maritime areas and zones subject to the jurisdiction or control of the United States.

“(g) Project Reporting.--Each entity receiving a grant under this section shall submit to the Administrator such reports at such times and containing such information for evaluating project performance as the Administrator may require.

“(h) Task Force.--The Administrator may consult with the Secretary of the Interior and the Task Force to obtain guidance in establishing priorities and evaluating proposals for coral reef projects under this section.

“SEC. 214. REPORTS ON ADMINISTRATION.

“(a) In General.--Not later than 2 years after the date of the enactment of this section, and every 2 years thereafter, the Administrator shall submit to the committees specified in subsection (b) a report on the administration of this title during the 2-year period preceding submission of the report, including--

“(1) a description of all activities undertaken to implement the most recent national coral reef resilience strategy under section 204A;

“(2) a statement of all funds obligated under the authorities of this title; and

“(3) a summary, disaggregated by State, of Federal and non-Federal contributions toward the costs of each project or activity funded, in full or in part, under the authorities of this title.

“(b) Committees Specified.--The committees specified in this subsection are--

“(1) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and

“(2) the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives.

“SEC. 215. AUTHORITY TO ENTER INTO AGREEMENTS.

“(a) In General.--The Administrator may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this title.

“(b) Cooperative Institutes.--

“(1) Designation.--The Administrator shall designate 2 cooperative institutes for the purpose of advancing and sustaining essential capabilities in coral reef research, to be known as the ‘Atlantic Coral Reef Institute' and the ‘Pacific Coral Reef Institute'.

“(2) Membership.--Each institute established under paragraph (1) shall be housed within a single coral reef research center designated by the Administrator under paragraph (4) in the Atlantic and Pacific basins, respectively, and may contract with other coral reef research centers within the same basin to support each institute's capacity and reach.

“(3) Functions.--The institutes established under paragraph (1) shall--

“(A) conduct federally directed research to fill national and regional coral reef ecosystem research gaps and improve understanding of, and responses to, continuing and emerging threats to the resilience of United States coral reef ecosystems consistent with the national coral reef resilience strategy in effect under section 204A;

“(B) support ecological research and monitoring to study the effects of conservation and restoration activities funded by this title on promoting more effective coral reef management and restoration; and

“(C) through agreements--

“(i) collaborate directly with governmental resource management agencies, coral reef stewardship partnerships, nonprofit organizations, and other coral reef research centers designated under paragraph (4);

“(ii) assist in the development and implementation of--

“(I) the national coral reef resilience strategy under section 204A;

“(II) coral reef action plans under section 205; and

“(III) coral reef emergency plans under section 209;

“(iii) build capacity within governmental resource management agencies to establish research priorities and translate and apply research findings to management and restoration practices; and

“(iv) conduct public education and awareness programs for policymakers, resource managers, and the general public on--

“(I) coral reefs and coral reef ecosystems;

“(II) best practices for coral reef ecosystem management and restoration;

“(III) the value of coral reefs; and

“(IV) the threats to the sustainability of coral reef ecosystems.

“(4) Coral reef research centers.--

“(A) In general.--The Administrator shall periodically solicit applications and designate all qualifying institutions in a covered State as coral reef research centers.

“(B) Criteria.--An institution qualifies for designation as a coral reef research center under subparagraph (A) if the Administrator determines that the institution--

“(i) is operated by an institution of higher education;

“(ii) has established management-driven national or regional coral reef research or restoration programs;

“(iii) has demonstrated abilities to coordinate closely with appropriate Federal and State agencies, as well as other academic and nonprofit organizations; and

“(iv) maintains significant local community engagement and outreach programs related to coral reef ecosystems.

“(c) Use of Resources of Other Agencies.--The Administrator may use, with consent and with or without reimbursement, the land, services, equipment, personnel, and facilities of any agency or instrumentality of--

“(1) the United States;

“(2) any State or local government;

“(3) any Indian Tribe; or

“(4) any foreign government not subject to economic sanctions imposed by the United States.

“SEC. 216. CORAL REEF PRIZE COMPETITIONS.

“(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established by Executive Order No. 13089 (16 U.S.C. 6401 note; relating to coral reef protection), may, individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

“(b) Purposes.--Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems.

“(c) Priority Programs.--Priority shall be given to establishing programs under this section that address communities, environments, or industries that are in distress as a result of the decline or degradation of coral reef ecosystems, including--

“(1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances;

“(2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship;

“(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems;

“(4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and

“(5) the development of adaptation and management options for impacted tourism industries.

“SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

“(a) In General.--There is authorized to be appropriated to the Administrator $38,000,000 for each of fiscal years 2022 through 2026 to carry out this title, which shall remain available until expended.

“(b) Administration.--Of the amounts authorized to be appropriated under subsection (a), not more than the lesser of $1,500,000 or 10 percent of such amounts is authorized to be appropriated for program administration or for overhead costs incurred by the National Oceanic and Atmospheric Administration or the Department of Commerce and assessed as an administrative charge.

“(c) Federally Directed Research and Coral Reef Conservation Program Grants.--From the amounts authorized to be appropriated under subsection (a), not less than $8,000,000 is authorized to be appropriated for each of fiscal years 2022 through 2026 to support purposes consistent with this title, of which--

“(1) not less than $3,500,000 is authorized to be appropriated for each such fiscal year for authorized activities under section 213; and

“(2) not less than $4,500,000 is authorized to be appropriated for each such fiscal year through cooperative agreements with the cooperative institutes designated under section 215(c).

“(d) Block Grants and Cooperative Agreements.--There is authorized to be appropriated to the Administrator, $15,000,000 for each of fiscal years 2022 through 2026, which shall remain available until expended, to carry out section 207.

“SEC. 218. DEFINITIONS.

“In this title:

“(1) Administrator.--The term ‘Administrator' means the Administrator of the National Oceanic and Atmospheric Administration.

“(2) Appropriate congressional committees.--The term ‘appropriate congressional committees' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.

“(3) Conservation.--The term ‘conservation' means the use of methods and procedures necessary to preserve or sustain geographically appropriate corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems with minimal impacts from invasive species, including--

“(A) all activities associated with resource management, such as monitoring, assessment, protection, restoration, sustainable use, management of habitat, and maintenance or augmentation of genetic diversity;

“(B) mapping;

“(C) scientific expertise and technical assistance in the development and implementation of management strategies for marine protected areas and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);

“(D) law enforcement;

“(E) conflict resolution initiatives;

“(F) community outreach and education; and

“(G) promotion of safe and ecologically sound navigation and anchoring.

“(4) Coral.--The term ‘coral' means species of the phylum Cnidaria, including--

“(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals, organ pipe corals, gorgonians), and Helioporacea (blue coral), of the class Anthozoa; and

“(B) all species of the order Anthoathecata (fire corals and other hydrocorals) of the class Hydrozoa.

“(5) Coral products.--The term ‘coral products' means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species referred to in paragraph (4).

“(6) Coral reef.--The term ‘coral reef' means calcium carbonate structures in the form of a reef or shoal, composed in whole or in part by living coral, skeletal remains of coral, crustose coralline algae, and other associated sessile marine plants and animals.

“(7) Coral reef ecosystem.--The term ‘coral reef ecosystem' means--

“(A) corals and other geographically and ecologically associated marine communities of other reef organisms (including reef plants and animals) associated with coral reef habitat; and

“(B) the biotic and abiotic factors and processes that affect coral physiology, coral-algal symbiosis, and biodiversity in such habitat.

“(8) Coral reef ecosystem services.--The term ‘coral reef ecosystem services' means the attributes and benefits provided by coral reef ecosystems including--

“(A) protection of coastal beaches, structures, and infrastructure;

“(B) habitat for organisms of economic, ecological, biomedical, medicinal, and cultural value;

“(C) serving as centers for the promulgation, performance, and training of cultural practices representative of traditional ecological knowledge; and

“(D) aesthetic value.

“(9) Covered reef manager.--

“(A) In general.--The term ‘covered reef manager' means a management unit of a Federal agency specified in subparagraph (B) with jurisdiction over a coral reef ecosystem, covered State, or coral reef stewardship partnership.

“(B) Federal agencies specified.--A Federal agency specified in this subparagraph is one of the following:

“(i) The National Oceanic and Atmospheric Administration.

“(ii) The National Park Service.

“(iii) The United States Fish and Wildlife Service.

“(iv) The Office of Insular Affairs.

“(10) Covered state.--The term ‘covered State' means Florida, Hawaii, and the territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands.

“(11) Indian tribe.--The term ‘Indian Tribe' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

“(12) Institution of higher education.--The term ‘institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

“(13) Interested stakeholder groups.--The term ‘interested stakeholder groups' includes community members such as businesses, commercial and recreational fishermen, other recreationalists, Federal, State, Tribal, and local government units with related jurisdiction, institutions of higher education, and nongovernmental organizations.

“(14) Nonprofit organization.--The term ‘nonprofit organization' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.

“(15) Restoration.--The term ‘restoration' means the use of methods and procedures necessary to enhance, rehabilitate, recreate, or create a functioning coral reef or coral reef ecosystem, in whole or in part, within suitable waters of the historical geographic range of such ecosystems, to provide ecological, economic, cultural, or coastal resiliency services associated with healthy coral reefs and benefit native populations of coral reef organisms.

“(16) Resilience.--The term ‘resilience' means the capacity for corals within their native range, coral reefs, or coral reef ecosystems to resist and recover from natural and human disturbances, and maintain structure and function to provide coral reef ecosystem services as determined by clearly identifiable, measurable, and science-based standards.

“(17) State.--The term ‘State' means--

“(A) any State of the United States that contains a coral reef ecosystem within its seaward boundaries;

“(B) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the United States Virgin Islands; or

“(C) any other territory of the United States or separate sovereign in free association with the United States that contains a coral reef ecosystem within its seaward boundaries.

“(18) Stewardship.--The term ‘stewardship', with respect to a coral reef, includes conservation, restoration, and public outreach and education.

“(19) Task force.--The term ‘Task Force' means the United States Coral Reef Task Force.

“(20) Tribal organization.--The term ‘Tribal organization' has the meaning given the term ‘tribal organization' in section 3765 of title 38, United States Code.”.

(c) Conforming Amendment to National Oceans and Coastal Security Act.--Section 905(a) of the National Oceans and Coastal Security Act (16 U.S.C. 7504(a)) is amended by striking “and coastal infrastructure” and inserting “, coastal infrastructure, and ecosystem services provided by natural systems such as coral reefs”.

SEC. __14A. MODIFICATION TO SECTION 204 OF THE CORAL REEF CONSERVATION ACT OF 2000.

Section 204 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403) is amended--

(1) in subsection (a), by striking “this section” and inserting “section 213”; and

(2) by striking subsections (c) through (j).

Subtitle E--United States Coral Reef Task Force SEC. __15. ESTABLISHMENT.

There is established a task force to lead, coordinate, and strengthen Federal Government actions to better preserve, conserve, and restore coral reef ecosystems, to be known as the “United States Coral Reef Task Force” (in this subtitle referred to as the “Task Force”).

SEC. __15A. DUTIES.

The duties of the Task Force shall be--

(1) to coordinate, in cooperation with State, Tribal, and local government partners, coral reef research centers designated under section 215(c) of the Coral Reef Conservation Act of 2000 (as amended by subtitle D), and other nongovernmental and academic partners as appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, and restoration of coral reefs and coral reef ecosystems;

(2) to monitor and advise regarding implementation of the policy and Federal agency responsibilities set forth in--

(A) Executive Order No. 13089 (63 Fed. Reg. 32701; relating to coral reef protection); and

(B) the national coral reef resilience strategy developed under section 204A of the Coral Reef Conservation Act of 2000, as amended by subtitle D;

(3) to work with the Secretary of State and the Administrator of the United States Agency for International Development, and in coordination with the other members of the Task Force--

(A) to assess the United States role in international trade and protection of coral species;

(B) to encourage implementation of appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide; and

(C) to collaborate with international communities successful in managing coral reefs;

(4) to provide technical assistance for the development and implementation, as appropriate, of--

(A) the national coral reef resilience strategy under section 204A of the Coral Reef Conservation Act of 2000, as amended by subtitle D;

(B) coral reef action plans under section 205 of that Act; and

(C) coral reef emergency plans under section 209 of that Act; and

(5) to produce a report each year, for submission to the appropriate congressional committees and publication on a publicly available internet website of the Task Force, highlighting the status of the coral reef equities of a covered State on a rotating basis, including--

(A) a summary of recent coral reef management and restoration activities undertaken in that State; and

(B) updated estimates of the direct and indirect economic activity supported by, and other benefits associated with, those coral reef equities.

