#aafth ,,congress #ast ,session ,h4 ,r4 #gbi ,,an ,,act ,to amend the ,coastal ,zone ,management ,act of #aigb to authorize grants to ,indian ,tribes to further achievement of ,tribal coastal zone objectives1 and for other purposes4 #a4 ,front matter 7a7 ,short title ,this ,act may be cited as the ,coastal and ,great ,lakes ,communities ,enhancement ,act4 7b7 ,determination of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 7c7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,front matter4 ,title ,i--,coastal ,resilience and ,economic ,enhancement ,sec4 #aja4 ,grants to further achievement of ,tribal coastal zone objectives4 ,sec4 #ajb4 ,living ,shoreline ,grant ,program4 ,sec4 #ajc4 ,working ,waterfronts ,grant ,program4 ,sec4 #ajd4 ,working ,waterfronts ,preservation ,fund2 grants4 ,sec4 #aje4 ,eligibility of ,district of ,columbia for ,federal funding under the ,coastal ,zone ,management ,act of #aigb4 ,sec4 #ajf4 ,climate change preparedness in the coastal zone4 ,sec4 #ajg4 ,update to environmental sensitivity index products of ,national ,oceanic and ,atmospheric ,administration for ,great ,lakes4 ,sec4 #ajh4 ,prize competitions4 ,sec4 #aji4 ,catalog of research on applicable coastal risk reduction and resilience measures4 ,title ,,ii--,fishery ,research and ,conservation ,subtitle ,a--,national ,fish ,habitat ,conservation ,through ,partnerships ,sec4 #bja4 ,purpose4 ,sec4 #bjb4 ,definitions4 ,sec4 #bjc4 ,national ,fish ,habitat ,board4 ,sec4 #bjd4 ,fish ,habitat ,partnerships4 ,sec4 #bje4 ,fish ,habitat ,conservation ,projects4 ,sec4 #bjf4 ,technical and scientific assistance4 ,sec4 #bjg4 ,coordination with ,states and ,indian ,tribes4 ,sec4 #bjh4 ,interagency ,operational ,plan4 ,sec4 #bji4 ,accountability and reporting4 ,sec4 #baj4 ,effect of this subtitle4 ,sec4 #baa4 ,nonapplicability of ,federal ,advisory ,committee ,act4 ,sec4 #bab4 ,funding4 ,sec4 #bac4 ,prohibition against implementation of regulatory authority by ,federal agencies through ,partnerships4 ,subtitle ,b--,great ,lakes ,fishery ,research ,authorization ,sec4 #bba4 ,definitions4 ,sec4 #bbb4 ,findings4 ,sec4 #bbc4 ,great ,lakes monitoring1 assessment1 science1 and research4 ,sec4 #bbd4 ,authorization of appropriations4 ,subtitle ,c--,chesapeake ,bay ,oyster ,research ,sec4 #bca4 ,sense of ,congress4 ,sec4 #bcb4 ,grants for researching oysters in the ,chesapeake ,bay4 ,title ,,iii--,meeting #bast ,century ,ocean and ,coastal ,data ,needs ,subtitle ,a--,digital ,coast ,sec4 #cja4 ,findings4 ,sec4 #cjb4 ,definitions4 ,sec4 #cjc4 ,establishment of the ,digital ,coast4 ,subtitle ,b--,integrated ,coastal and ,ocean ,observation ,system ,sec4 #caa4 ,staggered terms for ,national ,integrated ,coastal and ,ocean ,observation ,system ,advisory ,committee4 ,sec4 #cab4 ,integrated coastal and ocean observation system cooperative agreements4 ,sec4 #cac4 ,reauthorization of ,integrated ,coastal and ,ocean ,observation ,system ,act of #bjji4 ,sec4 #cad4 ,advanced ,research ,projects ,agency-,oceans4 ,title ,,iv--,national ,sea ,grant ,college ,program ,amendments ,sec4 #dja4 ,references to the ,national ,sea ,grant ,college ,program ,act4 ,sec4 #djb4 ,modification of ,dean ,john ,a4 ,knauss ,marine ,policy ,fellowship4 ,sec4 #djc4 ,modification of authority of ,secretary of ,commerce to accept donations for ,national ,sea ,grant ,college ,program4 ,sec4 #djd4 ,repeal of requirement for report on coordination of oceans and coastal research activities4 ,sec4 #dje4 ,reduction in frequency required for ,national ,sea ,grant ,advisory ,board report4 ,sec4 #djf4 ,modification of elements of ,national ,sea ,grant ,college ,program4 ,sec4 #djg4 ,direct hire authority2 ,dean ,john ,a4 ,knauss ,marine ,policy ,fellowship4 ,sec4 #djh4 ,authorization of appropriations for ,national ,sea ,grant ,college ,program4 ,sec4 #dji4 ,technical corrections4 ,i ,coastal ,resilience and ,economic ,enhancement #aja4 ,grants to further achievement of ,tribal coastal zone objectives 7a7 ,grants authorized ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is amended by adding at the end the following3 #cbj4 ,grants to further achievement of ,tribal coastal zone objectives 7a7 ,grants authorized ,the ,secretary may award competitive grants to ,indian ,tribes to further achievement of the objectives of such a ,tribe for its ,tribal coastal zone4 7b7 ,cost share 7#a7 ,in general ,the ,federal share of the cost of any activity carried out with a grant under this section shall be-- 7,a7 in the case of a grant of less than #bjj1jjj1 #ajj percent of such cost2 and 7,b7 in the case of a grant of #bjj1jjj or more1 #ie percent of such cost1 except as provided in paragraph 7#b74 7#b7 ,waiver ,the ,secretary may waive the application of paragraph 7#a77;,b7 with respect to a grant to an ,indian ,tribe1 or otherwise reduce the portion of the share of the cost of an activity required to be paid by an ,indian ,tribe under such paragraph1 if the ,secretary determines that the ,tribe does not have sufficient funds to pay such portion4 7c7 ,compatibility ,the ,secretary may not award a grant under this section unless the ,secretary determines that the activities to be carried out with the grant are compatible with this title and that the grantee has consulted with the affected coastal state regarding the grant objectives and purposes4 7d7 ,authorized objectives and purposes ,amounts awarded as a grant under this section shall be used for one or more of the objectives and purposes authorized under subsections 7b7 and 7c71 respectively1 of section #cjf;,a4 7e7 ,funding ,of amounts appropriated to carry out this ,act1 #e1jjj1jjj is authorized to carry out this section for each fiscal year4 7f7 ,definitions ,in this section3 7#a7 ,indian land ,the term ,indian land has the meaning that term has under section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 7#b7 ,indian ,tribe ,the term ,indian ,tribe means an ,indian tribe1 as that term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,tribal coastal zone ,the term ,tribal coastal zone means any ,indian land of an ,indian ,tribe that is within the coastal zone4 7#d7 ,tribal coastal zone objective ,the term ,tribal coastal zone objective means1 with respect to an ,indian ,tribe1 any of the following objectives3 7,a7 ,protection1 restoration1 or preservation of areas in the ,tribal coastal zone of such ,tribe that hold-- 7i7 important ecological1 cultural1 or sacred significance for such ,tribe2 or 7ii7 traditional1 historic1 and esthetic values essential to such ,tribe4 7,b7 ,preparing and implementing a special area management plan and technical planning for important coastal areas4 7,c7 ,any coastal or shoreline stabilization measure1 including any mitigation measure1 for the purpose of public safety1 public access1 or cultural or historical preservation4 4 7b7 ,guidance ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,commerce shall issue guidance for the program established under the amendment made by subsection 7a71 including the criteria for awarding grants under such program based on consultation with ,indian ,tribes 7as that term is defined in that amendment74 7c7 ,use of ,state grants ,to fulfill ,tribal objectives ,section #cjf;,a7c77#b7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adee;a7c77#b77 is amended by striking and after the semicolon at the end of subparagraph 7,d71 by striking the period at the end of subparagraph 7,e7 and inserting 2 and1 and by adding at the end the following3 7,f7 fulfilling any ,tribal coastal zone objective 7as that term is defined in section #cbj74 4 7d7 ,other programs not affected ,nothing in this section shall be construed to affect the ability of an ,indian ,tribe to apply for1 receive assistance under1 or participate in any program authorized by the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 or other related ,federal laws4 #ajb4 ,living ,shoreline ,grant ,program 7a7 ,establishment ,the ,administrator shall make grants to eligible entities for purposes of-- 7#a7 designing and implementing large- and small-scale1 climate-resilient living shoreline projects2 and 7#b7 applying innovative uses of natural materials and systems to protect coastal communities1 habitats1 and natural system functions4 7b7 ,project proposals ,to be eligible to receive a grant under this section1 an eligible entity shall-- 7#a7 submit to the ,administrator a proposal for a living shoreline project1 including monitoring1 data collection1 and measurable performance criteria with respect to the project2 7#b7 demonstrate to the ,administrator that the entity has any permits or other authorizations from local1 ,state1 and ,federal government agencies necessary to carry out the living shoreline project or provide evidence demonstrating general support from such agencies2 and 7#c7 include an outreach or education component that seeks and solicits feedback from the local or regional community most directly affected by the proposal4 7c7 ,project selection 7#a7 ,development of criteria ,the ,administrator shall select eligible entities to receive grants under this section based on criteria developed by the ,administrator1 in consultation with relevant offices of the ,national ,oceanic and ,atmospheric ,administration1 such as the ,office of ,habitat ,conservation1 the ,office for ,coastal ,management1 and the ,restoration ,center4 7#b7 ,considerations ,in developing criteria under paragraph 7#a7 to evaluate a proposed living shoreline project1 the ,administrator shall take into account-- 7,a7 the potential of the project to protect the community and maintain the viability of the environment1 such as through protection of ecosystem functions1 environmental benefits1 or habitat types1 in the area where the project is to be carried out2 7,b7 the historic and future environmental conditions of the project site1 particularly those environmental conditions affected by climate change2 7,c7 the ecological benefits of the project2 7,d7 the ability of the entity proposing the project to demonstrate the potential of the project to protect the coastal community where the project is to be carried out1 including through-- 7i7 mitigating the effects of erosion2 7ii7 attenuating the impact of coastal storms and storm surge2 7iii7 mitigating shoreline flooding2 7iv7 mitigating the effects of sea level rise1 accelerated land loss1 and extreme tides2 7v7 sustaining1 protecting1 or restoring the functions and habitats of coastal ecosystems2 or 7vi7 such other forms of coastal protection as the ,administrator considers appropriate2 and 7,e7 the potential of the project to support resiliency at a military installation or community infrastructure supportive of a military installation 7as such terms are defined in section #bcia of title #aj1 ,united ,states ,code74 7#c7 ,priority ,in selecting living shoreline projects to receive grants under this section1 the ,administrator shall give priority consideration to a proposed project to be conducted in an area-- 7,a7 for which the ,president has declared1 during the #aj-year period preceding the submission of the proposal for the project under subsection 7b71 that a major disaster exists pursuant to section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 because of a hurricane1 tropical storm1 coastal storm1 or flooding2 7,b7 that has a documented history of coastal erosion or frequent coastal inundation during that #aj-year period2 or 7,c7 which include communities that may not have adequate resources to prepare for or respond to coastal hazards1 including low income communities1 communities of color1 ,tribal communities1 and rural communities4 7#d7 ,minimum standards 7,a7 ,in general ,the ,administrator shall develop minimum standards to be used in selecting eligible entities to receive grants under this section1 taking into account-- 7i7 the considerations described in paragraph 7#b72 7ii7 the need for such standards to be general enough to accommodate concerns relating to specific project sites2 and 7iii7 the consideration of an established eligible entity program with systems to disburse funding from a single grant to support multiple small-scale projects4 7,b7 ,consultations ,in developing standards under subparagraph 7,a71 the ,administrator-- 7i7 shall consult with relevant offices of the ,national ,oceanic and ,atmospheric ,administration1 such as the ,office of ,habitat ,conservation1 the ,office for ,coastal ,management1 and the ,restoration ,center2 and 7ii7 may consult with-- 7,i7 relevant interagency councils1 such as the ,estuary ,habitat ,restoration ,council2 7,,ii7 ,tribes and ,tribal organizations2 7,,iii7 ,state coastal management agencies2 and 7,,iv7 relevant nongovernmental organizations4 7d7 ,use of funds ,a grant awarded under this section to an eligible entity to carry out a living shoreline project may be used by the eligible entity only-- 7#a7 to carry out the project1 including administration1 design1 permitting1 entry