,,ii #aadth ,,congress #ast ,session ,s4 #bjbe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #aj1 #bjae,mr4 ,whitehouse introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to promote the protection and conservation of ,united ,states ocean1 coastal1 and ,great ,lakes ecosystems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,oceans and ,coastal ,security ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,coastal shoreline county ,the term coastal shoreline county has the meaning given the term by the ,administrator of the ,federal ,emergency ,management ,agency for purposes of administering the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq474 7#b7 ,coastal ,state ,the term coastal ,state has the meaning given the term coastal state in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec74 7#c7 ,corpus ,the term corpus1 with respect to the ,fund1 means an amount equal to the ,federal payments to the ,fund1 amounts contributed to the ,fund from non-,federal sources1 and appreciation from capital gains and reinvestment of income4 7#d7 ,foundation ,the term ,foundation means the ,national ,fish and ,wildlife ,foundation established by section #b7;a7 of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja7;a774 7#e7 ,fund ,the term ,fund means the ,national ,oceans and ,coastal ,security ,fund established under section #d7;a74 7#f7 ,income ,the term income1 with respect to the ,fund1 means an amount equal to the dividends and interest accruing from investments of the corpus of the ,fund4 7#g7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#h7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,commerce4 7#i7 ,tidal shoreline ,the term tidal shoreline has the meaning given that term pursuant to section #ibc4aaj7;c77#b77;i7 of title #ae1 ,code of ,federal ,regulations1 or a similar successor regulation4 #c4 ,purposes and agreements 7a7 ,purposes ,the purposes of this ,act are to protect1 conserve1 and restore the oceans1 coasts1 and ,great ,lakes of the ,united ,states1 ensuring present and future generations will benefit from the full range of ecological1 economic1 social1 and recreational opportunities and services these resources are capable of providing4 7b7 ,agreements ,the ,secretary and the ,foundation may enter into such agreements as may be necessary to carry out the purposes of this ,act4 #d4 ,national ,oceans and ,coastal ,security ,fund 7a7 ,establishment ,the ,secretary and the ,foundation are authorized to establish the ,national ,oceans and ,coastal ,security ,fund as a tax exempt fund to further the purposes of this ,act4 7b7 ,deposits 7#a7 ,in general ,there shall be deposited into the ,fund1 which shall constitute the ,fund's assets amounts as follows3 7,a7 ,amounts appropriated or otherwise made available to carry out this ,act4 7,b7 ,amounts earned through investment under subsection 7c74 7#b7 ,prohibitions on donations from foreign governments ,no amounts donated by a foreign government1 as defined in section #gcdb of title #e1 ,united ,states ,code1 may be deposited into the ,fund4 7c7 ,investments ,the ,foundation shall invest the ,fund corpus and income for the benefit of the ,fund4 7d7 ,requirements ,any amounts received by the ,foundation pursuant to this ,act shall be subject to the provisions of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja et seq471 except the provisions of-- 7#a7 section #d7;e77#a77;,b7 of that ,act 7#af ,u4,s4,c4 #cgjc7;e77#a77;,b772 and 7#b7 section #aj7;a7 of that ,act 7#af ,u4,s4,c4 #cgji7;a774 7e7 ,withdrawals and expenditures 7#a7 ,allocation of funds ,each fiscal year1 the ,foundation shall1 in consultation with the ,secretary1 allocate an amount equal to not less than #c percent and not more than #g percent of the corpus of the ,fund and the income generated from the ,fund from the current fiscal year4 7#b7 ,expenditure ,except as provided in paragraph 7#c71 of the amounts allocated under paragraph 7#a7 for each fiscal year-- 7,a7 at least #ei percent shall be used by the ,foundation to award grants to coastal ,states under section #f7;b72 7,b7 at least #ci percent shall be allocated by the ,foundation to award grants under section #f7;c72 and 7,c7 no more than #b percent may be used by the ,secretary and the ,foundation for administrative expenses to carry out this ,act1 which amount shall be divided between the ,secretary and the ,foundation pursuant to an agreement reached and documented by both the ,secretary and the ,foundation4 7#c7 ,program adjustments 7,a7 ,in general ,in any fiscal year in which the amount described in subparagraph 7,b7 is less than #ajj1jjj1jjj1 the ,foundation1 in consultation with the ,secretary1 may elect