SEC. __15B. MEMBERSHIP.

(a) Voting Membership.--The Task Force shall have the following voting members:

(1) The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, who shall be co-chairs of the Task Force.

(2) The Administrator of the United States Agency for International Development.

(3) The Secretary of Agriculture.

(4) The Secretary of Defense.

(5) The Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works.

(6) The Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency.

(7) The Commandant of the Coast Guard.

(8) The Attorney General.

(9) The Secretary of State.

(10) The Secretary of Transportation.

(11) The Administrator of the Environmental Protection Agency.

(12) The Ambassador of the United States Trade Representative.

(13) The Administrator of the National Aeronautics and Space Administration.

(14) The Director of the National Science Foundation.

(15) The Governor, or a representative of the Governor, of each covered State.

(b) Nonvoting Members.--The Task Force shall have the following nonvoting members:

(1) A member appointed by the President of the Federated States of Micronesia.

(2) A member appointed by the President of the Republic of the Marshall Islands.

(3) A member appointed by the President of the Republic of Palau.

SEC. __15C. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.

(a) In General.--A member of the Task Force specified in paragraphs (1) through (15) of section __15B(a) shall--

(1) identify the actions of the agency that member represents that may affect coral reef ecosystems;

(2) utilize the programs and authorities of that agency to protect and enhance the conditions of such ecosystems, including through the promotion of basic and applied scientific research;

(3) collaborate with the Task Force to appropriately reflect budgetary needs for coral reef conservation and restoration activities in all agency budget planning and justification documents and processes; and

(4) engage in any other coordinated efforts approved by the Task Force.

(b) Co-Chairs.--In addition to their responsibilities under subsection (a), the co-chairs of the Task Force shall administer performance of the functions of the Task Force and facilitate the coordination of the members of the Task Force specified in paragraphs (1) through (15) of section __15B(a).

SEC. __15D. WORKING GROUPS.

(a) In General.--The co-chairs of the Task Force may establish working groups as necessary to meet the goals and carry out the duties of the Task Force.

(b) Requests From Members.--The members of the Task Force may request that the co-chairs establish a working group under subsection (a).

(c) Participation by Nongovernmental Organizations.--The co-chairs may allow nongovernmental organizations as appropriate, including academic institutions, conservation groups, and commercial and recreational fishing associations, to participate in a working group established under subsection (a).

(d) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to working groups established under this section.

SEC. __15E. DEFINITIONS.

In this subtitle:

(1) Appropriate congressional committees.--The term “appropriate congressional committees” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.

(2) Conservation, coral, coral reef, etc.--The terms “conservation”, “coral”, “coral reef”, “coral reef ecosystem”, “covered State”, “restoration”, “resilience”, and “State” have the meaning given those terms in section 218 of the Coral Reef Conservation Act of 2000, as amended by subtitle D.

Subtitle F--Department of the Interior Coral Reef Authorities SEC. __16. CORAL REEF CONSERVATION AND RESTORATION ASSISTANCE.

(a) In General.--The Secretary of the Interior, in addition to activities authorized under section 203 of the Coral Reef Conservation Act of 2000, as amended by this title, may provide scientific expertise, technical assistance, and financial assistance for the conservation and restoration of coral reefs consistent with all applicable laws governing resource management in Federal, State, and Tribal waters, including--

(1) the national coral reef resilience strategy in effect under section 204A of the Coral Reef Conservation Act of 2000, as amended by this title;

(2) coral reef action plans in effect under section 205 of that Act, as applicable; and

(3) coral reef emergency plans in effect under section 209 of that Act, as applicable.

(b) Office of Insular Affairs Coral Reef Initiative.--The Secretary of the Interior may establish within the Office of Insular Affairs a Coral Reef Initiative Program--

(1) to provide grant funding to support local management, conservation, and protection of coral reef ecosystems in--

(A) insular areas of covered States; and

(B) Freely Associated States;

(2) to complement the other conservation and assistance activities conducted under this subtitle; and

(3) to provide other technical, scientific, and financial assistance and conduct conservation activities that advance the purpose of this subtitle.

(c) Consultation With the Department of Commerce.--The Secretary of the Interior may consult with the Secretary of Commerce regarding the conduct of any activities to conserve and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of the Federal agencies specified in paragraphs (2) and (3) of section 203(c) of the Coral Reef Conservation Act of 2000, as amended by this title.

(d) Cooperative Agreements.--The Secretary of the Interior may enter into cooperative agreements with covered reef managers to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such managers that--

(1) are consistent with the national coral reef resilience strategy in effect under section 204A of the Coral Reef Conservation Act of 2000, as amended by this title; and

(2) support and enhance the success of--

(A) coral reef action plans in effect under section 205 of that Act; and

(B) coral reef emergency plans in effect under section 209 of that Act.

(e) Definitions.--In this section, the terms “conservation”, “coral reef”, “covered reef manager”, “covered State”, “restoration”, and “State” have the meaning given those terms in section 218 of the Coral Reef Conservation Act of 2000, as amended by this title.

(f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior to carry out this subtitle for each of fiscal years 2023 to 2027, $4,000,000.

Subtitle G--Susan L. Williams National Coral Reef Management Fellowship SEC. __17. DEFINITIONS.

In this subtitle:

(1) Administrator.--The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.

(2) Fellow.--The term “fellow” means a National Coral Reef Management Fellow.

(3) Fellowship.--The term “fellowship” means the National Coral Reef Management Fellowship established in section __17A.

(4) Indian tribe; tribal organization.--The terms “Indian Tribe” and “Tribal organization” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

SEC. __17A. ESTABLISHMENT OF FELLOWSHIP PROGRAM.

(a) In General.--There is established a National Coral Reef Management Fellowship Program.

(b) Purposes.--The purposes of the fellowship are--

(1) to encourage future leaders of the United States to develop additional coral reef management capacity in States and local communities with coral reefs;

(2) to provide management agencies of States, Tribal organizations, and Freely Associated States with highly qualified candidates whose education and work experience meet the specific needs of each State, Indian Tribe, and Freely Associated State; and

(3) to provide fellows with professional experience in management of coastal and coral reef resources.

SEC. __17B. FELLOWSHIP AWARDS.

(a) In General.--The Administrator, in coordination with the Secretary of the Interior, shall award the fellowship in accordance with this section.

(b) Term of Fellowship.--A fellowship awarded under this section shall be for a term of not more than 24 months.

(c) Qualifications.--The Administrator, in coordination with the Secretary of the Interior, shall award the fellowship to individuals who have demonstrated--

(1) an intent to pursue a career in marine services and outstanding potential for such a career;

(2) leadership potential, actual leadership experience, or both;

(3) a college or graduate degree in biological science, experience that correlates with aptitude and interest for marine management, or both;

(4) proficient writing and speaking skills; and

(5) such other attributes as the Administrator, in coordination with the Secretary of the Interior, consider appropriate.

SEC. __17C. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Administrator to carry out this subtitle for each of fiscal years 2022 through 2026, $1,500,000, to remain available until expended.

Subtitle H--Buy American Seafood SEC. __18. SENSE OF CONGRESS.

It is the sense of Congress that--

(1) American wild-caught seafood is integral to the Nation's food supply and to American food security;

(2) the seafood supply chain is often long and complex;

(3) American caught and American-processed seafood especially from small-scale fishery operations, can be a sustainable healthy source of protein and micronutrients;

(4) fresh, frozen, dried, and canned domestic seafood can be produced, processed, packaged, and transported in a manner that has a low carbon footprint;

(5) marine species that are small, at lower trophic levels, and pelagic typically have the smallest carbon footprint; and

(6) therefore, any executive agency that purchases seafood products should, to the extent practicable, buy local American-caught or American-harvested and American-processed seafood products from fisheries that are not overfished or experiencing overfishing, in order to support sustainable local seafood businesses, reduce greenhouse gas emissions associated with the seafood product supply chain, and reduce dependence on imported seafood products.

SEC. __18A. CAUGHT IN THE USA.

Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C. 713c-3(c)(1)) is amended to read as follows:

“(1) The Secretary shall make grants from the fund established under subsection (b) to--

“(A) assist persons in carrying out research and development projects addressed to any aspect of United States marine fisheries, including harvesting, processing, packaging, marketing, and associated infrastructures; or

“(B) assist persons to market and promote the consumption of--

“(i) local or domestic marine fishery products;

“(ii) environmentally and climate-friendly marine fishery products that minimize and employ efforts to avoid bycatch and impacts on marine mammals;

“(iii) invasive species; or

“(iv) well-managed but less known species.”.

Subtitle I--Insular Affairs SEC. __19. OCEAN AND COASTAL MAPPING INTEGRATION ACT.

Section 12204 of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3503) is amended--

(1) in paragraph (12) by striking “and”;

(2) in paragraph (13) by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(14) the study of insular areas and the effects of climate change.”.

Subtitle J--Studies and Reports SEC. __20. DEEP SEA MINING.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a comprehensive assessment of the environmental impacts of deep seabed mining, including--

(1) characterization of deep seabed ecosystems;

(2) assessment of potential impacts to deep seabed habitat and species from exploratory or extractive activities;

(3) assessment of the potential impacts of sediment plumes from disturbance of the deep seabed on the pelagic food chain; and

(4) approximate quantification of the greenhouse gas emissions associated with deep seabed mining, including emissions possibly from the release of greenhouse gases sequestered in the seabed.

SEC. __20A. NATIONAL ACADEMIES ASSESSMENT OF OCEANIC BLUE CARBON.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a comprehensive assessment of oceanic blue carbon, including--

(1) the impacts of marine species decline on carbon sequestration potential in ocean ecosystems, an estimate of the global carbon dioxide mitigation potential of protecting or recovering populations of fish and marine mammals, and the ecological considerations of such conservation strategies;

(2) an analysis of the geologic stores of carbon and deep sea storage of dissolved carbon in the deep seafloor environment, including current and potential natural long-term carbon storage, identification of gaps in scientific understanding, observations, and data regarding such geologic and deep sea carbon storage; and

(3) the potential impacts to oceanic blue carbon storage by human activities including energy development activities, deep sea mining, deep sea carbon capture technology, and other disturbances to the sea floor and gas hydrate disruption atop the seabed.

SEC. __20B. NATIONAL ACADEMIES ASSESSMENT OF OIL SPILLS AND PLASTIC INGESTION ON SEA LIFE.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a comprehensive assessment of the environmental impacts of plastic ingestion and oil and other fossil fuel spills on sea life, including--

(1) assessment of the potential health and ecological impacts of plastic ingestion on marine life;

(2) assessment of the types of plastics most commonly ingested by marine life and the types that have the most damaging health and ecosystem impacts, and recommendations for preventing and eliminating these plastics from the environment;

(3) quantification of the economic impacts of plastic pollution including the costs of cleanup, impacts on lost tourism, impacts on aquaculture and fishing, and other economic impacts identified by the Academy;

(4) assessment and quantification of the health and ecological impacts oil and other fossil fuel spills, flares, pipeline leaks, and extraction, including greenhouse gas emissions, have on marine life;

(5) quantification of the cost and effectiveness of cleaning up oil and other fossil fuel spills, flares, and pipeline leaks, and repairing damage to marine life, coasts, and businesses;

(6) quantification of the number of people employed in fossil fuel extraction on Federal waters with breakdown by State;

(7) quantification of the number of people employed in marine tourism and the blue economy, including the fishing and seafood industries, impacted by plastic, oil, and other fossil fuel pollution; and

(8) assessment and quantification of riverine sources of coastal plastic pollution in the United States, including a breakdown by sources that includes but is not limited to the Mississippi River.

SEC. __20C. OFFSHORE AQUACULTURE.

Not later than 24 months after the date of enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall enter into an agreement with the Board of Ocean Studies and Board Science, Technology, and Economic Policy of the National Academies of Sciences, Engineering, and Medicine to conduct a comprehensive assessment on the development of offshore aquaculture in the exclusive economic zone including--

(1) assessment of the potential environmental impacts of offshore aquaculture operations, including an evaluation on the risks of siting, water pollution, habitat impact, escape of farmed species on wild population stocks, waste treatment and disposal, feed operations, and the cumulative risks of multiple aquaculture operations in shared ecosystems;

(2) evaluation of the potential for offshore aquaculture to serve as a tool for environmental management, including connections to water quality, watershed management, and fishery conservation and management;

(3) identification of existing control technologies, management practices and regulatory strategies to minimize the environmental impact of offshore aquaculture operations, including from traditional aquaculture methods and practices of Native Americans, Alaska Natives, and Native Hawaiians;

(4) recommending best management practices related to sustainable feed for the offshore aquaculture industry, including best practices for sourcing from sustainably managed fisheries and traceability of source fish meal ingredients;

(5) evaluation of the potential impact of offshore aquaculture on the economies of coastal communities, particularly those dependent on traditional fishery resources; and

(6) assessment of the impacts of growing international offshore aquaculture operations on the United States seafood market and domestic seafood producers, including dependence of the United States on foreign-sourced seafood.