into negotiated indirect cost rate agreements1 and construction2 7#b7 to monitor1 collect1 and report data on the performance 7including performance over time7 of the project1 in accordance with standards issued by the ,administrator under subsection 7f77#b72 and 7#c7 to incentivize landowners to engage in living shoreline projects4 7e7 ,cost-,sharing 7#a7 ,in general ,except as provided in paragraph 7#b71 an eligible entity that receives a grant under this section to carry out a living shoreline project shall provide1 from non-,federal sources1 funds or other resources 7such as land or conservation easements or in-kind matching from private entities7 valued at not less than #ej percent of the total cost1 including administrative costs1 of the project4 7#b7 ,reduced matching requirement for certain communities ,the ,administrator may reduce or waive the matching requirement under paragraph 7#a7 for an eligible entity representing a community or nonprofit organization if-- 7,a7 the eligible entity submits to the ,administrator in writing-- 7i7 a request for such a reduction and the amount of the reduction2 and 7ii7 a justification for why the entity cannot meet the matching requirement2 and 7,b7 the ,administrator agrees with the justification4 7f7 ,monitoring and reporting 7#a7 ,in general ,the ,administrator shall require each eligible entity receiving a grant under this section 7or a representative of the entity7 to carry out a living shoreline project-- 7,a7 to transmit to the ,administrator data collected under the project2 7,b7 to monitor the project and to collect data on-- 7i7 the ecological benefits of the project and the protection provided by the project for the coastal community where the project is carried out1 including through-- 7,i7 mitigating the effects of erosion2 7,,ii7 attenuating the impact of coastal storms and storm surge2 7,,iii7 mitigating shoreline flooding2 7,,iv7 mitigating the effects of sea level rise1 accelerated land loss1 and extreme tides2 7,v7 sustaining1 protecting1 or restoring the functions and habitats of coastal ecosystems2 or 7,,vi7 such other forms of coastal protection as the ,administrator considers appropriate2 and 7ii7 the performance of the project in providing such protection2 7,c7 to make data collected under the project available on a publicly accessible internet website of the ,national ,oceanic and ,atmospheric ,administration2 and 7,d7 not later than #a year after the entity receives the grant1 and annually thereafter until the completion of the project1 to submit to the ,administrator a report on-- 7i7 the measures described in subparagraph 7,b72 and 7ii7 the effectiveness of the project in increasing protection of the coastal community where the project is carried out through living shorelines techniques1 including-- 7,i7 a description of-- 7aa7 the project2 7bb7 the activities carried out under the project2 and 7cc7 the techniques and materials used in carrying out the project2 and 7,,ii7 data on the performance of the project in providing protection to that coastal community4 7#b7 ,guidelines ,in developing guidelines relating to paragraph 7#a77;,c71 the ,administrator shall consider how additional data could safely be collected before and after major disasters or severe weather events to measure project performance and project recovery4 7#c7 ,standards 7,a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,administrator shall1 in consultation with relevant offices of the ,national ,oceanic and ,atmospheric ,administration1 relevant interagency councils1 and relevant nongovernmental organizations1 issue standards for the monitoring1 collection1 and reporting under subsection 7d77#b7 of data regarding the performance of living shoreline projects for which grants are awarded under this section4 7,b7 ,reporting ,the standards issued under subparagraph 7,a7 shall require an eligible entity receiving a grant under this section to report the data described in that subparagraph to the ,administrator on a regular basis4 7g7 ,authorization of appropriations ,there are authorized to be appropriated #ej1jjj1jjj to the ,administrator for each of fiscal years #bjbj through #bjbe for purposes of carrying out this section4 7h7 ,minimum required funds for shoreline projects located within the ,great ,lakes ,the ,secretary shall make not less than #aj percent of the funds awarded under this section to projects located in the ,great ,lakes4 7i7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,eligible entity ,the term eligible entity means any of the following3 7,a7 ,a unit of a ,state or local government4 7,b7 ,an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that is exempt from taxation under section #eja7;a7 of such ,code4 7,c7 ,an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 7#c7 ,living shoreline project ,the term living shoreline project-- 7,a7 means a project that-- 7i7 restores or stabilizes a shoreline1 including marshes1 wetlands1 and other vegetated areas that are part of the shoreline ecosystem1 by using natural materials and systems to create buffers to attenuate the impact of coastal storms1 currents1 flooding1 and wave energy and to prevent or minimize shoreline erosion while supporting coastal ecosystems and habitats2 7ii7 incorporates as many natural elements as possible1 such as native wetlands1 submerged aquatic plants1 corals1 oyster shells1 native grasses1 shrubs1 or trees2 7iii7 utilizes techniques that incorporate ecological and coastal engineering principles in shoreline stabilization2 and 7iv7 to the extent possible1 maintains or restores existing natural slopes and connections between uplands and adjacent wetlands or surface waters2 7,b7 may include the use of-- 7i7 natural elements1 such as sand1 wetland plants1 logs1 oysters or other shellfish1 submerged aquatic vegetation1 corals1 native grasses1 shrubs1 trees1 or coir fiber logs2 7ii7 project elements that provide ecological benefits to coastal ecosystems and habitats in addition to shoreline protection2 and 7iii7 structural materials1 such as stone1 concrete1 wood1 vinyl1 oyster domes1 or other approved engineered structures in combination with natural materials2 and 7,c7 may include a project that expands upon or restores natural living shorelines or existing living shoreline projects4 7#d7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 #ajc4 ,working ,waterfronts ,grant ,program ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is amended by adding at the end the following3 #cba4 ,working ,waterfronts ,grant ,program 7a7 ,working waterfront task force 7#a7 ,establishment and functions ,the ,secretary of ,commerce shall establish a task force to work directly with coastal ,states1 user groups1 and coastal stakeholders to identify and address critical needs with respect to working waterfronts4 7#b7 ,membership ,the members of the task force shall be appointed by the ,secretary of ,commerce1 and shall include-- 7,a7 experts in the unique economic1 social1 cultural1 ecological1 geographic1 and resource concerns of working waterfronts2 and 7,b7 representatives from the ,national ,oceanic and ,atmospheric ,administration's ,office of ,coastal ,management1 the ,united ,states ,fish and ,wildlife ,service1 the ,department of ,agriculture1 the ,environmental ,protection ,agency1 the ,united ,states ,geological ,survey1 the ,navy1 the ,national ,marine ,fisheries ,service1 the ,economic ,development ,agency1 and such other ,federal agencies as the ,secretary considers appropriate4 7#c7 ,functions ,the task force shall-- 7,a7 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 #cjf1 in the areas of-- 7i7 economic and cultural importance of working waterfronts to communities2 7ii7 changing environments and threats working waterfronts face from environment changes1 trade barriers1 sea level rise1 extreme weather events1 ocean acidification1 and harmful algal blooms2 and 7iii7 identifying working waterfronts and highlighting them within communities2 7,b7 outline options1 in coordination with coastal ,states and local stakeholders1 to address such critical needs1 including adaptation and mitigation where applicable2 7,c7 identify ,federal agencies that are responsible under existing law for addressing such critical needs2 and 7,d7 recommend ,federal agencies best suited to address any critical needs for which no agency is responsible under existing law4 7#d7 ,information to be considered ,in identifying and prioritizing policy gaps pursuant to paragraph 7#c71 the task force shall consider the findings and recommendations contained in section ,,vi of the report entitled ,the ,sustainable ,working ,waterfronts ,toolkit3 ,final ,report1 dated ,march #bjac4 7#e7 ,report ,not later than #ah months after the date of the enactment of this section1 the task force shall submit a report to ,congress on its findings4 7#f7 ,implementation ,the head of each ,federal agency identified in the report pursuant to paragraph 7#c77;,c7 shall take such action as is necessary to implement the recommendations contained in the report by not later than #a year after the date of the issuance of the report4 7b7 ,working ,waterfront ,grant ,program 7#a7 ,the ,secretary shall establish a ,working ,waterfront ,grant ,program1 in cooperation with appropriate ,state1 regional1 and other units of government1 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 7c74 7#b7 ,subject to the availability of appropriations1 the ,secretary shall award matching grants under the ,working ,waterfronts ,grant ,program to coastal ,states with approved working waterfront plans through a regionally equitable1 competitive funding process in accordance with the following3 7,a7 ,the ,governor1 or the lead agency designated by the ,governor for coordinating the implementation of this section1 where appropriate in consultation with the appropriate local government1 shall determine that the application is consistent with the ,state's or territory's approved coastal zone plan1 program1 and policies prior to submission to the ,secretary4 7,b7 ,in developing guidelines under this section1 the ,secretary shall consult with coastal ,states1 other ,federal agencies1 and other interested stakeholders with expertise in working waterfront planning4 7,c7 ,coastal ,states may allocate grants to local governments1 agencies1 or nongovernmental organizations eligible for assistance under this section4 7#c7 ,in awarding a grant to a coastal ,state1 the ,secretary shall consider-- 7,a7 the economic1 cultural1 and historical significance of working waterfront to the coastal ,state2 7,b7 the demonstrated working waterfront needs of the coastal ,state as outlined by a working waterfront plan approved for the coastal ,state under subsection 7c71 and the value of the proposed project for the implementation of such plan2 7,c7 the ability to successfully leverage funds among participating entities1 including ,federal programs1 regional organizations1 ,state and other government units1 landowners1 corporations1 or private organizations2 7,d7 the potential for rapid turnover in the ownership of working waterfront in the coastal ,state1 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 available2 and 7,e7 the impact of the working waterfront plan approved for the coastal ,state under subsection 7c7 on the coastal ecosystem and the users of the coastal ecosystem4 7#d7 ,the ,secretary shall approve or reject an application for such a grant within #fj days after receiving an application for the grant4 7c7 ,working waterfront plans 7#a7 ,to be eligible for a grant under subsection 7b71 a coastal ,state must submit and have approved by the ,secretary a comprehensive working waterfront plan in accordance with this subsection1 or be in the process of developing such a plan and have an established working waterfront program at the ,state or local level1 or the ,secretary determines that an existing coastal land use plan for that ,state is in accordance with this subsection4 7#b7 ,such plan-- 7,a7 must provide for preservation and expansion of access to coastal waters to persons engaged in commercial fishing1 recreational fishing and boating businesses1 aquaculture1 boatbuilding1 or other water-dependent1 coastal-related business2 7,b7 shall include one or more of-- 7i7 an assessment of the economic1 social1 cultural1 and historic value of working waterfront to the coastal ,state2 7ii7 a description of relevant ,state and local laws and regulations affecting working waterfront in the geographic areas identified in the working waterfront plan2 7iii7 identification of geographic areas where working waterfronts are currently under threat of conversion to uses incompatible with commercial and recreational fishing1 recreational fishing and boating businesses1 aquaculture1 boatbuilding1 or other water-dependent1 coastal-related business1 and the level of that threat2 7iv7 identification of geographic areas with a historic connection