not to use any of the amounts allocated under paragraph 7#a7 for that fiscal year to award grants under subsection 7b7 or 7c7 of section #f4 7,b7 ,determination amount ,the amount described in this subparagraph for a fiscal year is the amount that is equal to the sum of-- 7i7 the amount that is #e percent of the corpus of the ,fund2 and 7ii7 the aggregate amount of income the ,foundation expects to be generated from the ,fund in that fiscal year4 7f7 ,recovery of payments ,after notice and an opportunity for a hearing1 the ,secretary is authorized to recover any ,federal payments under this section if the ,foundation-- 7#a7 makes a withdrawal or expenditure of the corpus of the ,fund or the income of the ,fund that is not consistent with the requirements of section #e2 or 7#b7 fails to comply with a procedure1 measure1 method1 or standard established under section #f7;a77#a74 #e4 ,eligible uses 7a7 ,in general ,amounts in the ,fund may be allocated by the ,foundation to support programs and activities intended to protect1 conserve1 and restore ocean and coastal resources and coastal infrastructure1 including baseline scientific research1 ocean observing1 and other programs and activities carried out in coordination with ,federal and ,state departments or agencies1 including the following3 7#a7 ,ocean1 coastal1 and ,great ,lakes restoration and protection1 including efforts to address potential impacts of sea level change1 changes in ocean chemistry1 and changes in ocean temperature4 7#b7 ,restoration1 protection1 or maintenance of living ocean1 coastal1 and ,great ,lakes resources and their habitats4 7#c7 ,planning for and managing coastal development to enhance ecosystem integrity or minimize impacts from sea level change and coastal erosion4 7#d7 ,analyses of current and anticipated impacts of ocean acidification and potential responses4 7#e7 ,projects to address management issues which are regional or interstate in scope4 7#f7 ,efforts that contribute to the understanding of ecological1 economic1 and societal threats faced by changes to the oceans1 coasts1 and ,great ,lakes4 7#g7 ,efforts to better understand the processes that govern the fate and transport of petroleum hydrocarbons released into the marine environment from natural and anthropogenic sources1 including spills and spill response and preparedness technologies4 7#h7 ,efforts to preserve1 protect1 and expand coastal access for persons engaged in water-dependent commercial activities including commercial fishing1 recreational fishing businesses1 aquaculture1 boatbuilding1 or other water-dependent coastal-related businesses4 7#i7 ,efforts to assist coastal ,states in strengthening1 stabilizing1 hardening1 elevating1 relocating1 or otherwise enhancing the resiliency of bridges1 roads1 pedestrian walkways1 and bicycle transportation facilities1 and associated infrastructure1 that are already subject to or face increased future risks of coastal flooding1 coastal erosion1 or sea level change4 7#aj7 ,acquiring property or interests in property if-- 7,a7 the area is located within a coastal shoreline county or adjacent county2 7,b7 the funds made available under this subtitle are used to acquire land or interest in land by purchase1 exchange1 or donation from a willing seller2 7,c7 the ,governor of the ,state in which the property or interests in property are acquired approves of the acquisition2 and 7,d7 such property or interest is acquired in a manner that will ensure such property or interest will be administered to support the purposes of this ,act4 7#aa7 ,protection and relocation of critical coastal public infrastructure affected by erosion or sea level change4 7b7 ,matching requirement ,an amount from the ,fund may not be allocated to fund a project or activity described in paragraph 7#aj7 or 7#aa7 of subsection 7a7 unless non-,federal contributions in an amount equal to #cj percent or more of the cost of such project or activity is made available to carry out such project or activity4 7c7 ,prohibition on use of funds for litigation ,no funds made available under this ,act may be used to fund litigation over any matter4 #f4 ,grants 7a7 ,administration of grants 7#a7 ,in general ,not later than #ij days after funds are deposited into the ,fund and made available to the ,foundation for administrative purposes1 the ,foundation shall establish the following3 7,a7 ,application and review procedures for the awarding of grants under this section1 including requirements ensuring that any amounts awarded under such subsections may only be used for an eligible use described under section #e4 7,b7 ,selection procedures and criteria for the awarding of grants under this