SEC. __20D. EXPANDING OPPORTUNITIES TO INCREASE THE DIVERSITY, EQUITY, AND INCLUSION OF HIGHLY SKILLED SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (“STEM”) PROFESSIONALS IN OCEAN RESEARCH AND DEVELOPMENT.

(a) In General.--The Secretary of Commerce shall expand opportunities to increase the number and the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (“STEM”) professionals working in National Oceanic and Atmospheric Administration mission-relevant disciplines and broaden the recruitment pool to increase diversity, including expanded partnerships with minority-serving institutions, historically Black colleges and universities, Tribal colleges and universities, non-research universities, two-year technical degrees, and scientific societies.

(b) Authorization of Independent Organization.--The Secretary shall authorize a nonpartisan and independent 501(c)(3) organization to build the public-private partnerships necessary to achieve these priorities.

(c) Definitions.--In this section:

(1) Minority-serving institution.--The term “minority-serving institution” includes the entities described in paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(2) Historically black colleges and universities.--The term “historically Black colleges and universities” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

(3) Tribal colleges and universities.--The term “Tribal college or university” has the meaning given such term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).

SEC. __20E. STUDY ON EFFECTS OF 6PPD-QUINONE.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a study on the effects of 6PPD-quinone on salmonids, aquatic species, and watersheds, including an economic analysis of declining salmon populations in the United States and the effect of such declining populations have on importation of salmon from other countries.

Subtitle K--Shark Fin Sales Elimination SEC. __21. SHARK FIN SALES ELIMINATION.

(a) Prohibition on Sale of Shark Fins.--

(1) Prohibition.--Except as provided in subsection (c), no person shall possess, acquire, receive, transport, offer for sale, sell, or purchase shark fins or products containing shark fins.

(2) Penalty.--A violation of paragraph (1) shall be treated as an act prohibited by section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) and shall be penalized pursuant to section 308 of that Act (16 U.S.C. 1858).

(b) Exceptions.--A person may possess a shark fin that was taken lawfully under a State, territorial, or Federal license or permit to take or land sharks, if the shark fin was separated after the first point of landing in a manner consistent with the license or permit and is--

(1) destroyed or disposed of immediately upon separation from the carcass;

(2) used for noncommercial subsistence purposes in accordance with State or territorial law; or

(3) used solely for display or research purposes by a museum, college, or university, or other person under a State or Federal permit to conduct noncommercial scientific research.

(c) Dogfish.--

(1) In general.--It shall not be a violation of subsection (b) for any person to possess, acquire, receive, transport, offer for sale, sell, or purchase any fresh or frozen unprocessed fin or tail from any stock of the species Mustelus canis (smooth dogfish) or Squalus acanthias (spiny dogfish).

(2) Report.--By not later than January 1, 2027, the Secretary of Commerce shall review the exemption contained in paragraph (1) and shall prepare and submit to Congress a report that includes a recommendation on whether the exemption contained in paragraph (1) should continue or be terminated. In preparing such report and making such recommendation, the Secretary shall analyze factors including--

(A) the economic viability of dogfish fisheries with and without the continuation of the exemption;

(B) the impact to ocean ecosystems of continuing or terminating the exemption;

(C) the impact on enforcement of the ban contained in subsection (b) caused by the exemption; and

(D) the impact of the exemption on shark conservation.

(d) Definition of Shark Fin.--In this section, the term “shark fin” means--

(1) the unprocessed or dried or otherwise processed detached fin of a shark; or

(2) the unprocessed or dried or otherwise processed detached tail of a shark.

(e) Enforcement.--The provisions of this section, and any regulations issued pursuant thereto, shall be enforced by the Secretary of Commerce. The Secretary may use by agreement, with or without reimbursement, the personnel, services, equipment, and facilities of any other Federal agency or any State agency or Indian Tribe for purposes of enforcing this section.

(f) State Authority.--Nothing in this section may be construed to preclude, deny, or limit any right of a State or territory to adopt or enforce any regulation or standard that is more stringent than a regulation or standard in effect under this section.

(g) Severability.--If any provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

Subtitle L--Bolstering Long-term Understanding and Exploration of the Great Lakes, Oceans, Bays, and Estuaries SEC. __22. PURPOSE.

The purpose of this subtitle is to promote and support--

(1) the monitoring, understanding, and exploration of the Great Lakes, oceans, bays, estuaries, and coasts; and

(2) the collection, analysis, synthesis, and sharing of data related to the Great Lakes, oceans, bays, estuaries, and coasts to facilitate science and operational decision making.

SEC. __22A. SENSE OF CONGRESS.

It is the sense of Congress that--

(1) agencies should optimize data collection, management, and dissemination, to the extent practicable, to maximize their impact for research, commercial, regulatory, and educational benefits and to foster innovation, scientific discoveries, the development of commercial products, and the development of sound policy with respect to the Great Lakes, oceans, bays, estuaries, and coasts;

(2) agencies should consider current and future needs relating to supercomputing capacity, data storage capacity, and public access, address gaps in those areas, and coordinate across agencies as needed;

(3) the United States is a leading member of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, a founding member of the Atlantic Ocean Research Alliance, and a key partner in developing the United Nations Decade of Ocean Science for Sustainable Development;

(4) the Integrated Ocean Observing System and the Global Ocean Observing System are key assets and networks that bolster understanding of the marine environment;

(5) the National Oceanographic Partnership Program is a meaningful venue for collaboration and coordination among Federal agencies, scientists, and ocean users;

(6) the National Centers for Environmental Information of the National Oceanic and Atmospheric Administration should be looked to by other Federal agencies as a primary, centralized repository for Federal ocean data;

(7) the Marine Cadastre, a joint effort of the National Oceanic and Atmospheric Administration and the Bureau of Ocean Energy Management, provides access to data and information for specific issues and activities in ocean resources management to meet the needs of offshore energy and planning efforts;

(8) the regional associations of the Integrated Ocean Observing System, certified by the National Oceanic and Atmospheric Administration for the quality and reliability of their data, are important sources of observation information for the Great Lakes, oceans, bays, estuaries, and coasts; and

(9) the Regional Ocean Partnerships and regional data portals, which provide publicly available tools such as maps, data, and other information to inform decisions and enhance marine development, should be supported by and viewed as collaborators with Federal agencies and ocean users.

SEC. __22B. DEFINITION OF ADMINISTRATOR.

In this subtitle, the term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary's capacity as Administrator of the National Oceanic and Atmospheric Administration.

SEC. __22C. INCREASED COORDINATION AMONG AGENCIES WITH RESPECT TO DATA AND MONITORING.

(a) Interagency Ocean Observation Committee.--In addition to its responsibilities as of the date of the enactment of this Act, and in consultation with the associated advisory committee authorized by section 12304(d) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(d)), the Interagency Ocean Observation Committee shall--

(1) work with international coordinating bodies, as necessary, to ensure robust, direct measurements of the Great Lakes, oceans, bays, estuaries, and coasts, including oceanographic data; and

(2) support cross-agency and multi-platform synergy, by coordinating overlapping data collection by satellites, buoys, submarines, gliders, vessels, and other data collection vehicles and technologies.

(b) Federal Geographic Data Committee.--In addition to its responsibilities as of the date of the enactment of this Act, and in consultation with the National Geospatial Advisory Committee, the Federal Geographic Data Committee shall--

(1) work with international coordinating bodies, as necessary, to ensure robust, continuous measurements of the Great Lakes, oceans, bays, estuaries, and coasts, including satellite and geospatial data; and

(2) support new and old data and metadata certification, quality assurance, quality control, integration, and archiving.

(c) Interagency Committee on Ocean and Coastal Mapping.--In addition to its responsibilities as of the date of the enactment of this Act, and in consultation with its associated advisory panel authorized by section 12203(g) of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3502(g)), the Interagency Committee on Ocean and Coastal Mapping shall--

(1) work with international coordinating bodies, as necessary, to ensure robust, continuous satellite and direct measurements of the Great Lakes, oceans, bays, estuaries, and coasts, including bathymetric data; and

(2) make recommendations on how to make data, metadata, and model output accessible to a broader public audience, including through geographic information system layers, graphics, and other visuals.

SEC. __22D. TECHNOLOGY INNOVATION TO COMBAT ILLEGAL, UNREPORTED, AND UNREGULATED FISHING.

(a) Definitions.--Section 3532 of the Maritime Security and Fisheries Enforcement Act (16 U.S.C. 8001) is amended--

(1) by redesignating paragraphs (6) through (13) as paragraphs (7) through (14), respectively; and

(2) by inserting after paragraph (5) the following:

“(6) Innovative technologies.--The term ‘innovative technologies' includes the following:

“(A) Improved satellite imagery and tracking.

“(B) Advanced electronic monitoring equipment.

“(C) Vessel location data.

“(D) Improved genetic, molecular, or other biological methods of tracking sources of seafood.

“(E) Electronic catch documentation and traceability.

“(F) Such other technologies as the Administrator of the National Oceanic and Atmospheric Administration considers appropriate.”.

(b) Technology Programs.--Section 3546 of the Maritime Security and Fisheries Enforcement Act (16 U.S.C. 8016) is amended--

(1) in paragraph (3), by striking “and” after the semicolon;

(2) in paragraph (4), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(5) coordinating the application of existing innovative technologies and the development of emerging innovative technologies.”.

SEC. __22E. WORKFORCE STUDY.

(a) In General.--Section 303(a) of the America COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended--

(1) in the matter preceding paragraph (1), by striking “Secretary of Commerce” and inserting “Under Secretary of Commerce for Oceans and Atmosphere”;

(2) in paragraph (2), by inserting “, skillsets, or credentials” after “degrees”;

(3) in paragraph (3), by inserting “or highly qualified technical professionals and tradespeople” after “atmospheric scientists”;

(4) in paragraph (4), by inserting “, skillsets, or credentials” after “degrees”;

(5) in paragraph (5)--

(A) by striking “scientist”; and

(B) by striking “; and” and inserting “, observations, and monitoring;”

(6) in paragraph (6), by striking “into Federal” and all that follows and inserting “, technical professionals, and tradespeople into Federal career positions;”

(7) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;

(8) by inserting after paragraph (1) the following:

“(2) whether there is a shortage in the number of individuals with technical or trade-based skillsets or credentials suited to a career in oceanic and atmospheric data collection, processing, satellite production, or satellite operations;”; and

(9) by adding at the end the following:

“(8) workforce diversity and actions the Federal Government can take to increase diversity in the scientific workforce; and

“(9) actions the Federal Government can take to shorten the hiring backlog for such workforce.”.

(b) Coordination.--Section 303(b) of the America COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(b)) is amended by striking “Secretary of Commerce” and inserting “Under Secretary of Commerce for Oceans and Atmosphere”.

(c) Report.--Section 303(c) of the America COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(c)) is amended--

(1) by striking “the date of enactment of this Act” and inserting “the date of the enactment of the Coast Guard Authorization Act of 2022”;

(2) by striking “Secretary of Commerce” and inserting “Under Secretary of Commerce for Oceans and Atmosphere”; and

(3) by striking “to each committee” and all that follows through “section 302 of this Act” and inserting “to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives”.

(d) Program and Plan.--Section 303(d) of the America COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(d)) is amended--

(1) by striking “Administrator of the National Oceanic and Atmospheric Administration” and inserting “Under Secretary of Commerce for Oceans and Atmosphere”; and

(2) by striking “academic partners” and all that follows and inserting “academic partners.”.

SEC. __22F. ACCELERATING INNOVATION AT COOPERATIVE INSTITUTES.

(a) Focus on Emerging Technologies.--The Administrator of the National Oceanic and Atmospheric Administration shall ensure that the goals of the Cooperative Institutes of the National Oceanic and Atmospheric Administration include focusing on advancing or applying emerging technologies, which may include--

(1) applied uses and development of real-time and other advanced genetic technologies and applications, including such technologies and applications that derive genetic material directly from environmental samples without any obvious signs of biological source material;

(2) deployment of, and improvements to, the durability, maintenance, and other lifecycle concerns of advanced unmanned vehicles, regional small research vessels, and other research vessels that support and launch unmanned vehicles and sensors; and

(3) supercomputing and big data management, including data collected through electronic monitoring and remote sensing.