to working waterfronts where working waterfronts are not currently available1 and1 where appropriate1 an assessment of the environmental impacts of any expansion or new development of working waterfronts on the coastal ecosystem2 7v7 identification of other working waterfront needs including improvements to existing working waterfronts and working waterfront areas2 7vi7 a strategic and prioritized plan for the preservation1 expansion1 and improvement of working waterfronts in the coastal ,state2 7vii7 for areas identified under clauses 7iii71 7iv71 7v71 and 7vi71 identification of current availability and potential for expansion of public access to coastal waters2 7viii7 a description of the degree of community support for such strategic plan2 and 7ix7 a contingency plan for properties that revert to the coastal ,state pursuant to determinations made by the coastal ,state under subsection 7g77#d77;,c72 7,c7 may include detailed environmental impacts on working waterfronts1 including hazards1 sea level rise1 inundation exposure1 and other resiliency issues2 7,d7 may be part of the management program approved under section #cjf2 7,e7 shall utilize to the maximum extent practicable existing information contained in relevant surveys1 plans1 or other strategies to fulfill the information requirements under this paragraph2 and 7,f7 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 section4 7#c7 ,a working waterfront plan-- 7,a7 shall be effective for purposes of this section for the #e-year period beginning on the date it is approved by the ,secretary2 7,b7 must be updated and re-approved by the ,secretary before the end of such period2 and 7,c7 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 revised4 7#d7 ,the ,secretary may-- 7,a7 award planning grants to coastal ,states for the purpose of developing or revising comprehensive working waterfront plans2 and 7,b7 award grants consistent with the purposes of this section to ,states undertaking the working waterfront planning process under this section1 for the purpose of preserving and protecting working waterfronts during such process4 7#e7 ,any coastal ,state applying for a working waterfront grant under this title shall-- 7,a7 develop a working waterfront plan1 using a process that involves the public and those with an interest in the coastal zone2 7,b7 coordinate development and implementation of such a plan with other coastal management programs1 regulations1 and activities of the coastal ,state2 and 7,c7 if the coastal ,state allows qualified holders 7other than the coastal ,state7 to enter into working waterfront covenants1 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 covenant4 7d7 ,uses1 terms1 and conditions 7#a7 ,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 section4 7#b7 ,a grant under this section may be used-- 7,a7 to acquire a working waterfront1 or an interest in a working waterfront2 7,b7 to make improvements to a working waterfront1 including the construction or repair of wharfs1 boat ramps1 or related facilities2 or 7,c7 for necessary climate adaptation mitigation4 7e7 ,public access requirement ,a working waterfront project funded by grants made under this section must provide for expansion1 improvement1 or preservation of reasonable and appropriate public access to coastal waters at or in the vicinity of a working waterfront1 except for commercial fishing or other industrial access points where the coastal ,state determines that public access would be unsafe4 7f7 ,limitations 7#a7 ,except as provided in paragraph 7#b71 a grant awarded under this section may be used to purchase working waterfront or an interest in working waterfront1 including an easement1 only from a willing seller and at fair market value4 7#b7 ,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 coercion4 7#c7 ,no ,federal1 ,state1 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 section4 7g7 ,allocation of grants to local governments and other entities 7#a7 ,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 7c74 7#b7 ,subject to the approval of the ,secretary1 a coastal ,state may1 as part of an approved working waterfront plan1 designate as a qualified holder any unit of ,state or local government or nongovernmental organization1 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 program4 7#c7 ,a coastal ,state or a qualified holder designated by a coastal ,state may allocate to a unit of local government1 nongovernmental organization1 fishing cooperative1 or other entity1 a portion of any grant made under this section for the purpose of carrying out this section1 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 plan4 7#d7 ,a qualified holder may hold title to or interest in property acquired under this section1 except that-- 7,a7 all persons holding title to or interest in working waterfront affected by a grant under this section1 including a qualified holder1 private citizen1 private business1 nonprofit organization1 fishing cooperative1 or other entity1 shall enter into a working waterfront covenant2 7,b7 such covenant shall be held by the coastal ,state or a qualified holder designated under paragraph 7#b72 7,c7 if the coastal ,state determines1 on the record after an opportunity for a hearing1 that the working waterfront covenant has been violated-- 7i7 all right1 title1 and interest in and to the working waterfront covered by such covenant shall1 except as provided in subparagraph 7,d71 revert to the coastal ,state2 and 7ii7 the coastal ,state shall have the right of immediate entry onto the working waterfront2 7,d7 if a coastal ,state makes a determination under subparagraph 7,c71 the coastal ,state may convey or authorize the qualified holder to convey the working waterfront or interest in working waterfront to another qualified holder2 and 7,e7 nothing in this subsection waives any legal requirement under any ,federal or ,state law4 7h7 ,matching contributions 7#a7 ,except as provided in paragraph 7#b71 the ,secretary shall require that each coastal ,state that receives a grant under this section1 or a qualified holder designated by that coastal ,state under subsection 7g71 shall provide matching funds in an amount equal to at least #be percent of the total cost of the project carried out with the grant4 7#b7 ,the ,secretary may waive the application of paragraph 7#a7 for any qualified holder that is an underserved community1 a community that has an inability to draw on other sources of funding because of the small population or low income of the community1 or for other reasons the ,secretary considers appropriate4 7#c7 ,a local community designated as a qualified holder under subsection 7g7 may utilize funds or other in-kind contributions donated by a nongovernmental partner to satisfy the matching funds requirement under this subsection4 7#d7 ,as a condition of receipt of a grant under this section1 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 secured4 7#e7 ,if financial assistance under this section represents only a portion of the total cost of a project1 funding from other ,federal sources may be applied to the cost of the project4 ,each portion shall be subject to match requirements under the applicable provision of law4 7#f7 ,the ,secretary shall treat as non-,federal match the value of a working waterfront or interest in a working waterfront1 including conservation and other easements1 that is held in perpetuity by a qualified holder1 if the working waterfront or interest is identified in the application for the grant and acquired by the qualified holder within #c years of the grant award date1 or within #c years after the submission of the application and before the end of the grant award period4 ,such value shall be determined by an appraisal performed at such time before the award of the grant as the ,secretary considers appropriate4 7#g7 ,the ,secretary shall treat as non-,federal match the costs associated with acquisition of a working waterfront or an interest in a working waterfront1 and the costs of restoration1 enhancement1 or other improvement to a working waterfront1 if the activities are identified in the project application and the costs are incurred within the period of the grant award1 or1 for working waterfront described in paragraph 7#f71 within the same time limits described in that paragraph4 ,these costs may include either cash or in-kind contributions4 7i7 ,limit on administrative costs ,no more than #e 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 section4 7j7 ,other technical and financial assistance 7#a7 ,up to #e percent of the funds appropriated under this section shall be used by the ,secretary for purposes of providing technical assistance as described in this subsection4 7#b7 ,the ,secretary shall-- 7,a7 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 plan2 7,b7 provide technical assistance to ,states and local governments for the development1 implementation1 and revision of comprehensive working waterfront plans1 which may include1 subject to the availability of appropriations1 planning grants and assistance1 pilot projects1 feasibility studies1 research1 and other projects necessary to further the purposes of this section2 7,c7 assist ,states in developing other tools to protect working waterfronts2 7,d7 collect and disseminate to ,states guidance for best storm water management practices in regards to working waterfronts2 7,e7 provide technical assistance to ,states and local governments on integrating resilience planning into working waterfront preservation efforts2 and 7,f7 collect and disseminate best practices on working waterfronts and resilience planning4 7k7 ,reports 7#a7 ,the ,secretary shall-- 7,a7 develop performance measures to evaluate and report on the effectiveness of the program under this section in accomplishing the purpose of this section2 and 7,b7 submit to ,congress a biennial report that includes such evaluations1 an account of all expenditures1 and descriptions of all projects carried out using grants awarded under this section4 7#b7 ,the ,secretary may submit the biennial report under paragraph 7#a77;,b7 by including it in the biennial report required under section #caf4 7l7 ,definitions ,in this section3 7#a7 ,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 7g74 7#b7 ,the term ,secretary means the ,secretary1 acting through the ,national ,oceanic and ,atmospheric ,administration4 7#c7 ,the term working waterfront means real property 7including support structures over water and other facilities7 that provides access to coastal waters to persons engaged in commercial and recreational fishing1 recreational fishing and boating businesses1 boatbuilding1 aquaculture1 or other water-dependent1 coastal-related business and is used for1 or that supports1 commercial and recreational fishing1 recreational fishing and boating businesses1 boatbuilding1 aquaculture1 or other water-dependent1 coastal-related business4 7#d7 ,the term working waterfront covenant means an agreement in recordable form between the owner of working waterfront and one or more qualified holders1 that provides such assurances as the ,secretary may require that-- 7,a7 the title to or interest in the working waterfront will be held by a grant recipient or qualified holder in perpetuity1 except as provided in subparagraph 7,c72 7,b7 the working waterfront will be managed in a manner that is consistent with the purposes for which the property is acquired pursuant to this section1 and the property will not be converted to any use that is inconsistent with the purpose of this section2 7,c7 if the title to or interest in the working waterfront is sold or otherwise exchanged-- 7i7 all working waterfront owners and qualified holders involved in such sale or exchange shall accede to such agreement2 and 7ii7 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 exchange1 and such funds shall1 at the discretion of the ,secretary1 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 section2 and 7,d7 such covenant is subject to enforcement and oversight by the coastal ,state or by another person as determined appropriate by the ,secretary4 7m7 ,authorization of appropriations ,there is authorized to be appropriated to the ,grant ,program #ab1jjj1jjj for each of fiscal years #bjbj through #bjbd4 4 #ajd4 ,working ,waterfronts ,preservation ,fund2 grants ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is further amended by adding at the end the following3 #cbb4 ,working ,waterfronts ,preservation ,loan ,fund 7a7 ,fund ,there is established in the ,treasury a separate account that shall be known as the ,working ,waterfronts ,preservation ,loan ,fund 7in this section referred to as the ,fund74 7b7 ,use 7#a7 ,subject to the availability of appropriations1 amounts in the ,fund may be used by the ,secretary to make loans to coastal ,states for the purpose of implementing a working waterfront plan approved by the ,secretary under section #cba7;c7 through