section that-- 7i7 require consultation with the ,secretary and the ,secretary of the ,interior2 and 7ii7 prioritize projects where non-,federal partners have committed to share the cost of the project4 7,c7 ,eligibility criteria for awarding grants-- 7i7 under subsection 7b7 to coastal ,states2 and 7ii7 under subsection 7c7 to entities including ,states1 ,indian tribes1 regional bodies1 associations1 non-governmental organizations1 and academic institutions4 7,d7 ,performance accountability and monitoring measures for programs and activities funded by a grant awarded under subsection 7b7 or 7c74 7,e7 ,procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under this section1 including standards of recordkeeping4 7,f7 ,procedures to carry out audits of the ,fund as necessary1 but not less frequently than once every #e years4 7,g7 ,procedures to carry out audits of the recipients of grants under this section4 7,h7 ,procedures to make publicly available on the ,internet a list of all projects funded by the ,fund1 that includes at a minimum the grant recipient1 grant amount1 project description1 and project status4 7#b7 ,approval ,the ,foundation shall submit to the ,secretary for approval each procedure1 measure1 method1 and standard established under paragraph 7#a74 7b7 ,grants to coastal ,states 7#a7 ,in general ,subject to paragraph 7#c71 the ,foundation shall award grants of amounts allocated under section #d7;e77#b77;,a7 to eligible coastal ,states that have a coastal management program approved under the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq471 based on the following formula3 7,a7 ,fifty percent of the funds are allocated equally among such coastal ,states4 7,b7 ,twenty-five percent of the funds are allocated on the basis of the ratio of tidal shoreline miles in a coastal ,state to the tidal shoreline miles of all coastal ,states4 7,c7 ,twenty-five percent of the funds are allocated on the basis of the ratio of population density of the coastal shoreline counties of a coastal ,state to the population density of all coastal shoreline counties4 7#b7 ,eligible coastal ,state defined ,in this subsection1 the term eligible coastal ,state means-- 7,a7 a coastal ,state that has a coastal management program approved under the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq472 or 7,b7 during the period beginning on the date of the enactment of this ,act and ending on ,december #ca1 #bjah1 a coastal ,state that had1 during the period beginning ,january #a1 #bjjh1 and ending on the date of the enactment of this ,act1 a coastal management program approved under the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq474 7#c7 ,maximum allocation to ,states ,notwithstanding paragraph 7#a71 not more than #aj percent of the total funds distributed under this subsection may be allocated to any single ,state4 ,any amount exceeding this limit shall be redistributed among the remaining eligible coastal ,states according to the formula established under paragraph 7#a74 7#d7 ,maximum allocation to certain geographic areas 7,a7 ,in general ,notwithstanding paragraph 7#a71 each geographic area described in subparagraph 7,b7 may not receive more than #a percent of the total funds distributed under this subsection4 ,any amount exceeding this limit shall be redistributed among the remaining eligible coastal ,states according to the formula established under paragraph 7#a74 7,b7 ,geographic areas described ,the geographic areas described in this subparagraph are the following3 7i7 ,american ,samoa4 7ii7 ,the ,commonwealth of the ,northern ,mariana ,islands4 7iii7 ,guam4 7iv7 ,puerto ,rico4 7v7 ,the ,virgin ,islands4 7#e7 ,requirement to submit plans 7,a7 ,in general ,to be eligible to receive a grant under this subsection1 a coastal ,state shall submit to the ,secretary1 and the ,secretary shall review for approval1 a #e-year plan1 which shall include the following3 7i7 ,criteria to determine eligibility for entities which may receive grants under this subsection4 7ii7 ,a description of the competitive process the coastal ,state will use in allocating funds received from the ,fund1 except in the case of allocating funds under paragraph 7#g71 which shall include-- 7,i7 a description of the relative roles in the ,state competitive process of the ,state coastal zone management program approved under the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 and any ,state ,sea ,grant ,program2 and 7,,ii7 a demonstration that such competitive process is consistent with the application and review procedures established by the ,foundation under subsection 7a77#a74 7iii7 ,a process to certify that the project or program and the awarding