(b) Data Sharing.--Each Cooperative Institute shall ensure that data collected from the work of the institute, other than classified, confidential, or proprietary data, are archived and made publicly accessible.

(c) Coordination With Other Programs.--The Cooperative Institutes shall work with the Interagency Ocean Observation Committee, the regional associations of the Integrated Ocean Observing System, and other ocean observing programs to coordinate technology needs and the transition of new technologies from research to operations.

SEC. __22G. OCEAN INNOVATION PRIZE AND PRIORITIZATION.

(a) Ocean Innovative Prizes.--Not later than 4 years after the date of the enactment of this Act, and under the authority provided by section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the heads of relevant Federal agencies, including the Secretary of Defense, and in conjunction with nongovernmental partners, as appropriate and at the discretion of the Administrator, shall establish at least one Ocean Innovation Prize to catalyze the rapid development and deployment of data collection and monitoring technology related to the Great Lakes, oceans, bays, estuaries, and coasts in at least one of the areas specified in subsection (b).

(b) Areas.--The areas specified in this subsection are the following:

(1) Improved eDNA analytics and deployment with autonomous vehicles.

(2) Plastic pollution detection, quantification, and mitigation, including with respect to used fishing gear and tracking technologies to reduce or eliminate bycatch.

(3) Advanced satellite data and other advanced technology for improving scientific assessment.

(4) New stock assessment methods using satellite data or other advanced technologies.

(5) Advanced electronic fisheries monitoring equipment and data analysis tools, including improved fish species recognition software, confidential data management, data analysis and visualization, and storage of electronic reports, imagery, location information, and other data.

(6) Autonomous and other advanced surface vehicles, underwater vehicles, or airborne platforms for data collection and monitoring.

(7) Artificial intelligence and machine learning applications for data collection and monitoring related to the Great Lakes, oceans, bays, estuaries, and coasts.

(8) Coral reef ecosystem monitoring.

(9) Electronic equipment, chemical or biological sensors, data analysis tools, and platforms to identify and fill gaps in robust and shared continuous data related to the Great Lakes, oceans, bays, estuaries, and coasts to inform global earth system models.

(10) Means for protecting aquatic life from injury or other ill effects caused, in whole or in part, by monitoring or exploration activities.

(11) Discovery and dissemination of data related to the Great Lakes, oceans, bays, estuaries, and coasts.

(12) Water quality monitoring, including improved detection and prediction of harmful algal blooms and pollution.

(13) Enhancing blue carbon sequestration and other ocean acidification mitigation opportunities.

(14) Such other areas as may be identified by the Administrator.

(c) Prioritization of Proposals.--In selecting recipients of Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) solicitations and interagency grants for ocean innovation, including the National Oceanographic Partnership Program, the Administrator shall prioritize proposals for fiscal years 2023 and 2024 that address at least one of the areas specified in subsection (b).

SEC. __22H. REAUTHORIZATION OF NOAA PROGRAMS.

Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d) is amended--

(1) in paragraph (1), by striking “$70,814,000 for each of fiscal years 2019 through 2023” and inserting “$71,000,000 for each of fiscal years 2023 through 2026”;

(2) in paragraph (2), by striking “$25,000,000 for each of fiscal years 2019 through 2023” and inserting “$34,000,000 for each of fiscal years 2023 through 2026”;

(3) in paragraph (3), by striking “$29,932,000 for each of fiscal years 2019 through 2023” and inserting “$38,000,000 for each of fiscal years 2023 through 2026”;

(4) in paragraph (4), by striking “$26,800,000 for each of fiscal years 2019 through 2023” and inserting “$45,000,000 for each of fiscal years 2023 through 2026”; and

(5) in paragraph (5), by striking “$30,564,000 for each of fiscal years 2019 through 2023” and inserting “$35,000,000 for each of fiscal years 2023 through 2026”.

SEC. __22I. BLUE ECONOMY VALUATION.

(a) Measurement of Blue Economy Industries.--The Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of Economic Analysis, the Commissioner of the Bureau of Labor Statistics, the Secretary of the Treasury, and the heads of other relevant Federal agencies, shall prioritize the collection, aggregation, and analysis of data to measure the value and impact of industries related to the Great Lakes, oceans, bays, estuaries, and coasts on the economy of the United States, including living resources, marine construction, marine transportation, offshore mineral extraction, ship and boat building, tourism, recreation, subsistence, and such other industries the Administrator considers appropriate (known as “Blue Economy” industries).

(b) Collaboration.--In carrying out subsection (a), the Administrator shall--

(1) work with the Director of the Bureau of Economic Analysis and the heads of other relevant Federal agencies to develop a Coastal and Ocean Economy Satellite Account that includes national and State-level statistics to measure the contribution of the Great Lakes, oceans, bays, estuaries, and coasts to the overall economy of the United States; and

(2) collaborate with national and international organizations and governments to promote consistency of methods, measurements, and definitions to ensure comparability of results between countries.

(c) Report.--Not less frequently than once every 2 years, the Administrator, in consultation with the Director of the Bureau of Economic Analysis, the Commissioner of the Bureau of Labor Statistics, the Secretary of the Treasury, and the heads of other relevant Federal agencies, shall publish a report that--

(1) defines the Blue Economy, in coordination with Tribal governments, academia, industry, nongovernmental organizations, and other relevant experts;

(2) makes recommendations for updating North American Industry Classification System (NAICS) reporting codes to reflect the Blue Economy; and

(3) provides a comprehensive estimate of the value and impact of the Blue Economy with respect to each State and territory of the United States, including--

(A) the value and impact of--

(i) economic activities that are dependent upon the resources of the Great Lakes, oceans, bays, estuaries, and coasts;

(ii) the population and demographic characteristics of the population along the coasts;

(iii) port and shoreline infrastructure;

(iv) the volume and value of cargo shipped by sea or across the Great Lakes; and

(v) data collected from the Great Lakes, oceans, bays, estuaries, and coasts, including such data collected by businesses that purchase and commodify the data, including weather prediction and seasonal agricultural forecasting; and

(B) to the extent possible, the qualified value and impact of the natural capital of the Great Lakes, oceans, bays, estuaries, and coasts with respect to tourism, recreation, natural resources, and cultural heritage, including other indirect values.

SEC. __22J. ADVANCED RESEARCH PROJECTS AGENCY-OCEANS.

(a) Agreement.--Not later than 45 days after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration shall seek to enter into an agreement with the National Academy of Sciences to conduct the comprehensive assessment under subsection (b).

(b) Comprehensive Assessment.--

(1) In general.--Under an agreement between the Administrator and the National Academy of Sciences under this section, the National Academy of Sciences shall conduct a comprehensive assessment of the need for and feasibility of establishing an Advanced Research Projects Agency-Oceans (ARPA-O) that operates in coordination with and with nonduplication of existing Federal oceanic research programs, including programs of the Office of Oceanic and Atmospheric Research of the National Oceanic and Atmospheric Administration.

(2) Elements.--The comprehensive assessment carried out pursuant to paragraph (1) shall include--

(A) an assessment of how an ARPA-O could help overcome the long-term and high-risk technological barriers in the development of ocean technologies, with the goal of enhancing the economic, ecological, and national security of the United States through the rapid development of technologies that result in--

(i) improved data collection, monitoring, and prediction of the ocean environment, including sea ice conditions;

(ii) overcoming barriers to the application of new and improved technologies, such as high costs and scale of operational missions;

(iii) improved management practices for protecting ecological sustainability;

(iv) improved national security capacity;

(v) improved technology for fishery population assessments;

(vi) expedited processes between and among Federal agencies to successfully identify, transition, and coordinate research and development output to operations, applications, commercialization, and other uses; and

(vii) ensuring that the United States maintains a technological lead in developing and deploying advanced ocean technologies;

(B) an evaluation of the organizational structures under which an ARPA-O could be organized, which takes into account--

(i) best practices for new research programs;

(ii) consolidation and reorganization of existing Federal oceanic programs to effectuate coordination and nonduplication of such programs;

(iii) metrics and approaches for periodic program evaluation;

(iv) capacity to fund and manage external research awards; and

(v) options for oversight of the activity through a Federal agency, an interagency organization, nongovernmental organization, or other institutional arrangement; and

(C) an estimation of the scale of investment necessary to pursue high priority ocean technology projects.

(c) Report.--Not later than 18 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the comprehensive assessment conducted under subsection (b).

Subtitle M--Climate Change Education SEC. __23. FINDINGS.

Congress makes the following findings:

(1) The evidence for human-induced climate change is overwhelming and undeniable.

(2) Atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation.

(3) Providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action.

(4) Implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment.

(5) Informing people of new technologies and programs as they become available will ensure maximum understanding and maximum effect of those measures.

(6) More than 3,000,000 students graduate from high schools and colleges in the United States each year, armed with attitudes, skills, and knowledge about the climate that inform their actions.

(7) The effect on the climate, positive or negative, of each of those 3,000,000 students lasts beyond a lifetime.

(8) Those students need to be prepared to implement changes in professional and personal practices, to support and help develop new technology and policy, and to address the coming social and economic challenges and opportunities arising from a changing climate.

(9) It has been demonstrated that the people of the United States overwhelmingly support teaching students about the causes, consequences, and potential solutions to climate change in all 50 States and more than 3,000 counties across the United States.

(10) Only 30 percent of middle school and 45 percent of high school science teachers understand the extent of the scientific consensus on climate change.

SEC. __23A. DEFINITIONS.

In this subtitle:

(1) Administrator.--The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.

(2) Climate change education.--The term “climate change education” means nonformal and formal interdisciplinary learning at all age levels about--

(A) climate change, climate adaptation and mitigation, climate resilience, and climate justice; and

(B) the effects of climate change, climate adaptation and mitigation, climate resilience, and climate justice on the environmental, energy, social, and economic systems of the United States.

(3) Climate literacy.--The term “climate literacy” means competence or knowledge of climate change, its causes and impacts, and the technical, scientific, economic, and social dynamics of promising solutions.

(4) Climate justice.--The term “climate justice” means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of policies and projects to ensure that each person enjoys the same degree of protection from the adverse effects of climate change.

(5) Environmental justice.--The term “environmental justice” means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that each person enjoys--

(A) the same degree of protection from environmental and health hazards; and

(B) equal access to any Federal agency action on environmental justice issues in order to have a healthy environment in which to live, learn, work, and recreate.

(6) Environmental justice community.--The term “environmental justice community” means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects as compared to other communities.

(7) Green economy.--The term “green economy” means an economy that results in improved human and economic well-being and social equity by significantly reducing environmental risks and ecological scarcities.

(8) Institution of higher education.--The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(9) Local educational agency; state educational agency.--The terms “local educational agency” and “State educational agency” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(10) Nonformal.--The term “nonformal” means, with respect to learning, out-of-school educational programming carried out by nonprofit organizations and public agencies.

(11) Nonprofit organization.--The term “nonprofit organization” means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code.

SEC. __23B. CLIMATE CHANGE EDUCATION PROGRAM.

The Administrator shall establish a Climate Change Education Program to--

(1) increase the climate literacy of the United States by broadening the understanding of climate change, including possible long-term and short-term consequences, disproportionate impacts of those consequences, and potential solutions;

(2) apply the latest scientific and technological discoveries, including through the use of the scientific assets of the Administration, to provide formal and nonformal learning opportunities to individuals of all ages, including individuals of diverse cultural and linguistic backgrounds; and

(3) emphasize actionable information to help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, climate resilience, climate justice, and environmental justice.

SEC. __23C. GRANT PROGRAM.

(a) In General.--As part of the Climate Change Education Program established under section __23B, the Administrator shall establish a program to make grants to the following:

(1) State educational agencies, in partnership with local educational agencies and local nonprofit organizations, for the implementation of aspects of State climate literacy plans for grades 4 through 12 formal and informal climate change education that--

(A) are aligned with State education standards;

(B) ensure that students graduate from high school with climate literacy; and

(C) include at least 1 of the following:

(i) Relevant teacher training and professional development.

(ii) Creation of applied learning project-based models, such as models making optimum use of green features improvements to school facilities, such as energy systems, lighting systems, water management, waste management, and school grounds improvements.

(iii) Incorporation of climate change mitigation and green technologies into new and existing career and technical education career tracks and work-based learning experiences, including development of partnerships with labor organizations, trade organizations, and apprenticeship programs.

(2) Institutions of higher education and networks or partnerships of such institutions to engage teams of faculty and students to develop applied climate research and deliver to local communities direct services related to local climate mitigation and adaptation issues, with priority given to projects that--

(A) foster long-term campus-community partnerships;

(B) show potential to scale work beyond the grant term;

(C) are inclusive for all segments of the population; and

(D) promote equitable and just outcomes.