preservation1 improvement1 restoration1 rehabilitation1 acquisition of working waterfront properties under criteria established by the ,secretary4 7#b7 ,upon enactment of this section1 the ,secretary of ,commerce shall conduct a feasibility study on the administration of the development and management of a ,working ,waterfronts ,preservation ,loan ,fund4 7#c7 ,upon the completion of the study under paragraph 7#b71 the ,secretary shall establish a fund in accordance with the results of that study1 and establish such criteria as referenced in subsection 7c7 in consultation with ,states that have a management program approved by the ,secretary of ,commerce pursuant to section #cjf and local government coastal management programs4 7c7 ,award criteria ,the ,secretary shall award loans under this section through a regionally equitable1 competitive funding process1 and in accordance with the following3 7#a7 ,the ,governor1 or the lead agency designated by the ,governor for coordinating the implementation of this section1 where appropriate in consultation with the appropriate local government1 shall determine that an application for a loan is consistent with the ,state's approved coastal zone plan1 program1 and policies prior to submission to the ,secretary4 7#b7 ,in developing guidelines under this section1 the ,secretary shall consult with coastal ,states1 other ,federal agencies1 and other interested stakeholders with expertise in working waterfront planning4 7#c7 ,coastal ,states may allocate amounts loaned under this section to local governments1 agencies1 or nongovernmental organizations eligible for loans under this section4 7#d7 ,in awarding a loan for activities in a coastal ,state1 the ,secretary shall consider-- 7,a7 the economic and cultural significance of working waterfront to the coastal ,state2 7,b7 the demonstrated working waterfront needs of the coastal ,state as outlined by a working waterfront plan approved for the coastal ,state under section #cba7;c71 and the value of the proposed loan for the implementation of such plan2 7,c7 the ability to successfully leverage loan funds among participating entities1 including ,federal programs1 regional organizations1 ,state and other government units1 landowners1 corporations1 or private organizations2 7,d7 the potential for rapid turnover in the ownership of working waterfront in the coastal ,state1 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 available2 7,e7 the impact of the loan on the coastal ecosystem and the users of the coastal ecosystem2 and 7,f7 the extent of the historic connection between working waterfronts for which the loan will be used and the local communities within the coastal ,state4 7d7 ,loan amount and terms 7#a7 ,the amount of a loan under this section-- 7,a7 shall be not less than #ajj1jjj2 and 7,b7 shall not exceed #ae percent of the amount in the ,fund as of ,july #a of the fiscal year in which the loan is made4 7#b7 ,the interest rate for a loan under this section shall not exceed #d percent4 7#c7 ,the repayment term for a loan under this section shall not exceed #bj years4 7e7 ,deadline for approval ,the ,secretary shall approve or reject an application for a loan under this section within #fj days after receiving an application for the loan4 7f7 ,limit on administrative costs ,no more than #e 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 section4 7g7 ,definitions ,the definitions in section #cba7l7 shall apply to this section4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,fund #ab1jjj1jjj for each of fiscal years #bjbj through #bjbd4 4 #aje4 ,eligibility of ,district of ,columbia for ,federal funding under the ,coastal ,zone ,management ,act of #aigb ,section #cjd7d7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec7d77 is amended by inserting the ,district of ,columbia1 after the term also includes4 #ajf4 ,climate change preparedness in the coastal zone 7a7 ,in ,general ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is amended by adding at the end the following3 #cbc4 ,climate change adaptation preparedness and response program 7a7 ,in ,general ,the ,secretary shall establish1 consistent with the national policies set forth in section #cjc1 a coastal climate change adaptation preparedness and response program to-- 7#a7 provide assistance to coastal ,states to voluntarily develop coastal climate change adaptation plans1 pursuant to approved management programs approved under section #cjf1 to minimize contributions to climate change and to prepare for and reduce the negative consequences that may result from climate change in the coastal zone2 and 7#b7 provide financial and technical assistance and training to enable coastal ,states to implement plans developed pursuant to this section through coastal ,states' enforceable policies4 7b7 ,coastal climate change adaptation planning and preparedness grants 7#a7 ,in general ,the ,secretary1 subject to the availability of appropriations1 may make a grant to any coastal ,state for the purpose of developing climate change adaptation plans pursuant to guidelines issued by the ,secretary under paragraph 7#h74 7#b7 ,plan content ,a plan developed with a grant under this subsection shall include the following3 7,a7 ,identification of public facilities and public services1 working waterfronts1 coastal resources of national significance1 coastal waters1 energy facilities1 or other land and water uses located in the coastal zone that are likely to be impacted by climate change4 7,b7 ,adaptive management strategies for land use to respond or adapt to changing environmental conditions1 including strategies to combat invasive species1 protect biodiversity1 protect water quality1 and establish habitat buffer zones1 migration corridors1 and climate refugia4 7,c7 ,adaptive management strategies for ocean-based ecosystems and resources1 including strategies to plan for and respond to geographic or temporal shifts in marine resources1 to create protected areas that will provide climate refugia1 and to maintain and restore ocean ecosystem function4 7,d7 ,adaptive management strategies for ,great ,lakes ecosystems and resources1 including strategies to support freshwater fisheries1 monitor ice cover1 manage phosphorous and nitrogen chemical loads1 minimize invasive species and harmful blooms of algae1 and create protected areas to maintain ,great ,lakes ecosystems4 7,e7 ,requirements to initiate and maintain long-term monitoring of environmental change to assess coastal zone adaptation and to adjust when necessary adaptive management strategies and new planning guidelines to attain the policies under section #cjc4 7,f7 ,a description of how the plan will address the impact of climate change affecting coastal communities will have on nearby ,tribes1 ,tribal communities1 and low-income or low-resource communities and how those stakeholders will be included in and informed about the development of the plan4 7,g7 ,other information considered necessary by the ,secretary to identify the full range of climate change impacts affecting coastal communities4 7#c7 ,state hazard mitigation plans ,plans developed with a grant under this subsection shall be consistent with ,state hazard mitigation plans and natural disaster response and recovery programs developed under ,state or ,federal law4 7#d7 ,allocation ,grants under this subsection shall be available only to coastal ,states with management programs approved by the ,secretary under section #cjf and shall be allocated among such coastal ,states in a manner consistent with regulations promulgated pursuant to section #cjf7;c74 7#e7 ,priority ,in the awarding of grants under this subsection1 the ,secretary may give priority to any coastal ,state that has received grant funding to develop program changes pursuant to paragraphs 7#a71 7#b71 7#c71 7#e71 7#f71 7#g71 and 7#h7 of section #cji7;a74 7#f7 ,technical assistance ,the ,secretary may provide technical assistance to a coastal ,state consistent with section #caj to ensure the timely development of plans supported by grants awarded under this subsection4 7#g7 ,federal ,approval ,in order to be eligible for a grant under subsection 7c71 a coastal ,state must have its plan developed under this subsection approved by the ,secretary4 7#h7 ,guidelines ,within #ahj days after the date of enactment of this section1 the ,secretary1 in consultation with the coastal ,states1 shall issue guidelines for the implementation of the grant program established under this subsection4 7c7 ,coastal climate change adaptation project implementation grants 7#a7 ,in general ,the ,secretary1 subject to the availability of appropriations1 may make grants to any coastal ,state that has a climate change adaptation plan approved under subsection 7b77#g71 in order to support projects that implement strategies contained within such plans4 7#b7 ,program requirements ,the ,secretary1 within #ij days after approval of the first plan approved under subsection 7b77#g71 shall publish in the ,federal ,register requirements regarding applications1 allocations1 eligible activities1 and all terms and conditions for grants awarded under this subsection4 ,no less than #cj percent1 and no more than #ej percent1 of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit-based competitive process4 7#c7 ,eligible activities ,the ,secretary may award grants to coastal ,states to implement projects in the coastal zone to address stress factors in order to improve coastal climate change adaptation1 including the following3 7,a7 ,activities to address physical disturbances within the coastal zone1 especially activities related to public facilities and public services1 tourism1 sedimentation1 ocean acidification1 coastal acidification1 hypoxia1 harmful algal blooms1 and other factors negatively impacting coastal waters4 7,b7 ,monitoring1 control1 or eradication of disease organisms and invasive species4 7,c7 ,activities to address the loss1 degradation1 or fragmentation of wildlife habitat through projects to establish or protect marine1 avian1 and terrestrial habitat buffers1 wildlife refugia1 other wildlife refuges1 or networks thereof1 preservation of migratory wildlife corridors and other transition zones1 and restoration of fish1 avian1 and wildlife habitat4 7,d7 ,projects to reduce1 mitigate1 or otherwise address likely impacts caused by natural hazards in the coastal zone1 including sea level rise1 coastal inundation1 storm water management1 coastal erosion and subsidence1 severe weather events such as cyclonic storms1 tsunamis and other seismic threats1 and fluctuating ,great ,lakes water levels4 ,the ,secretary shall give priority to projects that utilize green infrastructure solutions4 7,e7 ,projects to adapt existing infrastructure1 including enhancements to both built and natural environments1 such as sea walls and living shorelines4 7,f7 ,provision of technical training and assistance to local coastal policy makers to increase awareness of science1 management1 and technology information related to climate change and adaptation strategies4 7,g7 ,projects to assess the impact on coastal resiliency of water level regulating practices on the ,great ,lakes4 7,h7 ,activities or projects to address the immediate and long-term degradation or loss of coral and coral reefs in response to bacteria1 fungi1 viruses1 increased sea surface temperatures1 ultraviolet radiation1 and pollutants4 7#d7 ,promotion and use of ,national ,estuarine ,research ,reserves ,the ,secretary shall promote and encourage the use of ,national ,estuarine ,research ,reserves as sites for pilot or demonstration projects carried out with grants awarded under this section4 4 7b7 ,authorization of ,appropriations ,section #cah7;a7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adfd7;a77 is amended-- 7#a7 by striking and after the semicolon at the end of paragraph 7#a72 7#b7 by striking the period at the end of paragraph 7#b7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 for grants under section #cbc1 such sums as are necessary4 4 7c7 ,intent of ,congress ,nothing in this section shall be construed to require any coastal ,state to amend or modify its approved management program pursuant to section #cjf7;e7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adee7;e77 or to extend the enforceable policies of a coastal ,state beyond the coastal zone as identified in the coastal ,state's approved management program4 #ajg4 ,update to environmental sensitivity index products of ,national ,oceanic and ,atmospheric ,administration for ,great ,lakes 7a7 ,update required environmental sensitivity index products for ,great ,lakes ,not later than #ahj days after the date of the enactment of this ,act1 the ,under ,secretary for ,oceans and ,atmosphere shall commence updating the environmental sensitivity index products of the ,national ,oceanic and ,atmospheric ,administration for each coastal area of the ,great ,lakes4 7b7 ,periodic updates