of a contract for the expenditure of amounts received under this paragraph are consistent with the standard procurement rules and regulations governing a comparable project or program in that ,state1 including all applicable competitive bidding and audit requirements4 7iv7 ,procedures to make publicly available on the ,internet a list4 7,b7 ,updates ,as a condition of receiving a grant under this subsection1 a coastal ,state shall submit to the ,secretary1 not less frequently than once every #e years1 an update to the plan submitted by the coastal ,state under subparagraph 7,a7 for the #e-year period immediately following the most recent submittal under this paragraph4 7#f7 ,opportunity for public comment ,in determining whether to approve a plan or an update to a plan described in subparagraph 7,a7 or 7,b7 of paragraph 7#e71 the ,secretary shall provide the opportunity for1 and take into consideration1 public input and comment on the plan4 7#g7 ,indian tribes ,as a condition on receipt of a grant under this subsection1 a ,state that receives a grant under this subsection shall ensure that ,indian tribes in the ,state are eligible to participate in the competitive process described in the ,state's plan under paragraph 7#e77;,a77ii74 7c7 ,national grants for oceans1 coasts1 and ,great ,lakes 7#a7 ,in general ,the ,foundation may use amounts allocated under section #d7;e77#b77;,b7 to award grants according to the procedures established in subsection 7a7 to support activities consistent with section #e4 7#b7 ,advisory panel 7,a7 ,in general ,the ,foundation shall establish an advisory panel to conduct reviews of applications for grants under paragraph 7#a7 and the ,foundation shall consider the recommendations of the advisory panel with respect to such applications4 7,b7 ,membership ,the advisory panel established under subparagraph 7,a7 shall include persons representing-- 7i7 dependent industries2 7ii7 geographic regions2 7iii7 nonprofit organizations2 and 7iv7 academic institutions4 #g4 ,annual report 7a7 ,requirement for annual report ,subject to subsection 7c71 beginning with fiscal year #bjag1 not later than #fj days after the end of each fiscal year1 the ,foundation shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the operation of the ,fund during that fiscal year4 7b7 ,content ,each annual report submitted under subsection 7a7 for a fiscal year shall include-- 7#a7 a full and complete statement of the receipts1 including the source of all receipts1 expenditures1 and investments of the ,fund2 7#b7 a statement of the amounts deposited in the ,fund and the balance remaining in the ,fund at the end of the fiscal year2 and 7#c7 a description of the expenditures made from the ,fund for the fiscal year1 including the purpose of the expenditures4 7c7 ,exception for certain years ,for any fiscal year in which the amount described in section #d7;e77#c77;,b7 is less than #ajj1jjj1jjj1 the ,foundation1 in consultation with the ,secretary1 may elect not to submit an annual report under this section for such fiscal year4 #h4 ,funding 7a7 ,outer continental shelf lease revenue ,section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7 is amended by adding at the end the following3 7q7 ,deposits in the ,national ,oceans and ,coastal ,security ,fund 7#a7 ,in general ,beginning with the first fiscal year beginning after the date of the enactment of the ,national ,oceans and ,coastal ,security ,act1 the ,secretary shall deposit #ab4e percent of the revenue paid to the ,united ,states under this section in the ,national ,oceans and ,coastal ,security ,fund established pursuant to section #d of that ,act4 7#b7 ,fines collected for violations of ,federal law 7,a7 ,in general ,beginning with the first fiscal year beginning after the date of the enactment of the ,national ,oceans and ,coastal ,security ,act1 the ,president shall ensure that #aj percent of the civil penalties paid to the ,united ,states for a violation of a law set out under subparagraph 7,b7 or for a violation of any requirement or prohibition of any rule1 order1 or permit promulgated1 issued1 or approved under such a law that occurs on the outer ,continental ,shelf are deposited in the ,national ,oceans and ,coastal ,security ,fund4 7,b7 ,laws ,the laws set out under this subparagraph are the following3 7i7 ,the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 other than penalties provided for under section #caa of such ,act 7#cc ,u4,s4,c4 #acba74 7ii7 ,the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7iii7 ,chapter #fja of title #di1 ,united ,states ,code4 7iv7 ,the ,act of ,march #c1 #ahii 7#cj ,stat4 #aaea1 chapter #dbe2 #cc ,u4,s4,c4 #dja et seq474 4