(3) Professional associations and academic disciplinary societies for projects that build capacity at the State and national levels for continuing education by practicing professionals and the general public in green economy fields.

(4) Youth corps organizations to engage in community-based climate mitigation and adaptation work that includes a substantive educational component.

(b) Consultation.--The Administrator shall annually consult with other relevant agencies of the Federal Government to determine ways in which grant making under subsection (a) can enhance and support other national climate education and training and environmental justice goals.

(c) Environmental Justice Communities.--The Administrator shall ensure that 40 percent of all funds appropriated for grants under paragraphs (2) and (4) of subsection (a) are directed into environmental justice communities.

(d) Communities of Practice.--The Administrator shall establish communities of practice with respect to each of paragraphs (1) through (4) of subsection (a) in order to accelerate learning.

SEC. __23D. REPORT.

Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader effects of activities carried out under this subtitle.

SEC. __23E. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this subtitle $50,000,000 for each of fiscal years 2022 through 2027.

(b) Allocation of Amounts for Grant Program.--

(1) In general.--Amounts appropriated to carry out the grant program required by section __23C(a) shall be allocated as follows:

(A) Not less than 40 percent and not more than 60 percent for grants made under paragraph (1) of such section.

(B) Not less than 20 percent and not more than 40 percent for grants made under paragraph (2) of such section.

(C) Not less than 5 percent and not more than 20 percent for grants made under paragraph (3) of such section.

(D) Not less than 5 percent and not more than 20 percent for grants made under paragraph (4) of such section.

(E) Such amount as the Administrator determines appropriate for the administration of this subtitle.

(2) Exception.--If amounts appropriated to carry out the grant program required by section __23C(a) do not exceed $10,000,000 in any fiscal year, the National Oceanic and Atmospheric Administration may prioritize grants made under subparagraphs (A) and (B) of paragraph (1) of such section.

Subtitle N--Office of Education Technology to Support the Bureau of Indian Education SEC. __24. UPDATING BUREAU OF INDIAN AFFAIRS PROGRAMS.

Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended by striking “Office of Indian Education Programs” each place it appears (in any font) and inserting “Bureau of Indian Education” (in the corresponding font).

SEC. __24A. ESTABLISHMENT FOR THE OFFICE OF EDUCATION TECHNOLOGY TO SUPPORT THE BUREAU OF INDIAN EDUCATION.

Section 1133 of the Education Amendments of 1978 (25 U.S.C. 2013) is amended by adding at the end the following:

“(c) Bureau of Indian Education Office of Education Technology.--

“(1) Establishment.--

“(A) In general.--Not later than 24 months after the date of the enactment of this subsection, the Secretary shall establish the Office of Education Technology under the Assistant Secretary for Indian Affairs to be administered by the Deputy Assistant Secretary of Indian Affairs (Management).

“(B) Capacity and coordination.--Not later than 36 months after the date of the enactment of this subsection, the Office of the Assistant Secretary of Indian Affairs shall coordinate with the Bureau of Indian Education Director to ensure consistent and timely coordination for the Office of Education Technology to be at full capacity.

“(C) Transfer.--Not later than 37 months after the date of the enactment of this subsection, the Deputy Assistant Secretary of Indian Affairs (Management), the Secretary (in consultation with the Chief Information Officer for the Department of the Interior), the Assistant Secretary for Indian Affairs, and the Director of the Bureau of Indian Education shall transfer the Office of Educational Technology to the Bureau of Indian Education.

“(2) Purpose.--The Office of Education Technology shall ensure that the Bureau of Indian Education has the necessary education technology support to improve educational outcomes.

“(3) Duties.--The Office of Education Technology shall--

“(A) manage the procurement, distribution, and updates for information technology and related equipment;

“(B) plan, coordinate, and implement policies related to information technology and related equipment;

“(C) provide technical assistance for the agency school boards, Bureau of Indian Education Funded Schools, and early childhood services; and

“(D) coordinate education technology programs and activities for the Bureau of Indian Education.

“(d) Implementation of Education Technology Modernization Systems.--

“(1) Needs assessment.--Not later than 2 years after the date of the enactment of this subsection, the Office of the Assistant Secretary for Indian Affairs and the Bureau of Indian Education shall complete a needs assessment of education technology for Bureau of Indian Education Funded Schools.

“(2) Implementation.--Not later than 3 years after the date of the enactment of this subsection, the Secretary shall complete the implementation of a long-term modernization plan and report progress updates for Bureau of Indian Education Funded Schools.

“(e) Reporting.--Not later than 3 years after the date of the enactment of this subsection, and each fiscal year thereafter, the Secretary shall submit to the Committee on Natural Resources and Committee on Education and Labor of the House of Representatives and the Committee on Indian Affairs of the Senate, a report that contains--

“(1) a yearly evaluation of the implementation of this Act, including a description of the progress of the Office of Information Technology in carrying out the activities described in subsection (c)(3); and

“(2) such other information the Director of the Bureau of Indian Education, in coordination with the Assistant Secretary for Indian Affairs deems necessary.

“(f) Definitions.--In this section:

“(1) Bureau of indian education funded schools.--The term ‘Bureau of Indian Education Funded Schools' means Bureau of Indian Education operated schools, schools operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), and schools operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).

“(2) Office of education technology.--The term ‘Office of Education Technology' means the Office of Education Technology supporting the Bureau of Indian Education established under this subsection.”.

Subtitle O--Public Land Renewable Energy Development Act SEC. __25. DEFINITIONS.

In this subtitle:

(1) Covered land.--The term “covered land” means land that is--

(A) Federal land administered by the Secretary; and

(B) not excluded from the development of geothermal, solar, or wind energy under--

(i) a land use plan; or

(ii) other Federal law.

(2) Exclusion area.--The term “exclusion area” means covered land that is identified by the Bureau of Land Management as not suitable for development of renewable energy projects.

(3) Federal land.--The term “Federal land” means--

(A) public lands; and

(B) lands of the National Forest System as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).

(4) Fund.--The term “Fund” means the Renewable Energy Resource Conservation Fund established by section __25C(c)(1).

(5) Land use plan.--The term “land use plan” means--

(A) in regard to Federal land, a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(B) in regard to National Forest System lands, a land management plan approved, amended, or revised under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

(6) Priority area.--The term “priority area” means covered land identified by the land use planning process of the Bureau of Land Management as being a preferred location for a renewable energy project, including a designated leasing area (as defined in section 2801.5(b) of title 43, Code of Federal Regulations (or a successor regulation)) that is identified under the rule of the Bureau of Land Management entitled “Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections” (81 Fed. Reg. 92122 (December 19, 2016)) (or a successor regulation).

(7) Public lands.--The term “public lands” has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(8) Renewable energy project.--The term “renewable energy project” means a project carried out on covered land that uses wind, solar, or geothermal energy to generate energy.

(9) Secretary.--The term “Secretary” means the Secretary of the Interior.

(10) Variance area.--The term “variance area” means covered land that is--

(A) not an exclusion area;

(B) not a priority area; and

(C) identified by the Secretary as potentially available for renewable energy development and could be approved without a plan amendment, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)).

SEC. __25A. LAND USE PLANNING; UPDATES TO PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS.

(a) Priority Areas.--

(1) In general.--The Secretary, in consultation with the Secretary of Energy, shall establish priority areas on covered land for geothermal, solar, and wind energy projects, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 116-260). Among applications for a given renewable energy source, proposed projects located in priority areas for that renewable energy source shall--

(A) be given the highest priority for incentivizing deployment thereon; and

(B) be offered the opportunity to participate in any regional mitigation plan developed for the relevant priority areas.

(2) Establishing priority areas.--

(A) Geothermal energy.--For geothermal energy, the Secretary shall establish priority areas as soon as practicable, but not later than 5 years, after the date of enactment of this Act.

(B) Solar energy.--For solar energy--

(i) solar designated leasing areas (including the solar energy zones established by Bureau of Land Management Solar Energy Program, established in October 2012), and any subsequent land use plan amendments, shall be considered to be priority areas for solar energy projects; and

(ii) the Secretary shall complete a process to consider establishing additional solar priority areas as soon as practicable, but not later than 3 years, after the date of enactment of this Act.

(C) Wind energy.--For wind energy, the Secretary shall complete a process to consider establishing additional wind priority areas as soon as practicable, but not later than 3 years, after the date of enactment of this Act.

(b) Variance Areas.--Variance areas shall be considered for renewable energy project development, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 116-260), and applications for a given renewable energy source located in those variance areas shall be timely processed in order to assist in meeting that goal.

(c) Review and Modification.--

(1) In general.--Not less than once every 10 years, the Secretary shall--

(A) review the adequacy of land allocations for geothermal, solar, and wind energy priority, exclusion, and variance areas for the purpose of encouraging and facilitating new renewable energy development opportunities; and

(B) based on the review carried out under subparagraph (A), add, modify, or eliminate priority, variance, and exclusion areas.

(2) Exception.--Paragraph (1) shall not apply to the renewable energy land use planning published in the Desert Renewable Energy Conservation Plan developed by the California Energy Commission, the California Department of Fish and Wildlife, the Bureau of Land Management, and the United States Fish and Wildlife Service until January 1, 2031.

(d) Compliance With the National Environmental Policy Act.--For purposes of this section, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished--

(1) for geothermal energy, by updating the document entitled “Final Programmatic Environmental Impact Statement for Geothermal Leasing in the Western United States”, dated October 2008, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized;

(2) for solar energy, by updating the document entitled “Final Programmatic Environmental Impact Statement (PEIS) for Solar Energy Development in Six Southwestern States”, dated July 2012, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized; and

(3) for wind energy, by updating the document entitled “Final Programmatic Environmental Impact Statement on Wind Energy Development on BLM-Administered Lands in the Western United States”, dated July 2005, and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized.

(e) No Effect on Processing Site Specific Applications.--Site specific environmental review and processing of permits for proposed projects shall proceed during preparation of an updated programmatic environmental impact statement, resource management plan, or resource management plan amendment.

(f) Coordination.--In developing updates required by this section, the Secretary shall coordinate, on an ongoing basis, with appropriate State, Tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities to ensure that priority areas identified by the Secretary are--

(1) economically viable (including having access to existing and planned transmission lines);

(2) likely to avoid or minimize impacts to habitat for animals and plants, recreation, cultural resources, and other uses of covered land; and

(3) consistent with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), including subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).

SEC. __25B. LIMITED GRANDFATHERING.

(a) Definition of Project.--In this section, the term “project” means a system described in section 2801.9(a)(4) of title 43, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(b) Requirement To Pay Rents and Fees.--Unless otherwise agreed to by the owner of a project, the owner of a project that applied for a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2017, shall be obligated to pay with respect to the right-of-way all rents and fees in effect before the effective date of the rule of the Bureau of Land Management entitled “Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections” (81 Fed. Reg. 92122 (December 19, 2016)).

SEC. __25C. DISPOSITION OF REVENUES.

(a) Disposition of Revenues.--

(1) Availability.--Subject to future appropriations, and except as provided in paragraph (2), beginning on January 1, 2023, amounts collected from a wind or solar project as bonus bids, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization, are authorized to be made available as follows:

(A) Twenty-five percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the revenue is derived.

(B) Twenty-five percent shall be paid by the Secretary of the Treasury to the one or more counties within the boundaries of which the revenue is derived, to be allocated among the counties based on the percentage of land from which the revenue is derived.

(C) Twenty-five percent shall be deposited in the Treasury and be made available to the Secretary to carry out the program established under this subtitle, including the transfer of the funds by the Bureau of Land Management to other Federal agencies and State agencies to facilitate the processing of renewable energy permits on Federal land, with priority given to using the amounts, to the maximum extent practicable without detrimental impacts to emerging markets, to expediting the issuance of permits required for the development of renewable energy projects in the States from which the revenues are derived.

(D) Twenty-five percent shall be deposited in the Renewable Energy Resource Conservation Fund established by subsection (c).

(2) Exceptions.--Paragraph (1) shall not apply to the following:

(A) Amounts collected under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)).

(B) Amounts deposited into the National Parks and Public Land Legacy Restoration Fund under section 200402(b) of title 54, United States Code.

(b) Payments to States and Counties.--

(1) In general.--Amounts paid to States and counties under subsection (a)(1) shall be used consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191).

(2) Payments in lieu of taxes.--A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31, United States Code.

(c) Renewable Energy Resource Conservation Fund.--

(1) In general.--There is established in the Treasury a fund to be known as the “Renewable Energy Resource Conservation Fund”, which shall be administered by the Secretary, in consultation with the Secretary of Agriculture.