for environmental sensitivity index products generally ,subject to the availability of appropriations and the priorities set forth in subsection 7c71 the ,under ,secretary shall-- 7#a7 periodically update the environmental sensitivity index products of the ,administration2 and 7#b7 endeavor to do so not less frequently than once every #g years4 7c7 ,priorities ,when prioritizing geographic areas to update environmental sensitivity index products1 the ,under ,secretary shall consider-- 7#a7 the age of existing environmental sensitivity index products for the areas2 7#b7 the occurrence of extreme events1 be it natural or man-made1 which have significantly altered the shoreline or ecosystem since the last update2 7#c7 the natural variability of shoreline and coastal environment2 and 7#d7 the volume of vessel traffic and general vulnerability to spilled pollutants4 7d7 ,environmental sensitivity index product defined ,in this subsection1 the term environmental sensitivity index product means a map or similar tool that is utilized to identify sensitive shoreline1 coastal or offshore1 resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies1 typically including information relating to shoreline type1 biological resources1 and human use resources4 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,under ,secretary #g1ejj1jjj to carry out subsection 7a74 7#b7 ,availability ,amounts appropriated or otherwise made available pursuant to paragraph 7#a7 shall be available to the ,under ,secretary for the purposes set forth in such paragraph until expended4 #ajh4 ,prize competitions 7a7 ,in general ,the ,secretary may carry out a program to award prizes competitively under section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai71 for the purpose described in subsection 7b74 7b7 ,purpose ,the purpose described in this subsection is to stimulate innovation to advance the following coastal risk reduction and resilience measures3 7#a7 ,natural features1 including dunes1 reefs1 and wetlands4 7#b7 ,nature-based features1 including beach nourishment1 dune restoration1 wetland and other coastal habitat restoration1 and living shoreline construction4 7#c7 ,nonstructural measures1 including flood proofing of structures1 flood warning systems1 and elevated development4 #aji4 ,catalog of research on applicable coastal risk reduction and resilience measures 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,commerce1 acting through the ,administrator1 shall-- 7#a7 identify all ,department of ,commerce research activities regarding applicable coastal risk reduction and resilience measures2 7#b7 consult with the heads of other ,federal agencies to identify what activities1 if any1 those ,federal agencies are conducting regarding applicable coastal risk reduction and resilience measures2 7#c7 evaluate the effectiveness of the activities identified under paragraphs 7#a7 and 7#b72 and 7#d7 appoint one or more officers or employees of the ,national ,oceanic and ,atmospheric ,administration to liaise with non-,federal entities conducting research related to applicable coastal risk reduction and resilience measures in order to eliminate redundancies1 cooperate for common climate research goals1 and to make research findings readily available to the public4 7b7 ,definition ,of ,applicable ,coastal ,risk ,reduction ,and ,resilience ,measures ,in this section1 the term applicable coastal risk reduction and resilience measures means natural features1 nature-based features1 or nonstructural measures4 ,,ii ,fishery ,research and ,conservation ,a ,national ,fish ,habitat ,conservation ,through ,partnerships #bja4 ,purpose ,the purpose of this subtitle is to encourage partnerships among public agencies and other interested persons to promote fish conservation-- 7#a7 to achieve measurable habitat conservation results through strategic actions of ,fish ,habitat ,partnerships that lead to better fish habitat conditions and increased fishing opportunities by-- 7,a7 improving ecological conditions2 7,b7 restoring natural processes2 or 7,c7 preventing the decline of intact and healthy systems2 7#b7 to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by ,fish ,habitat ,partnerships2 7#c7 to broaden the community of support for fish habitat conservation by-- 7,a7 increasing fishing opportunities2 7,b7 fostering the participation of local communities1 especially young people in local communities1 in conservation activities2 and 7,c7 raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local communities2 7#d7 to fill gaps in the ,national ,fish ,habitat ,assessment and the associated database of the ,national ,fish ,habitat ,assessment-- 7,a7 to empower strategic conservation actions supported by broadly available scientific information2 and 7,b7 to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat conservation goals2 and 7#e7 to communicate to the public and conservation partners-- 7,a7 the conservation outcomes produced collectively by ,fish ,habitat ,partnerships2 and 7,b7 new opportunities and voluntary approaches for conserving fish habitat4 #bjb4 ,definitions ,in this subtitle3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,environment and ,public ,works of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,board ,the term ,board means the ,national ,fish ,habitat ,board established by section #bjc4 7#c7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#d7 ,environmental ,protection ,agency ,assistant ,administrator ,the term ,environmental ,protection ,agency ,assistant ,administrator means the ,assistant ,administrator for ,water of the ,environmental ,protection ,agency4 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given to the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,national ,oceanic and ,atmospheric ,administration ,assistant ,administrator ,the term ,national ,oceanic and ,atmospheric ,administration ,assistant ,administrator means the ,assistant ,administrator for ,fisheries of the ,national ,oceanic and ,atmospheric ,administration4 7#g7 ,partnership ,the term ,partnership means an entity designated by ,congress as a ,fish ,habitat ,partnership under section #bjd4 7#h7 ,real property interest ,the term real property interest means an ownership interest in-- 7,a7 land2 or 7,b7 water 7including water rights74 7#i7 ,marine ,fisheries ,commissions ,the term ,marine ,fisheries ,commissions means-- 7,a7 the ,atlantic ,states ,marine ,fisheries ,commission2 7,b7 the ,gulf ,states ,marine ,fisheries ,commission2 and 7,c7 the ,pacific ,states ,marine ,commission4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aa7 ,state ,the term ,state means each of the several ,states1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 and the ,district of ,columbia4 7#ab7 ,state agency ,the term ,state agency means-- 7,a7 the fish and wildlife agency of a ,state2 and 7,b7 any department or division of a department or agency of a ,state that manages in the public trust the inland or marine fishery resources of the ,state or sustains the habitat for those fishery resources pursuant to ,state law or the constitution of the ,state4 #bjc4 ,national ,fish ,habitat ,board 7a7 ,establishment 7#a7 ,fish ,habitat ,board ,there is established a board1 to be known as the ,national ,fish ,habitat ,board1 whose duties are-- 7,a7 to promote1 oversee1 and coordinate the implementation of this subtitle2 7,b7 to establish national goals and priorities for fish habitat conservation2 7,c7 to recommend to ,congress entities for designation as ,partnerships2 and 7,d7 to review and make recommendations regarding fish habitat conservation projects4 7#b7 ,membership ,the ,board shall be composed of #bf members1 of whom-- 7,a7 one shall be a representative of the ,department of the ,interior2 7,b7 one shall be a representative of the ,united ,states ,geological ,survey2 7,c7 one shall be a representative of the ,department of ,commerce2 7,d7 one shall be a representative of the ,department of ,agriculture2 7,e7 one shall be a representative of the ,association of ,fish and ,wildlife ,agencies2 7,f7 four shall be representatives of ,state agencies1 one of whom shall be nominated by a regional association of fish and wildlife agencies from each of the ,northeast1 ,southeast1 ,midwest1 and ,western regions of the ,united ,states2 7,g7 two shall be representatives of either-- 7i7 ,indian ,tribes in the ,state of ,alaska2 or 7ii7 ,indian ,tribes in ,states other than the ,state of ,alaska2 7,h7 one shall be a representative of either-- 7i7 the ,regional ,fishery ,management ,councils established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb72 or 7ii7 a representative of the ,marine ,fisheries ,commissions2 7,i7 one shall be a representative of the ,sportfishing and ,boating ,partnership ,council2 7,j7 seven shall be representatives selected from at least one from each of the following3 7i7 the recreational sportfishing industry2 7ii7 the commercial fishing industry2 7iii7 marine recreational anglers2 7iv7 freshwater recreational anglers2 7v7 habitat conservation organizations2 and 7vi7 science-based fishery organizations2 7,k7 one shall be a representative of a national private landowner organization2 7,l7 one shall be a representative of an agricultural production organization2 7,m7 one shall be a representative of local government interests involved in fish habitat restoration2 7,n7 two shall be representatives from different sectors of corporate industries1 which may include-- 7i7 natural resource commodity interests1 such as petroleum or mineral extraction2 7ii7 natural resource user industries2 and 7iii7 industries with an interest in fish and fish habitat conservation2 and 7,o7 one shall be a leadership private sector or landowner representative of an active partnership4 7#c7 ,compensation ,a member of the ,board shall serve without compensation4 7#d7 ,travel expenses ,a member of the ,board may be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,board4 7b7 ,appointment and terms 7#a7 ,in general ,except as otherwise provided in this section1 a member of the ,board described in any of subparagraphs 7,f7 through 7,o7 of subsection 7a77#b7 shall serve for a term of #c years4 7#b7 ,initial board membership 7,a7 ,in general ,the initial ,board shall consist of representatives as described in subparagraphs 7,a7 through 7,f7 of subsection 7a77#b74 7,b7 ,remaining members ,not later than #fj days after the date of enactment of this ,act1 the representatives of the initial ,board under subparagraph 7,a7 shall appoint the remaining members of the ,board described in subparagraphs 7,h7 through 7,o7 of subsection 7a77#b74 7,c7 ,tribal representatives ,not later than #fj days after the enactment of this ,act1 the ,secretary shall provide to the ,board a recommendation of not fewer than three ,tribal representatives1 from which the ,board shall appoint one representative pursuant to subparagraph 7,g7 of subsection 7a77#b74 7#c7 ,staggered terms ,of the members described in subsection 7a77#b77;,j7 initially appointed to the ,board-- 7,a7 two shall be appointed for a term of #a year2 7,b7 two shall be appointed for a term of #b years2 and 7,c7 three shall be appointed for a term of #c years4 7#d7 ,vacancies 7,a7 ,in general ,a vacancy of a member of the ,board described in subparagraph 7,h71 7,i71 7,j71 7,k71 7,l71 7,m71 7,n71 or 7,o7 of subsection 7a77#b7 shall be filled by an appointment made by the remaining members of the ,board4 7,b7 ,tribal representatives ,following a vacancy of a member of the ,board described in subparagraph 7,g7 of subsection 7a77#b71 the ,secretary shall recommend to the ,board a list of not fewer than three ,tribal representatives1 from which the remaining members of the ,board shall appoint a representative to fill the vacancy4 7#e7 ,continuation of service ,an individual whose term of service as a member of the ,board expires may continue to serve on the ,board until a successor is appointed4 7#f7 ,removal ,if a member of the ,board described in any of subparagraphs 7,h7 through 7,o7 of subparagraph 7a77#b7 misses three consecutive regularly scheduled ,board meetings1 the members of the ,board may-- 7,a7 vote to remove that member2 and 7,b7 appoint another individual in accordance with paragraph 7#d74 7c7 ,chairperson 7#a7 ,in general ,the representative of the ,association of ,fish and ,wildlife ,agencies appointed under subsection 7a77#b77;,e7 shall serve as ,chairperson of the ,board4 7#b7 ,term ,the ,chairperson of the ,board shall serve for a term of #c years4 7d7 ,meetings 7#a7 ,in general ,the ,board shall meet-- 7,a7 at the call of the ,chairperson2 but 7,b7 not less frequently than twice each calendar year4 7#b7 ,public access ,all meetings of the ,board shall be open to the public4 7e7 ,procedures 7#a7 ,in general ,the ,board shall establish procedures to carry out the business of the ,board1 including-- 7,a7 a requirement that a quorum of the members of the ,board be present to transact business2 7,b7 a requirement that no recommendations may be adopted by the ,board1 except by the vote of two-thirds of all members2 7,c7 procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this subtitle2 7,d7 procedures for designating ,partnerships under section #bjd2 and 7,e7 procedures for reviewing1 evaluating1 and making recommendations regarding fish habitat conservation projects4 7#b7 ,quorum ,a majority of the members of the ,board shall constitute a quorum4 #bjd4 ,fish ,habitat ,partnerships 7a7 ,authority ,to recommend ,the ,board may recommend to ,congress the designation of ,fish ,habitat ,partnerships in accordance with this section4 7b7 ,purposes ,the purposes of a ,partnership shall be-- 7#a7 to work with other regional habitat conservation programs to promote cooperation and coordination to enhance fish populations and fish habitats2 7#b7 to engage local and regional communities to build support for fish habitat conservation2 7#c7 to involve diverse groups of public and private partners2 7#d7 to develop collaboratively a strategic vision and achievable implementation plan that is scientifically sound2 7#e7 to leverage funding from sources that support local and regional partnerships2 7#f7 to use adaptive management principles1 including evaluation of project success and functionality2 7#g7 to develop appropriate local or regional habitat evaluation and assessment measures and criteria that are compatible with national habitat condition measures2 and 7#h7 to implement local and regional priority projects that improve conditions for fish and fish habitat4 7c7 ,criteria for designation ,an entity seeking to be designated by ,congress as a ,partnership shall-- 7#a7 submit to the ,board an application at such time1 in such manner1 and containing such information as the ,board may reasonably require2 and 7#b7 demonstrate to the ,board that the entity has-- 7,a7 a focus on promoting the health of important fish and fish habitats2 7,b7 an ability to coordinate the implementation of priority projects that support the goals and national priorities set by the ,board that are within the ,partnership boundary2 7,c7 a self-governance structure that supports the implementation of strategic priorities for fish habitat2 7,d7 the ability to develop local and regional relationships with a broad range of entities to further strategic priorities for fish and fish habitat2 7,e7 a strategic plan that details required investments for fish habitat conservation that addresses the strategic fish habitat priorities of the ,partnership and supports and meets the strategic priorities of the ,board2 7,f7 the ability to develop and implement fish habitat conservation projects that address strategic priorities of the ,partnership and the ,board2 and 7,g7 the ability to develop fish habitat conservation priorities based on sound science and data1 the ability to measure the effectiveness of fish habitat projects of the ,partnership1 and a clear plan as to how ,partnership science and data components will be integrated with the overall ,board science and data effort4 7d7 ,requirements for recommendation to ,congress ,the ,board may recommend to ,congress for designation an application for a ,partnership submitted under subsection 7c7 if the ,board determines that the applicant-- 7#a7 meets the criteria described in subsection 7c77#b72 7#b7 identifies representatives to provide support and technical assistance to the ,partnership from a diverse group of public and private partners1 which may include ,state or local governments1 nonprofit entities1 ,indian ,tribes1 and private individuals1 that are focused on conservation of fish habitats to achieve results across jurisdictional boundaries on public and private land2 7#c7 is organized to promote the health of important fish species and important fish habitats1 including reservoirs1 natural lakes1 coastal and marine environments1 coral reefs1 and estuaries2 7#d7 identifies strategic fish and fish habitat priorities for the ,partnership area in the form of geographical focus areas or key stressors or impairments to facilitate strategic planning and decision making2 7#e7 is able to address issues and priorities on a nationally significant scale2 7#f7 includes a governance structure that-- 7,a7 reflects the range of all partners2 and 7,b7 promotes joint strategic planning and decision making by the applicant2 7#g7 demonstrates completion of1 or significant progress toward the development of1 a strategic plan to address declines in fish populations1 rather than simply treating symptoms1 in accordance with the goals and national priorities established by the ,board2 and 7#h7 promotes collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable4 7e7 ,report to ,congress 7#a7 ,in general ,not later than ,february #a of the first fiscal year beginning after the date of enactment of this ,act and each ,february #a thereafter1 the ,board shall develop and submit to the appropriate congressional committees an annual report1 to be entitled ,report to ,congress on ,future ,fish ,habitat ,partnerships and ,modifications1 that-- 7,a7 identifies each entity that-- 7i7 meets the requirements described in subsection 7d72 and 7ii7 the ,board recommends to ,congress for designation as a ,partnership2 7,b7 describes any proposed modifications to a ,partnership previously designated by ,congress under subsection 7f72 7,c7 with respect to each entity recommended for designation as a ,partnership1 describes1 to the maximum extent practicable-- 7i7 the purpose of the recommended ,partnership2 and 7ii7 how the recommended ,partnership fulfills the requirements described in subsection 7d74 7#b7 ,public availability2 notification ,the ,board shall-- 7,a7 make the report publicly available1 including on the internet2 and 7,b7 provide to the appropriate congressional committees and the ,state agency of any ,state included in a recommended ,partnership area written notification of the public availability of the report4 7f7 ,designation or modification of ,partnership ,congress shall have the exclusive authority to designate or modify a ,partnership4 7g7 ,existing ,partnerships 7#a7 ,designation review ,not later than #e years after the date of enactment of this ,act1 any partnership receiving ,federal funds as of the date of enactment of this ,act shall be subject to a designation review by ,congress in which ,congress shall have the opportunity to designate the partnership under subsection 7f74 7#b7 ,ineligibility for ,federal funds ,a partnership referred to in paragraph 7#a7 that ,congress does not designate as described in that paragraph shall be ineligible to receive ,federal funds under this subtitle4 #bje4 ,fish ,habitat ,conservation ,projects 7a7 ,submission to ,board ,not later than ,march #ca of each year1 each ,partnership shall submit to the ,board a list of priority fish habitat conservation projects recommended by the ,partnership for annual funding under this subtitle4 7b7 ,recommendations by ,board ,not later than ,july #a of each year1 the ,board shall submit to the ,secretary a priority list of fish habitat conservation projects that includes a description1 including estimated costs1 of each project that the ,board recommends that the ,secretary approve and fund under this subtitle for the following fiscal year4 7c7 ,criteria for project selection ,the ,board shall select each fish habitat conservation project recommended to the ,secretary under subsection 7b7 after taking into consideration1 at a minimum1 the following information3 7#a7 ,a recommendation of the ,partnership that is1 or will be1 participating actively in implementing the fish habitat conservation project4 7#b7 ,the capabilities and experience of project proponents to implement successfully the proposed project4 7#c7 ,the extent to which the fish habitat conservation project-- 7,a7 fulfills a local or regional priority that is directly linked to the strategic plan of the ,partnership and is consistent with the purpose of this subtitle2 7,b7 addresses the national priorities established by the ,board2 7,c7 is supported by the findings of the habitat assessment of the ,partnership or the ,board1 and aligns or is compatible with other conservation plans2 7,d7 identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures2 7,e7 provides a well-defined budget linked to deliverables and outcomes2 7,f7 leverages other funds to implement the project2 7,g7 addresses the causes and processes behind the decline of fish or fish habitats2 and 7,h7 includes an outreach or education component that includes the local or regional community4 7#d7 ,the availability of sufficient non-,federal funds to match ,federal contributions for the fish habitat conservation project1 as required by subsection 7e74 7#e7 ,the extent to which the fish habitat conservation project-- 7,a7 will increase fish populations in a manner that leads to recreational fishing opportunities for the public2 7,b7 will be carried out through a cooperative agreement among ,federal1 ,state1 and local governments1 ,indian ,tribes1 and private entities2 7,c7 increases public access to land or water for fish and wildlife-dependent recreational opportunities2 7,d7 advances the conservation of fish and wildlife species that have been identified by a ,state agency as species of greatest conservation need2 7,e7 where appropriate1 advances the conservation of fish and fish habitats under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 and other relevant ,federal law and ,state wildlife action plans2 and 7,f7 promotes strong and healthy fish habitats so that desired biological communities are able to persist and adapt4 7#f7 ,the substantiality of the character and design of the fish habitat conservation project4 7d7 ,limitations 7#a7 ,requirements for evaluation ,no fish habitat conservation project may be recommended by the ,board under subsection 7b7 or provided financial assistance under this subtitle unless the fish habitat conservation project includes an evaluation plan designed using applicable ,board guidance-- 7,a7 to appropriately assess the biological1 ecological1 or other results of the habitat protection1 restoration1 or enhancement activities carried out using the assistance2 7,b7 to reflect appropriate changes to the fish habitat conservation project if the assessment substantiates that the fish habitat conservation project objectives are not being met2 7,c7 to identify improvements to existing fish populations1 recreational fishing opportunities1 and the overall economic benefits for the local community of the fish habitat conservation project2 and 7,d7 to require the submission to the ,board of a report describing the findings of the assessment4 7#b7 ,acquisition authorities 7,a7 ,in general ,a ,state1 local government1 or other non-,federal entity is eligible to receive funds for the acquisition of real property from willing sellers under this subtitle if the acquisition ensures-- 7i7 public access for fish and wildlife-dependent recreation2 or 7ii7 a scientifically based1 direct enhancement to the health of fish and fish populations1 as determined by the ,board4 7,b7 ,state agency approval 7i7 ,in general ,all real property interest acquisition projects funded under this subtitle must be approved by the ,state agency in the ,state in which the project is occurring4 7ii7 ,prohibition ,the ,board may not recommend1 and the ,secretary may not provide any funding for1 any real property interest acquisition that has not been approved by the ,state agency4 7,c7 ,assessment of other authorities ,the ,board may not recommend1 and the ,secretary may not provide any funding under this subtitle for1 any real property interest acquisition unless the ,partnership that recommended the project has conducted a project assessment1 submitted with the funding request and approved by the ,board1 to demonstrate all other ,federal1 ,state1 and local authorities for the acquisition of real property have been exhausted4 7,d7 ,restrictions ,a real property interest may not be acquired pursuant to a fish habitat conservation project by a ,state1 local government1 or other non-,federal entity conducted with funds provided under this subtitle1 unless-- 7i7 the owner of the real property authorizes the ,state1 local government1 or other non-,federal entity to acquire the real property2 and 7ii7 the ,secretary and the ,board determine that the ,state1 local government1 or other non-,federal entity would benefit from undertaking the management of the real property being acquired because that is in accordance with the goals of a ,partnership4 7e7 ,non-,federal contributions 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#d71 no fish habitat conservation project may be recommended by the ,board under subsection 7b7 or provided financial assistance under this subtitle unless at least #ej percent of the cost of the fish habitat conservation