(2) Use of funds.--The Secretary may make amounts in the Fund available to Federal, State, local, and Tribal agencies to be distributed in regions in which renewable energy projects are located on Federal land. Such amounts may be used to--

(A) restore and protect--

(i) fish and wildlife habitat for affected species;

(ii) fish and wildlife corridors for affected species; and

(iii) wetlands, streams, rivers, and other natural water bodies in areas affected by wind, geothermal, or solar energy development; and

(B) preserve and improve recreational access to Federal land and water in an affected region through an easement, right-of-way, or other instrument from willing landowners for the purpose of enhancing public access to existing Federal land and water that is inaccessible or restricted.

(3) Partnerships.--The Secretary may enter into cooperative agreements with State and Tribal agencies, nonprofit organizations, and other appropriate entities to carry out the activities described in paragraph (2).

(4) Investment of fund.--

(A) In general.--Amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities.

(B) Use.--Interest earned under subparagraph (A) may be expended in accordance with this subsection.

(5) Report to congress.--At the end of each fiscal year, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate that includes a description of--

(A) the amount collected as described in subsection (a), by source, during that fiscal year;

(B) the amount and purpose of payments during that fiscal year to each Federal, State, local, and Tribal agency under paragraph (2); and

(C) the amount remaining in the Fund at the end of the fiscal year.

(6) Intent of congress.--It is the intent of Congress that the revenues deposited and used in the Fund shall supplement (and not supplant) annual appropriations for activities described in paragraph (2).

SEC. __25D. SAVINGS.

Notwithstanding any other provision of this subtitle, the Secretary shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with title I of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (43 U.S.C. 1701 et seq.), as applicable, including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.

Subtitle P--Increasing Community Access to Resiliency Grants SEC. __26. CENTRALIZED WEBSITE FOR RESILIENCY GRANTS.

(a) In General.--Not later than 180 days after the date of enactment of this subsection, the Administrator shall establish and regularly update a publicly available website that includes--

(1) hyperlinks to all grants administered by the National Oceanic and Atmospheric Administration and hyperlinks to other Federal agencies that offer similar grants to assist State, Tribal, and local governments with resiliency, adaptation, and mitigation of climate change and sea level rise; and

(2) with respect to each such grant, the contact information for an individual who can offer assistance to State, Tribal, and local governments.

(b) Outreach.--The Administrator shall conduct outreach activities to inform State, Tribal, and local governments of the resiliency, adaptation, and mitigation grants.

(c) Administrator.--In this section, the term “Administrator” means the Secretary of Commerce acting through the Administrator of the National Oceanic and Atmospheric Administration.

Subtitle Q--Keep America's Waterfronts Working SEC. __27. WORKING WATERFRONTS GRANT PROGRAM.

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. WORKING WATERFRONTS GRANT PROGRAM.

“(a) Working Waterfront Task Force.--

“(1) Establishment and functions.--The Secretary of Commerce shall establish a task force to work directly with coastal States, user groups, and coastal stakeholders to identify and address critical needs with respect to working waterfronts.

“(2) Membership.--The members of the task force shall be appointed by the Secretary of Commerce, and shall include--

“(A) experts in the unique economic, social, cultural, ecological, geographic, and resource concerns of working waterfronts; and

“(B) representatives from the National Oceanic and Atmospheric Administration's Office of Coastal Management, the United States Fish and Wildlife Service, the Department of Agriculture, the Environmental Protection Agency, the United States Geological Survey, the Navy, the National Marine Fisheries Service, the Economic Development Agency, and such other Federal agencies as the Secretary considers appropriate.

“(3) Functions.--The task force shall--

“(A) identify and prioritize critical needs with respect to working waterfronts in States that have a management program approved by the Secretary of Commerce pursuant to section 306, in the areas of--

“(i) economic and cultural importance of working waterfronts to communities;

“(ii) changing environments and threats working waterfronts face from environment changes, trade barriers, sea level rise, extreme weather events, ocean acidification, and harmful algal blooms; and

“(iii) identifying working waterfronts and highlighting them within communities;

“(B) outline options, in coordination with coastal States and local stakeholders, to address such critical needs, including adaptation and mitigation where applicable;

“(C) identify Federal agencies that are responsible under existing law for addressing such critical needs; and

“(D) recommend Federal agencies best suited to address any critical needs for which no agency is responsible under existing law.

“(4) Information to be considered.--In identifying and prioritizing policy gaps pursuant to paragraph (3), the task force shall consider the findings and recommendations contained in section VI of the report entitled ‘The Sustainable Working Waterfronts Toolkit: Final Report', dated March 2013.

“(5) Report.--Not later than 18 months after the date of the enactment of this section, the task force shall submit a report to Congress on its findings.

“(6) Implementation.--The head of each Federal agency identified in the report pursuant to paragraph (3)(C) shall take such action as is necessary to implement the recommendations contained in the report by not later than 1 year after the date of the issuance of the report.

“(b) Working Waterfront Grant Program.--

“(1) The Secretary shall establish a Working Waterfront Grant Program, in cooperation with appropriate State, regional, and other units of government, under which the Secretary may make a grant to any coastal State for the purpose of implementing a working waterfront plan approved by the Secretary under subsection (c).

“(2) Subject to the availability of appropriations, the Secretary shall award matching grants under the Working Waterfronts Grant Program to coastal States with approved working waterfront plans through a regionally equitable, competitive funding process in accordance with the following:

“(A) The Governor, or the lead agency designated by the Governor for coordinating the implementation of this section, where appropriate in consultation with the appropriate local government, shall determine that the application is consistent with the State's or territory's approved coastal zone plan, program, and policies prior to submission to the Secretary.

“(B) In developing guidelines under this section, the Secretary shall consult with coastal States, other Federal agencies, and other interested stakeholders with expertise in working waterfront planning.

“(C) Coastal States may allocate grants to local governments, Indian Tribes, agencies, or nongovernmental organizations eligible for assistance under this section.

“(3) In awarding a grant to a coastal State, the Secretary shall consider--

“(A) the economic, cultural, and historical significance of working waterfront to the coastal State;

“(B) the demonstrated working waterfront needs of the coastal State as outlined by a working waterfront plan approved for the coastal State under subsection (c), and the value of the proposed project for the implementation of such plan;

“(C) the ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other government units, landowners, corporations, or private organizations;

“(D) the potential for rapid turnover in the ownership of working waterfront in the coastal State, and where applicable the need for coastal States to respond quickly when properties in existing or potential working waterfront areas or public access areas as identified in the working waterfront plan submitted by the coastal State come under threat or become available; and

“(E) the impact of the working waterfront plan approved for the coastal State under subsection (c) on the coastal ecosystem and the users of the coastal ecosystem.

“(4) The Secretary shall approve or reject an application for such a grant within 60 days after receiving an application for the grant.

“(c) Working Waterfront Plans.--

“(1) To be eligible for a grant under subsection (b), a coastal State must submit and have approved by the Secretary a comprehensive working waterfront plan in accordance with this subsection, or be in the process of developing such a plan and have an established working waterfront program at the State or local level, or the Secretary determines that an existing coastal land use plan for that State is in accordance with this subsection.

“(2) Such plan--

“(A) must provide for preservation and expansion of access to coastal waters to persons engaged in commercial fishing, recreational fishing and boating businesses, aquaculture, boatbuilding, or other water-dependent, coastal-related business;

“(B) shall include one or more of--

“(i) an assessment of the economic, social, cultural, and historic value of working waterfront to the coastal State;

“(ii) a description of relevant State and local laws and regulations affecting working waterfront in the geographic areas identified in the working waterfront plan;

“(iii) identification of geographic areas where working waterfronts are currently under threat of conversion to uses incompatible with commercial and recreational fishing, recreational fishing and boating businesses, aquaculture, boatbuilding, or other water-dependent, coastal-related business, and the level of that threat;

“(iv) identification of geographic areas with a historic connection to working waterfronts where working waterfronts are not currently available, and, where appropriate, an assessment of the environmental impacts of any expansion or new development of working waterfronts on the coastal ecosystem;

“(v) identification of other working waterfront needs including improvements to existing working waterfronts and working waterfront areas;

“(vi) a strategic and prioritized plan for the preservation, expansion, and improvement of working waterfronts in the coastal State;

“(vii) for areas identified under clauses (iii), (iv), (v), and (vi), identification of current availability and potential for expansion of public access to coastal waters;

“(viii) a description of the degree of community support for such strategic plan; and

“(ix) a contingency plan for properties that revert to the coastal State pursuant to determinations made by the coastal State under subsection (g)(4)(C);

“(C) may include detailed environmental impacts on working waterfronts, including hazards, sea level rise, inundation exposure, and other resiliency issues;

“(D) may be part of the management program approved under section 306;

“(E) shall utilize to the maximum extent practicable existing information contained in relevant surveys, plans, or other strategies to fulfill the information requirements under this paragraph; and

“(F) shall incorporate the policies and regulations adopted by communities under local working waterfront plans or strategies in existence before the date of the enactment of this section.

“(3) A working waterfront plan--

“(A) shall be effective for purposes of this section for the 5-year period beginning on the date it is approved by the Secretary;

“(B) must be updated and re-approved by the Secretary before the end of such period; and

“(C) shall be complimentary to and incorporate the policies and objectives of regional or local working waterfront plans as in effect before the date of enactment of this section or as subsequently revised.

“(4) The Secretary may--

“(A) award planning grants to coastal States for the purpose of developing or revising comprehensive working waterfront plans; and

“(B) award grants consistent with the purposes of this section to States undertaking the working waterfront planning process under this section, for the purpose of preserving and protecting working waterfronts during such process.

“(5) Any coastal State applying for a working waterfront grant under this title shall--

“(A) develop a working waterfront plan, using a process that involves the public and those with an interest in the coastal zone;

“(B) coordinate development and implementation of such a plan with other coastal management programs, regulations, and activities of the coastal State; and

“(C) if the coastal State allows qualified holders (other than the coastal State) to enter into working waterfront covenants, provide as part of the working waterfront plan under this subsection a mechanism or procedure to ensure that the qualified holders are complying their duties to enforce the working waterfront covenant.

“(d) Uses, Terms, and Conditions.--

“(1) Each grant made by the Secretary under this section shall be subject to such terms and conditions as may be appropriate to ensure that the grant is used for purposes consistent with this section.

“(2) A grant under this section may be used--

“(A) to acquire a working waterfront, or an interest in a working waterfront;

“(B) to make improvements to a working waterfront, including the construction or repair of wharfs, boat ramps, or related facilities; or

“(C) for necessary climate adaptation mitigation.

“(e) Public Access Requirement.--A working waterfront project funded by grants made under this section must provide for expansion, improvement, or preservation of reasonable and appropriate public access to coastal waters at or in the vicinity of a working waterfront, except for commercial fishing or other industrial access points where the coastal State determines that public access would be unsafe.

“(f) Limitations.--

“(1) Except as provided in paragraph (2), a grant awarded under this section may be used to purchase working waterfront or an interest in working waterfront, including an easement, only from a willing seller and at fair market value.

“(2) A grant awarded under this section may be used to acquire working waterfront or an interest in working waterfront at less than fair market value only if the owner certifies to the Secretary that the sale is being entered into willingly and without coercion.

“(3) No Federal, State, or local entity may exercise the power of eminent domain to secure title to any property or facilities in connection with a project carried out under this section.

“(g) Allocation of Grants to Local Governments and Other Entities.--

“(1) The Secretary shall encourage coastal States to broadly allocate amounts received as grants under this section among working waterfronts identified in working waterfront plans approved under subsection (c).

“(2) Subject to the approval of the Secretary, a coastal State may, as part of an approved working waterfront plan, designate as a qualified holder any unit of State or local government or nongovernmental organization, if the coastal State is ultimately responsible for ensuring that the property will be managed in a manner that is consistent with the purposes for which the land entered into the program.

“(3) A coastal State or a qualified holder designated by a coastal State may allocate to a unit of local government, nongovernmental organization, fishing cooperative, or other entity, a portion of any grant made under this section for the purpose of carrying out this section, except that such an allocation shall not relieve the coastal State of the responsibility for ensuring that any funds so allocated are applied in furtherance of the coastal State's approved working waterfront plan.