project will be funded with non-,federal funds4 7#b7 ,non-,federal share ,such non-,federal share of the cost of a fish habitat conservation project-- 7,a7 may not be derived from another ,federal grant program2 and 7,b7 may include in-kind contributions and cash4 7#c7 ,special rule for ,indian ,tribes ,notwithstanding paragraph 7#a7 or any other provision of law1 any funds made available to an ,indian ,tribe pursuant to this subtitle may be considered to be non-,federal funds for the purpose of paragraph 7#a74 7#d7 ,waiver authority ,the ,secretary1 in consultation with the ,secretary of ,commerce with respect to marine or estuarine projects1 may waive the application of paragraph 7#b77;,a7 with respect to a ,state or an ,indian ,tribe1 or otherwise reduce the portion of the non-,federal share of the cost of an activity required to be paid by a ,state or an ,indian ,tribe under paragraph 7#a71 if the ,secretary determines that the ,state or ,indian ,tribe does not have sufficient funds not derived from another ,federal grant program to pay such non-,federal share1 or portion of the non-,federal share1 without the use of loans4 7f7 ,approval 7#a7 ,in general ,not later than #ij days after the date of receipt of the recommended priority list of fish habitat conservation projects under subsection 7b71 and subject to subsection 7d7 and based1 to the maximum extent practicable1 on the criteria described in subsection 7c71 the ,secretary1 after consulting with the ,secretary of ,commerce on marine or estuarine projects1 shall approve or reject any fish habitat conservation project recommended by the ,board4 7#b7 ,funding ,if the ,secretary approves a fish habitat conservation project under paragraph 7#a71 the ,secretary shall use amounts made available to carry out this subtitle to provide funds to carry out the fish habitat conservation project4 7#c7 ,notification ,if the ,secretary rejects under paragraph 7#a7 any fish habitat conservation project recommended by the ,board1 not later than #ij days after the date of receipt of the recommendation1 the ,secretary shall provide to the ,board1 the appropriate ,partnership1 and the appropriate congressional committees a written statement of the reasons that the ,secretary rejected the fish habitat conservation project4 #bjf4 ,technical and scientific assistance 7a7 ,in general ,the ,director1 the ,national ,oceanic and ,atmospheric ,administration ,assistant ,administrator1 the ,environmental ,protection ,agency ,assistant ,administrator1 and the ,director of the ,united ,states ,geological ,survey1 in coordination with the ,forest ,service and other appropriate ,federal departments and agencies1 may provide scientific and technical assistance to ,partnerships1 participants in fish habitat conservation projects1 and the ,board4 7b7 ,inclusions ,scientific and technical assistance provided under subsection 7a7 may include-- 7#a7 providing technical and scientific assistance to ,states1 ,indian ,tribes1 regions1 local communities1 and nongovernmental organizations in the development and implementation of ,partnerships2 7#b7 providing technical and scientific assistance to ,partnerships for habitat assessment1 strategic planning1 and prioritization2 7#c7 supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by ,partnerships and the ,board2 7#d7 supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through ,partnerships2 7#e7 supporting and providing recommendations for a national fish habitat assessment2 7#f7 ensuring the availability of experts to assist in conducting scientifically based evaluation and reporting of the results of fish habitat conservation projects2 and 7#g7 providing resources to secure ,state agency scientific and technical assistance to support ,partnerships1 participants in fish habitat conservation projects1 and the ,board4 #bjg4 ,coordination with ,states and ,indian ,tribes ,the ,secretary shall provide a notice to1 and cooperate with1 the appropriate ,state agency or ,tribal agency1 as applicable1 of each ,state and ,indian ,tribe within the boundaries of which an activity is planned to be carried out pursuant to this subtitle1 including notification1 by not later than #cj days before the date on which the activity is implemented4 #bjh4 ,interagency ,operational ,plan ,not later than #a year after the date of enactment of this ,act1 and every #e years thereafter1 the ,director1 in cooperation with the ,national ,oceanic and ,atmospheric ,administration ,assistant ,administrator1 the ,environmental ,protection ,agency ,assistant ,administrator1 the ,director of the ,united ,states ,geological ,survey1 and the heads of other appropriate ,federal departments and agencies 7including1 at a minimum1 those agencies represented on the ,board7 shall develop an interagency operational plan that describes-- 7#a7 the functional1 operational1 technical1 scientific1 and general staff1 administrative1 and material needs for the implementation of this subtitle2 and 7#b7 any interagency agreements between or among ,federal departments and agencies to address those needs4 #bji4 ,accountability and reporting 7a7 ,reporting 7#a7 ,in general ,not later than #e years after the date of enactment of this ,act1 and every #e years thereafter1 the ,board shall submit to the appropriate congressional committees a report describing the progress of this subtitle4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include-- 7,a7 an estimate of the number of acres1 stream miles1 or acre-feet1 or other suitable measures of fish habitat1 that was maintained or improved by ,partnerships under this subtitle during the #e-year period ending on the date of submission of the report2 7,b7 a description of the public access to fish habitats established or improved under this subtitle during that #e-year period2 7,c7 a description of the improved opportunities for public recreational fishing achieved under this subtitle2 and 7,d7 an assessment of the status of fish habitat conservation projects carried out with funds provided under this subtitle during that period1 disaggregated by year1 including-- 7i7 a description of the fish habitat conservation projects recommended by the ,board under section #bje7;b72 7ii7 a description of each fish habitat conservation project approved by the ,secretary under section #bje7;f71 in order of priority for funding2 7iii7 a justification for-- 7,i7 the approval of each fish habitat conservation project2 and 7,,ii7 the order of priority for funding of each fish habitat conservation project2 7iv7 a justification for any rejection of a fish habitat conservation project recommended by the ,board under section #bje7;b7 that was based on a factor other than the criteria described in section #bje7;c72 and 7v7 an accounting of expenditures by ,federal1 ,state1 or local governments1 ,indian ,tribes1 or other entities to carry out fish habitat conservation projects under this subtitle4 7b7 ,status and trends report ,not later than ,december #ca1 #bjbj1 and every #e years thereafter1 the ,board shall submit to the appropriate congressional committees a report that includes-- 7#a7 a status of all ,partnerships designated under this subtitle2 7#b7 a description of the status of fish habitats in the ,united ,states as identified by designated ,partnerships2 and 7#c7 enhancements or reductions in public access as a result of-- 7,a7 the activities of the ,partnerships2 or 7,b7 any other activities carried out pursuant to this subtitle4 #baj4 ,effect of this subtitle 7a7 ,water rights ,nothing in this subtitle-- 7#a7 establishes any express or implied reserved water right in the ,united ,states for any purpose2 7#b7 affects any water right in existence on the date of enactment of this ,act2 7#c7 preempts or affects any ,state water law or interstate compact governing water2 or 7#d7 affects any ,federal or ,state law in existence on the date of enactment of the ,act regarding water quality or water quantity4 7b7 ,authority ,to acquire water rights or rights to property ,only a ,state1 local government1 or other non-,federal entity may acquire1 under ,state law1 water rights or rights to property with funds made available through section #bab4 7c7 ,state authority ,nothing in this subtitle-- 7#a7 affects the authority1 jurisdiction1 or responsibility of a ,state to manage1 control1 or regulate fish and wildlife under the laws and regulations of the ,state2 or 7#b7 authorizes the ,secretary to control or regulate within a ,state the fishing or hunting of fish and wildlife4 7d7 ,effect on ,indian ,tribes ,nothing in this subtitle abrogates1 abridges1 affects1 modifies1 supersedes1 or alters any right of an ,indian ,tribe recognized by treaty or any other means1 including-- 7#a7 an agreement between the ,indian ,tribe and the ,united ,states2 7#b7 ,federal law 7including regulations72 7#c7 an ,executive order2 or 7#d7 a judicial decree4 7e7 ,adjudication of water rights ,nothing in this subtitle diminishes or affects the ability of the ,secretary to join an adjudication of rights to the use of water pursuant to subsection 7a71 7b71 or 7c7 of section #bjh of the ,departments of ,state1 ,justice1 ,commerce1 and ,the ,judiciary ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff74 7f7 ,department of ,commerce authority ,nothing in this subtitle affects the authority1 jurisdiction1 or responsibility of the ,department of ,commerce to manage1 control1 or regulate fish or fish habitats under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7g7 ,effect on other authorities 7#a7 ,private property protection ,nothing in this subtitle permits the use of funds made available to carry out this subtitle to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest1 respectively4 7#b7 ,mitigation ,nothing in this subtitle authorizes the use of funds made available to carry out this subtitle for fish and wildlife mitigation purposes under-- 7,a7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,b7 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq472 7,c7 the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #djhb72 or 7,d7 any other ,federal law or court settlement4 7#c7 ,clean ,water ,act ,nothing in this subtitle affects any provision of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 including any definition in that ,act4 #baa4 ,nonapplicability of ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to-- 7#a7 the ,board2 or 7#b7 any ,partnership4 #bab4 ,funding 7a7 ,authorization of appropriations 7#a7 ,fish ,habitat ,conservation ,projects ,there is authorized to be appropriated to the ,secretary #g1bjj1jjj for each of fiscal years #bjai through #bjbc to provide funds for fish habitat conservation projects approved under section #bje7;f71 of which #e percent is authorized only for projects carried out by ,indian ,tribes4 7#b7 ,administrative and planning expenses ,there is authorized to be appropriated to the ,secretary for each of fiscal years #bjai through #bjbc an amount equal to #e percent of the amount appropriated for the applicable fiscal year pursuant to paragraph 7#a7-- 7,a7 for administrative and planning expenses under this subtitle2 and 7,b7 to carry out section #bji4 7#c7 ,technical and scientific assistance ,there is authorized to be appropriated for each of fiscal years #bjbj through #bjbd to carry out1 and provide technical and scientific assistance under1 section #bjf-- 7,a7 #djj1jjj to the ,secretary for use by the ,united ,states ,fish and ,wildlife ,service2 7,b7 #djj1jjj to the ,national ,oceanic and ,atmospheric ,administration ,assistant ,administrator for use by the ,national ,oceanic and ,atmospheric ,administration2 7,c7 #djj1jjj to the ,environmental ,protection ,agency ,assistant ,administrator for use by the ,environmental ,protection ,agency2 7,d7 #djj1jjj to the ,secretary for use by the ,united ,states ,geological ,survey2 and 7,e7 #djj1jjj to the ,chief of the ,forest ,service for use by the ,united ,states ,department of ,agriculture ,forest ,service4 7b7 ,agreements and grants ,the ,secretary may-- 7#a7 on the recommendation of the ,board1 and notwithstanding sections #fcjd and #fcje of title #ca1 ,united ,states ,code1 and the ,federal ,financial ,assistance ,management ,improvement ,act of #aiii 7#ca ,u4,s4,c4 #faja note2 ,public ,law #ajf-ajg71 enter into a grant agreement1 cooperative agreement1 or contract with a ,partnership or other entity to provide funds authorized by this subtitle for a fish habitat conservation project or restoration or enhancement project2 7#b7 apply for1 accept1 and1 subject to the availability of appropriations1 use a grant from any individual or entity to carry out the purposes of this subtitle2 and 7#c7 subject to the availability of appropriations1 make funds authorized by this ,act available to any ,federal department or agency for use by that department or agency to provide grants for any fish habitat protection project1 restoration project1 or enhancement project