“(4) A qualified holder may hold title to or interest in property acquired under this section, except that--

“(A) all persons holding title to or interest in working waterfront affected by a grant under this section, including a qualified holder, private citizen, private business, nonprofit organization, fishing cooperative, or other entity, shall enter into a working waterfront covenant;

“(B) such covenant shall be held by the coastal State or a qualified holder designated under paragraph (2);

“(C) if the coastal State determines, on the record after an opportunity for a hearing, that the working waterfront covenant has been violated--

“(i) all right, title, and interest in and to the working waterfront covered by such covenant shall, except as provided in subparagraph (D), revert to the coastal State; and

“(ii) the coastal State shall have the right of immediate entry onto the working waterfront;

“(D) if a coastal State makes a determination under subparagraph (C), the coastal State may convey or authorize the qualified holder to convey the working waterfront or interest in working waterfront to another qualified holder; and

“(E) nothing in this subsection waives any legal requirement under any Federal or State law.

“(h) Matching Contributions.--

“(1) Except as provided in paragraph (2), the Secretary shall require that each coastal State that receives a grant under this section, or a qualified holder designated by that coastal State under subsection (g), shall provide matching funds in an amount equal to at least 25 percent of the total cost of the project carried out with the grant.

“(2) The Secretary may waive the application of paragraph (1) for any qualified holder that is an underserved community, a community that has an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary considers appropriate.

“(3) A local community designated as a qualified holder under subsection (g) may utilize funds or other in-kind contributions donated by a nongovernmental partner to satisfy the matching funds requirement under this subsection.

“(4) As a condition of receipt of a grant under this section, the Secretary shall require that a coastal State provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured.

“(5) If financial assistance under this section represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project. Each portion shall be subject to match requirements under the applicable provision of law.

“(6) The Secretary shall treat as non-Federal match the value of a working waterfront or interest in a working waterfront, including conservation and other easements, that is held in perpetuity by a qualified holder, if the working waterfront or interest is identified in the application for the grant and acquired by the qualified holder within 3 years of the grant award date, or within 3 years after the submission of the application and before the end of the grant award period. Such value shall be determined by an appraisal performed at such time before the award of the grant as the Secretary considers appropriate.

“(7) The Secretary shall treat as non-Federal match the costs associated with acquisition of a working waterfront or an interest in a working waterfront, and the costs of restoration, enhancement, or other improvement to a working waterfront, if the activities are identified in the project application and the costs are incurred within the period of the grant award, or, for working waterfront described in paragraph (6), within the same time limits described in that paragraph. These costs may include either cash or in-kind contributions.

“(i) Limit on Administrative Costs.--No more than 5 percent of the funds made available to the Secretary under this section may be used by the Secretary for planning or administration of the program under this section.

“(j) Other Technical and Financial Assistance.--

“(1) Up to 5 percent of the funds appropriated under this section may be used by the Secretary for purposes of providing technical assistance as described in this subsection.

“(2) The Secretary shall--

“(A) provide technical assistance to coastal States and local governments in identifying and obtaining other sources of available Federal technical and financial assistance for the development and revision of a working waterfront plan and the implementation of an approved working waterfront plan;

“(B) provide technical assistance to States and local governments for the development, implementation, and revision of comprehensive working waterfront plans, which may include, subject to the availability of appropriations, planning grants and assistance, pilot projects, feasibility studies, research, and other projects necessary to further the purposes of this section;

“(C) assist States in developing other tools to protect working waterfronts;

“(D) collect and disseminate to States guidance for best storm water management practices in regards to working waterfronts;

“(E) provide technical assistance to States and local governments on integrating resilience planning into working waterfront preservation efforts; and

“(F) collect and disseminate best practices on working waterfronts and resilience planning.

“(k) Other Requirements.-- All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration or repair work carried out, in whole or in part, with financial assistance made available under this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

“(l) Reports.--

“(1) The Secretary shall--

“(A) develop performance measures to evaluate and report on the effectiveness of the program under this section in accomplishing the purpose of this section; and

“(B) submit to Congress a biennial report that includes such evaluations, an account of all expenditures, and descriptions of all projects carried out using grants awarded under this section.

“(2) The Secretary may submit the biennial report under paragraph (1)(B) by including it in the biennial report required under section 316.

“(m) Definitions.--In this section:

“(1) The term ‘qualified holder' means a coastal State or a unit of local or coastal State government or a non-State organization designated by a coastal State under subsection (g).

“(2) The term ‘Secretary' means the Secretary, acting through the National Oceanic and Atmospheric Administration.

“(3) The term ‘working waterfront' means real property (including support structures over water and other facilities) that provides access to coastal waters to persons engaged in commercial and recreational fishing, recreational fishing and boating businesses, boatbuilding, aquaculture, or other water-dependent, coastal-related business and is used for, or that supports, commercial and recreational fishing, recreational fishing and boating businesses, boatbuilding, aquaculture, or other water-dependent, coastal-related business.

“(4) The term ‘working waterfront covenant' means an agreement in recordable form between the owner of working waterfront and one or more qualified holders, that provides such assurances as the Secretary may require that--

“(A) the title to or interest in the working waterfront will be held by a grant recipient or qualified holder in perpetuity, except as provided in subparagraph (C);

“(B) the working waterfront will be managed in a manner that is consistent with the purposes for which the property is acquired pursuant to this section, and the property will not be converted to any use that is inconsistent with the purpose of this section;

“(C) if the title to or interest in the working waterfront is sold or otherwise exchanged--

“(i) all working waterfront owners and qualified holders involved in such sale or exchange shall accede to such agreement; and

“(ii) funds equal to the fair market value of the working waterfront or interest in working waterfront shall be paid to the Secretary by parties to the sale or exchange, and such funds shall, at the discretion of the Secretary, be paid to the coastal State in which the working waterfront is located for use in the implementation of the working waterfront plan of the State approved by the Secretary under this section; and

“(D) such covenant is subject to enforcement and oversight by the coastal State or by another person as determined appropriate by the Secretary.

“(n) Authorization of Appropriations.--There is authorized to be appropriated to the Grant Program $15,000,000.”.

Subtitle R--Blue Carbon for Our Planet SEC. __28. INTERAGENCY WORKING GROUP.

(a) Establishment.--The National Science and Technology Council Subcommittee on Ocean Science and Technology shall establish an Interagency Working Group on Coastal Blue Carbon.

(b) Purposes.--The Interagency Working Group on Coastal Blue Carbon shall oversee the development of a national map of coastal blue carbon ecosystems, establish national coastal blue carbon ecosystem protection and restoration priorities, assess the biophysical, social, and economic impediments to coastal blue carbon ecosystem restoration, study the effects of climate change, environmental stressors, and human stressors on carbon sequestration rates, and preserve the continuity of coastal blue carbon data.

(c) Membership.--The Interagency Working Group on Coastal Blue Carbon shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the United States Fish and Wildlife Service, the National Park Service, the Bureau of Indian Affairs, the Smithsonian Institution, the Army Corps of Engineers, the Department of Agriculture, the Department of Energy, the Department of Defense, the Department of Transportation, the Department of State, the Federal Emergency Management Agency, and the Council on Environmental Quality.

(d) Chair.--The Interagency Working Group shall be chaired by the Administrator.

(e) Responsibilities.--The Interagency Working Group shall--

(1) oversee the development, update, and maintenance of a national map and inventory of coastal blue carbon ecosystems, including habitat types with a regional focus in analysis that is usable for local level protection planning and restoration;

(2) develop a strategic assessment of the biophysical, chemical, social, statutory, regulatory, and economic impediments to protection and restoration of coastal blue carbon ecosystems;

(3) develop a national strategy for foundational science necessary to study, synthesize, and evaluate the effects of climate change, environmental, and human stressors on sequestration rates and capabilities of coastal blue carbon ecosystems protection;

(4) establish national coastal blue carbon ecosystem protection and restoration priorities, including an assessment of current Federal funding being used for restoration efforts;

(5) ensure the continuity, use, and interoperability of data assets through the Smithsonian Environmental Research Center's Coastal Carbon Data Clearinghouse; and

(6) assess current legal authorities to protect and restore blue carbon ecosystems.

(f) Reports to Congress.--

(1) In general.--Not later than one year after the date of the enactment of this Act, the Interagency Working Group shall provide to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report containing the following:

(A) A summary of federally funded coastal blue carbon ecosystem research, monitoring, preservation, and restoration activities, including the budget for each of these activities and describe the progress in advancing the national priorities established in section __28B(a)(4)(A).

(B) An assessment of biophysical, social, and economic impediments to coastal blue carbon ecosystem restoration, including the vulnerability of coastal blue carbon ecosystems to climate impacts, such as sea-level rise, ocean and coastal acidification, and other environmental and human stressors.

(2) Strategic plan.--

(A) In general.--The Interagency Working group shall create a strategic plan for Federal investments in basic research, development, demonstration, long-term monitoring and stewardship, and deployment of coastal blue carbon ecosystem projects for the 5-year period beginning at the start of the first fiscal year after the date on which the budget assessment is submitted under paragraph (1). The plan shall include an assessment of the use of existing Federal programs to protect and preserve coastal blue carbon ecosystems and identify the need for any additional authorities or programs.

(B) Timing.--The Interagency Working Group shall--

(i) submit the strategic plan under paragraph (A) to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on a date that is not later than one year after the enactment of this Act and not earlier than the date on which the report under paragraph (1) is submitted to such committees of Congress; and

(ii) submit a revised version of such plan not less than quinquennially thereafter.

(C) Federal register.--Not later than 90 days before the strategic plan under this paragraph, or any revision thereof, is submitted under subparagraph (B), the Interagency Working Group shall publish such plan in the Federal Register and provide an opportunity for submission of public comments for a period of not less than 60 days.

SEC. __28A. NATIONAL MAP OF COASTAL BLUE CARBON ECOSYSTEMS.

(a) National Map.--The Interagency Working Group shall--

(1) produce, update at least once every five years, and maintain a national level map and inventory of coastal blue carbon ecosystems, including--

(A) the species and types of habitats and species in the ecosystem;

(B) the condition of such habitats including whether a habitat is degraded, drained, eutrophic, or tidally restricted;

(C) type of public or private ownership and any protected status;

(D) the size of the ecosystem;

(E) the salinity boundaries;

(F) the tidal boundaries;

(G) an assessment of carbon sequestration potential, methane production, and net greenhouse gas reductions including consideration of--

(i) quantification;

(ii) verifiability;

(iii) comparison to a historical baseline, as available; and

(iv) permanence of those benefits;

(H) an assessment of cobenefits of ecosystem and carbon sequestration;

(I) the potential for landward migration as a result of sea level rise;

(J) any upstream restrictions detrimental to the watershed process and conditions such as dams, dikes, and levees;

(K) the conversion of coastal blue carbon ecosystems to other land uses and the cause of such conversion; and

(L) a depiction of the effects of climate change, including sea level rise, environmental stressors, and human stressors on the sequestration rate, carbon storage, and potential of coastal blue carbon ecosystems; and

(2) in carrying out paragraph (1)--

(A) incorporate, to the extent possible, existing data collected through federally funded research and by a Federal agency, State agency, local agency, Tribe, including data collected from the National Oceanic and Atmospheric Administration Coastal Change Analysis Program, U.S. Fish and Wildlife Service National Wetlands Inventory, United States Geological Survey LandCarbon program, Federal Emergency Management Agency LiDAR information coordination and knowledge program, Department of Energy Biological and Environmental Research program, and Department of Agriculture National Coastal Blue Carbon Assessment; and

(B) engage regional technical experts in order to accurately account for regional differences in coastal blue carbon ecosystems.

(b) Use.--The Interagency Working Group shall use the national map and inventory--

(1) to assess the carbon sequestration potential of different coastal blue carbon habitats, and account for any regional differences;

(2) to assess and quantify emissions from degraded and destroyed coastal blue carbon ecosystems;

(3) to develop regional assessments and to provide technical assistance to regional, State, Tribal, and local government agencies, and regional information coordination entities as defined in section 123030(6) of the Integrated Coastal and Ocean Observation System Act (33 U.S.C. 3602);

(4) to assess degraded coastal blue carbon ecosystems and their potential for restoration, including developing scenario modeling to identify vulnerable areas where management, protection, and restoration efforts should be focused;

(5) produce future predictions of coastal blue carbon ecosystems and carbon sequestration rates in the context of climate change, environmental stressors, and human stressors; and

(6) use such map to inform the Administrator of the Environmental Protection Agency's creation of the annual Inventory of U.S. Greenhouse Gas Emissions and Sinks.

SEC. __28B. RESTORATION AND PROTECTIONS FOR EXISTING COASTAL BLUE CARBON ECOSYSTEMS.

(a) In General.--The Administrator shall--

(1) lead the Interagency Working Group in implementing the strategic plan under section __28(f)(2);

(2) coordinate monitoring and research efforts among Federal agencies in cooperation with State, local, and Tribal government and international partners and nongovernmental organizations;

(3) establish a national goal for conserving ocean and coastal blue carbon ecosystems within the territory of the United States, and as appropriate setting targets for restoration of degraded coastal blue carbon ecosystems;

(4) in coordination with the Interagency Working Group and as informed by the report under section __28(f) on current Federal expenditures on coastal blue carbon ecosystem restoration, identify--

(A) national coastal blue carbon ecosystem protection and restoration priorities that would produce the highest rate of carbon sequestration and greatest ecosystem benefits such as flood protection, soil and beach retention, erosion reduction, biodiversity, water purification, and nutrient cycling in the context of other environmental stressors and climate change; and

(B) ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on coastal blue carbon ecosystems through existing and new coastal management networks; and

(5) in coordination with State, local, and Tribal governments and coastal stakeholders, develop integrated pilot programs to restore degraded coastal blue carbon ecosystems in accordance with subsection (b).

(b) Integrated Pilot Programs To Restore and Protect Degraded Coastal Blue Carbon Ecosystems.--In carrying out subsection (a)(5), the Administrator shall--

(1) establish integrated pilot programs that develop best management practices, including design criteria and performance functions for coastal blue carbon ecosystem restoration and protection, nature-based adaptation strategies, restoration areas that intersect with the built environments as green-gray infrastructure projects, management practices for landward progression or migration of coastal blue carbon ecosystems, and identify potential barriers to restoration efforts, and increase long-term carbon sequestration and storage;

(2) ensure that the pilot programs cover geographically and ecologically diverse locations with significant ecological, economic, and social benefits, such as flood protection, soil and beach retention, erosion reduction, biodiversity, water purification, and nutrient cycling to reduce hypoxic conditions, and maximum potential for greenhouse gas emission reduction;

(3) establish a procedure for reviewing applications for the pilot program, taking into account--

(A) quantification;

(B) verifiability;

(C) additionality as compared to a historical baseline, when feasible; and

(D) permanence of those benefits;

(4) ensure, through consultation with the Interagency Working Group, that the goals and metrics for the pilot programs are communicated to the appropriate State, Tribe, and local governments, and to the general public;

(5) coordinate with relevant Federal agencies on the Interagency Working Group to prevent unnecessary duplication of effort among Federal agencies and departments with respect to restoration and protection programs;

(6) give priority to proposed eligible restoration activities that would--

(A) result in long-term protection and sequestration of carbon stored in coastal and marine environments;

(B) protect key habitats for fish, wildlife, and the maintenance of biodiversity;

(C) provide coastal protection from development, storms, flooding, and land-based pollution;

(D) protect coastal resources of national, historical, and cultural significance; and

(E) benefit communities of color, low-income communities, Tribal or Indigenous communities, or rural communities; and

(7) report to the Interagency Working Group, and Committee on Science, Space, and Technology of the House of Representatives, the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on the total number of acres of land or water protected or restored through the program, the status of restoration projects, and the blue carbon sequestration potential of each restoration pilot project.

SEC. __28C. NAS ASSESSMENT OF CONTAINMENT OF CARBON DIOXIDE IN DEEP SEAFLOOR ENVIRONMENT.

Not later than 90 days after the date of the enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academy of Sciences to conduct a comprehensive assessment on the long-term effects of geologic stores of carbon dioxide in a deep seafloor environment, including impacts on marine species and ecosystems.

SEC. __28D. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this subtitle $15,000,000 for each of the fiscal years 2023 through 2027.

SEC. __28E. DEFINITIONS.

In this subtitle:

(1) Administrator.--The term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary's capacity as the Administrator of the National Oceanic and Atmospheric Administration.

(2) Coastal blue carbon ecosystem.--The term “coastal blue carbon ecosystem” refers to vegetated coastal habitats including mangroves, tidal marshes, seagrasses, kelp forests, and other tidal, freshwater, or salt-water wetlands, and their ability to sequester carbon from the atmosphere, accumulate it in biomass for years to decades, and store it in soils for centuries to millennia. Coastal blue carbon ecosystems include both autochthonous carbon and allochthonous carbon.

(3) State.--The term “State” means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory of the United States.

Subtitle S--Eliminate, Neutralize, and Disrupt Wildlife Trafficking Reauthorization and Improvements SEC. __29. SENSE OF CONGRESS.

It is the sense of Congress that--

(1) the United States Government should continue to work with international partners, including nations, nongovernmental organizations, and the private sector, to identify long-standing and emerging areas of concern in wildlife poaching and trafficking related to global supply and demand; and

(2) the activities and required reporting of the Presidential Task Force on Wildlife Trafficking, established by Executive Order No. 13648 (78 Fed. Reg. 40621), and modified by sections 201 and 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and 7631) should be reauthorized to minimize the disruption of the work of such Task Force.

SEC. __29A. DEFINITIONS.

Section 2 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amended--

(1) in paragraph (3), by inserting “involving local communities” after “approach to conservation”;

(2) by amending paragraph (4) to read as follows:

“(4) Country of concern.--The term ‘country of concern' means a foreign country specially designated by the Secretary of State pursuant to section 201(b) as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which--

“(A) the government has actively engaged in, or knowingly profited from, the trafficking of protected species; or

“(B) the government facilitates such trafficking through conduct that may include a persistent failure to make serious and sustained efforts to prevent and prosecute such trafficking.”; and

(3) in paragraph (11), by striking “section 201” and inserting “section 301”.

SEC. __29B. FRAMEWORK FOR INTERAGENCY RESPONSE AND REPORTING.

(a) Reauthorization of Report on Major Wildlife Trafficking Countries.--Section 201 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is amended--

(1) in subsection (a), by striking “annually thereafter” and inserting “biennially thereafter by June 1 of each year in which a report is required”; and

(2) by amending subsection (c) to read as follows:

“(c) Designation.--A country may be designated as a country of concern under subsection (b) regardless of such country's status as a focus country.”.

(b) Presidential Task Force on Wildlife Trafficking Responsibilities.--Section 301(a) of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631(a)) is amended--

(1) in paragraph (4), by striking “and” at the end;

(2) by redesignating paragraph (5) as paragraph (10); and

(3) by inserting after paragraph (4) the following:

“(5) pursue programs and develop a strategy--

“(A) to expand the role of technology for anti-poaching and anti-trafficking efforts, in partnership with the private sector, foreign governments, academia, and nongovernmental organizations (including technology companies and the transportation and logistics sectors); and

“(B) to enable local governments to develop and use such technologies;

“(6) consider programs and initiatives that address the expansion of the illegal wildlife trade to digital platforms, including the use of digital currency and payment platforms for transactions by collaborating with the private sector, academia, and nongovernmental organizations, including social media, e-commerce, and search engine companies, as appropriate;

“(7)(A) establish and publish a procedure for removing from the list in the biennial report any country of concern that no longer meets the definition of country of concern under section 2(4);

“(B) include details about such procedure in the next report required under section 201;

“(8)(A) implement interventions to address the drivers of poaching, trafficking, and demand for illegal wildlife and wildlife products in focus countries and countries of concern;

“(B) set benchmarks for measuring the effectiveness of such interventions; and

“(C) consider alignment and coordination with indicators developed by the Task Force;

“(9) consider additional opportunities to increase coordination between law enforcement and financial institutions to identify trafficking activity; and”.

(c) Presidential Task Force on Wildlife Trafficking Strategic Review.--Section 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631), as amended by subsection (b), is further amended--

(1) in subsection (d)--

(A) in the matter preceding paragraph (1), by striking “annually” and inserting “biennially”;

(B) in paragraph (4), by striking “and” at the end;

(C) in paragraph (5), by striking the period at the end and inserting “; and”; and

(D) by adding at the end the following:

“(6) an analysis of the indicators developed by the Task Force, and recommended by the Government Accountability Office, to track and measure inputs, outputs, law enforcement outcomes, and the market for wildlife products for each focus country listed in the report, including baseline measures, as appropriate, for each indicator in each focus country to determine the effectiveness and appropriateness of such indicators to assess progress and whether additional or separate indicators, or adjustments to indicators, may be necessary for focus countries.”; and

(2) by striking subsection (e).

SEC. __29C. FUNDING SAFEGUARDS.

(a) Procedures for Obtaining Credible Information.--Section 620M(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d(d)) is amended--

(1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; and

(2) by inserting after paragraph (3) the following:

“(4) routinely request and obtain such information from the United States Agency for International Development, the United States Fish and Wildlife Service, and other relevant Federal agencies that partner with international nongovernmental conservation groups;”.

(b) Required Implementation.--The Secretary of State shall implement the procedures established pursuant to section 620M(d) of the Foreign Assistance Act of 1961, as amended by subsection (a), including vetting individuals and units, whenever the United States Agency for International Development, the United States Fish and Wildlife Service, or any other relevant Federal agency that partners with international nongovernmental conservation groups provides assistance to any unit of the security forces of a foreign country.

SEC. __29D. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAFFICKING CIVIL PENALTY ENFORCEMENT ACTIONS.

(a) Endangered Species Act of 1973.--Section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)) is amended by adding at the end the following:

“(7) Issuance of subpoenas.--

“(A) In general.--For the purposes of any inspection or investigation relating to the import into, or the export from, the United States of any fish or wildlife or plants covered under this Act or relating to the delivery, receipt, carrying, transport, shipment, sale, or offer for sale in interstate or foreign commerce of any such fish or wildlife or plants imported into, or exported from, the United States, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation.

“(B) Fees and mileage for witnesses.--A witness summoned under subparagraph (A) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

“(C) Refusal to obey subpoenas.--

“(i) In general.--In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this paragraph, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both.

“(ii) Failure to obey.--Any failure to obey an order issued by a district court of the United States under clause (i) may be punished by that court as a contempt of that court.”.

(b) Lacey Act Amendments of 1981.--Section 6 of the Lacey Act Amendments of 1981 (16 U.S.C. 3375) is amended by adding at the end the following:

“(e) Issuance of Subpoenas.--

“(1) In general.--For the purposes of any inspection or investigation relating to the import into, or the export from, the United States of any fish or wildlife or plants covered under this Act or relating to the transport, sale, receipt, acquisition, or purchase in interstate or foreign commerce of any such fish or wildlife or plants imported into or exported from the United States, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation.

“(2) Fees and mileage for witnesses.--A witness summoned under paragraph (1) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

“(3) Refusal to obey subpoenas.--

“(A) In general.--In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subsection, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both.

“(B) Failure to obey.--Any failure to obey an order issued by a district court of the United States under subparagraph (A) may be punished by that court as a contempt of that court.”.

(c) Bald and Golden Eagle Protection Act.--

(1) Civil penalties.--Subsection (b) of the first section of the Act of June 8, 1940 (commonly known as the “Bald and Golden Eagle Protection Act”) (16 U.S.C. 668(b)), is amended--

(A) by striking “(b) Whoever, within the” and inserting the following:

“(b) Civil Penalties.--

“(1) In general.--Whoever, within the”;

(B) in paragraph (1) (as so designated), in the first sentence, by striking “Secretary” and inserting “Secretary of the Interior (referred to in this subsection as the ‘Secretary')”; and

(C) by adding at the end the following:

“(2) Hearings; issuance of subpoenas.--

“(A) Hearings.--Hearings held during proceedings for the assessment of civil penalties under paragraph (1) shall be conducted in accordance with section 554 of title 5, United States Code.

“(B) Issuance of subpoenas.--

“(i) In general.--For purposes of any hearing held during proceedings for the assessment of civil penalties under paragraph (1), the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths.

“(ii) Fees and mileage for witnesses.--A witness summoned pursuant to clause (i) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

“(iii) Refusal to obey subpoenas.--

“(I) In general.--In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subparagraph, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both.

“(II) Failure to obey.--Any failure to obey an order issued by a court of the United States under subclause (I) may be punished by that court as a contempt of that court.”.

(2) Investigatory subpoenas.--Section 3 of the Act of June 8, 1940 (commonly known as the “Bald and Golden Eagle Protection Act”) (16 U.S.C. 668b), is amended by adding at the end the following:

“(d) Issuance of Subpoenas.--

“(1) In general.--For the purposes of any inspection or investigation relating to the import into or the export from the United States of any bald or golden eagles covered under this Act, or any parts, nests, or eggs of any such bald or golden eagles, the Secretary of the Interior may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation.

“(2) Fees and mileage for witnesses.--A witness summoned under paragraph (1) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

“(3) Refusal to obey subpoenas.--

“(A) In general.--In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subsection, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary of the Interior, to appear and produce documents before the Secretary of the Interior, or both.

“(B) Failure to obey.--Any failure to obey an order issued by a court of the United States under subparagraph (A) may be punished by that court as a contempt of that court.”.

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Senate amendment submitted

September 28, 2022