that the ,secretary determines to be consistent with this subtitle4 7c7 ,donations 7#a7 ,in general ,the ,secretary may-- 7,a7 enter into an agreement with any organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that is exempt from taxation under section #eja7;a7 of that ,code to solicit private donations to carry out the purposes of this subtitle2 and 7,b7 accept donations of funds1 property1 and services to carry out the purposes of this subtitle4 7#b7 ,treatment ,a donation accepted under this subtitle-- 7,a7 shall be considered to be a gift or bequest to1 or otherwise for the use of1 the ,united ,states2 and 7,b7 may be-- 7i7 used directly by the ,secretary2 or 7ii7 provided to another ,federal department or agency through an interagency agreement4 #bac4 ,prohibition against implementation of regulatory authority by ,federal agencies through ,partnerships ,any ,partnership designated under this subtitle-- 7#a7 shall be for the sole purpose of promoting fish conservation2 and 7#b7 shall not be used to implement any regulatory authority of any ,federal agency4 ,b ,great ,lakes ,fishery ,research ,authorization #bba4 ,definitions ,in this subtitle3 7#a7 ,director ,the term ,director means the ,director of the ,united ,states ,geological ,survey4 7#b7 ,great ,lakes basin ,the term ,great ,lakes ,basin means the air1 land1 water1 and living organisms in the ,united ,states within the drainage basin of the ,saint ,lawrence ,river at and upstream from the point at which such river and the ,great ,lakes become the international boundary between ,canada and the ,united ,states4 #bbb4 ,findings ,congress finds the following3 7#a7 ,the ,great ,lakes support a diverse ecosystem1 on which the vibrant and economically valuable ,great ,lakes fisheries depend4 7#b7 ,to continue successful fisheries management and coordination1 as has occurred since signing of the ,convention on ,great ,lakes ,fisheries between the ,united ,states and ,canada on ,september #aj1 #aied1 management of the ecosystem and its fisheries require sound1 reliable science1 and the use of modern scientific technologies4 7#c7 ,fisheries research is necessary to support multi-jurisdictional fishery management decisions and actions regarding recreational and sport fishing1 commercial fisheries1 tribal harvest1 allocation decisions1 and fish stocking activities4 7#d7 ,president ,richard ,nixon submitted1 and the ,congress approved1 ,reorganization ,plan ,no4 #d 7#hd ,stat4 #bjij71 conferring science activities and management of marine fisheries to the ,national ,oceanic and ,atmospheric ,administration4 7#e7 ,reorganization ,plan ,no4 #d expressly excluded fishery research activities within the ,great ,lakes from the transfer1 retaining management and scientific research duties within the already established jurisdictions under the #aied ,convention on ,great ,lakes ,fisheries1 including those of the ,great ,lakes ,fishery ,commission and the ,department of the ,interior4 #bbc4 ,great ,lakes monitoring1 assessment1 science1 and research 7a7 ,in general ,the ,director may conduct monitoring1 assessment1 science1 and research1 in support of the binational fisheries within the ,great ,lakes ,basin4 7b7 ,specific authorities ,the ,director shall1 under subsection 7a7-- 7#a7 execute a comprehensive1 multi-lake1 freshwater fisheries science program2 7#b7 coordinate with and work cooperatively with regional1 ,state1 tribal1 and local governments2 and 7#c7 consult with other interested entities groups1 including academia and relevant ,canadian agencies4 7c7 ,included research ,to properly serve the needs of fisheries managers1 monitoring1 assessment1 science1 and research under this section may include-- 7#a7 deepwater ecosystem sciences2 7#b7 biological and food-web components2 7#c7 fish movement and behavior investigations2 7#d7 fish population structures2 7#e7 fish habitat investigations2 7#f7 invasive species science2 7#g7 harmful algal bloom development research2 7#h7 research on the impacts of harmful algal blooms1 nutrient pollution1 and dead zones on ,great ,lakes fisheries2 7#i7 research into the effects of per- and polyfluoroalkyl substances1 mercury1 and other contaminants on fisheries and fishery ecosystems2 7#aj7 use of existing1 new1 and experimental biological assessment tools1 equipment1 vessels1 other scientific instrumentation and laboratory capabilities necessary to support fishery management decisions2 and 7#aa7 studies to assess impacts on ,great ,lakes fishery resources4 7d7 ,savings clause ,nothing in this subtitle is intended or shall be construed to impede1 supersede1 or alter the authority of the ,great ,lakes ,fishery ,commission1 ,states1 and ,indian tribes under the ,convention on ,great ,lakes ,fisheries between the ,united ,states of ,america and ,canada on ,september #aj1 #aied1 and the ,great ,lakes ,fishery ,act of #aief 7#af ,u4,s4,c4 #ica et seq474 #bbd4 ,authorization of appropriations ,for each of fiscal years #bjbj through #bjbi1 there is authorized to be appropriated #ag1ejj1jjj to carry out this subtitle4 ,c ,chesapeake ,bay ,oyster ,research #bca4 ,sense of ,congress ,it is the sense of ,congress that the ,chesapeake ,bay ,office of the ,national ,oceanic and ,atmospheric ,administration shall be the primary representative of the ,administration in the ,chesapeake ,bay4 #bcb4 ,grants for researching oysters in the ,chesapeake ,bay 7a7 ,establishment ,the ,secretary of the ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 shall establish a grant program 7in this section referred to as the ,program7 under which the ,secretary shall award grants to eligible entities for the purpose of conducting research on the conservation1 restoration1 or management of oysters in the ,chesapeake ,bay4 7b7 ,application ,to be eligible to receive a grant under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,allocation of grant funds 7#a7 ,in general ,the ,secretary shall award a grant under the ,program to eligible entities that submit an application under subsection 7b74 7#b7 ,matching requirement 7,a7 ,in general ,except as provided in subparagraph 7,b71 the total amount of ,federal funding received under the ,program by an eligible entity may not exceed #he percent of the total cost of the research project for which the funding was awarded4 ,for the purposes of this subparagraph1 the non-,federal share of project costs may be provided by in-kind contributions and other noncash support4 7,b7 ,waiver ,the ,secretary may waive all or part of the requirement in subparagraph 7,a7 if the ,secretary determines that no reasonable means are available through which an eligible entity applying for a grant under this section can meet such requirement and the probable benefit of such research project outweighs the public interest in such requirement4 7d7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,academic community ,the term academic community means faculty1 researchers1 professors1 and representatives of ,state-accredited colleges and universities4 7#b7 ,eligible entity ,the term eligible entity means a member of the academic community1 the seafood industry1 a relevant nonprofit organization1 or a relevant ,state agency1 that is proposing or conducting a research project on the conservation1 restoration1 or management of oysters in the ,chesapeake ,bay developed through consultation with a member of the academic community1 a member of the seafood industry1 a relevant nonprofit organization1 or a relevant ,state agency4 7#c7 ,nonprofit organization ,the term nonprofit organization means an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 7#d7 ,seafood industry ,the term seafood industry means shellfish growers1 shellfish harvesters1 commercial fishermen1 and recreational fishermen4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #b1jjj1jjj for each of the fiscal years #bjbj through #bjbe to carry out this section4 ,,iii ,meeting #bast ,century ,ocean and ,coastal ,data ,needs ,a ,digital ,coast #cja4 ,findings ,congress makes the following findings3 7#a7 ,the ,digital ,coast is a model approach for effective ,federal partnerships with ,state and local government1 nongovernmental organizations1 and the private sector4 7#b7 ,access to current1 accurate1 uniform1 and standards-based geospatial information1 tools1 and training to characterize the ,united ,states coastal region is critical for public safety and for the environment1 infrastructure1 and economy of the ,united ,states4 7#c7 ,collaborations and partnerships between institutions of higher education and ,federal agencies help ensure digital data focused on coastal management issues are communicated effectively between such entities4 7#d7 ,more than half of all people of the ,united ,states 7#aec1jjj1jjj7 currently live on or near a coast and an additional #ab1jjj1jjj are expected in the next decade4 7#e7 ,coastal counties in the ,united ,states average #cjj persons per square mile1 compared with the national average of #ih4 7#f7 ,on a typical day1 more than #a1edj permits for construction of single-family homes are issued in coastal counties1 combined with other commercial1 retail1 and institutional construction to support this population4 7#g7 ,over half of the economic productivity of the ,united ,states is located within coastal regions4 7#h7 ,highly accurate1 high-resolution remote sensing and other geospatial data play an increasingly important role in decision making and management of the coastal zone and economy1 including for-- 7,a7 flood and coastal storm surge prediction2 7,b7 hazard risk and vulnerability assessment2 7,c7 emergency response and recovery planning2 7,d7 community resilience to longer range coastal change2 7,e7 local planning and permitting2 7,f7 habitat and ecosystem health assessments2 and 7,g7 landscape change detection4 #cjb4 ,definitions ,in this subtitle3 7#a7 ,coastal region ,the term coastal region means the area of ,united ,states waters extending inland from the shoreline to include coastal watersheds and seaward to the territorial sea4 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 ,federal ,geographic ,data ,committee ,the term ,federal ,geographic ,data ,committee means the interagency committee that promotes the coordinated development1 use1 sharing1 and dissemination of geospatial data on a national basis4 7#d7 ,remote sensing and other geospatial ,the term remote sensing and other geospatial means collecting1 storing1 retrieving1 or disseminating graphical or digital data depicting natural or manmade physical features1 phenomena1 or boundaries of the ,earth and any information related thereto1 including surveys1 maps1 charts1 satellite and airborne remote sensing data1 images1 ,li,d,a,r1 and services performed by professionals such as surveyors1 photogrammetrists1 hydrographers1 geodesists1 cartographers1 and other such services4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 #cjc4 ,establishment of the ,digital ,coast 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a program for the provision of an enabling platform that integrates geospatial data1 decision-support tools1 training1 and best practices to address coastal management issues and needs4 ,under the program1 the ,secretary shall strive to enhance resilient communities1 ecosystem values1 and coastal economic growth and development by helping communities address their issues1 needs1 and challenges through cost-effective and participatory solutions4 7#b7 ,designation ,the program established under paragraph 7#a7 shall be known as the ,digital ,coast 7in this section referred to as the program74 7b7 ,program requirements ,in carrying out the program1 the ,secretary shall ensure that the program provides data integration1 tool development1 training1 documentation1 dissemination1 and archiving by-- 7#a7 making data and resulting integrated products developed under this section readily accessible via the ,digital ,coast ,internet website of the ,national ,oceanic and ,atmospheric ,administration1 the ,geo,platform4gov and data4gov ,internet websites1 and such other information distribution technologies as the ,secretary considers appropriate2 7#b7 developing decision-support tools that use and display resulting integrated data and provide training on use of such tools2 7#c7 documenting such data to ,federal ,geographic ,data ,committee standards2 and 7#d7 archiving all raw data acquired under this title at the appropriate ,national ,oceanic and ,atmospheric ,administration data center or such other ,federal data center as the ,secretary considers appropriate4 7c7 ,coordination ,the ,secretary shall coordinate the activities carried out under the program to optimize data collection1 sharing and integration1 and to minimize duplication by-- 7#a7 consulting with coastal managers and decision makers concerning coastal issues1 and sharing information and best practices1 as the ,secretary considers appropriate1 with-- 7,a7 coastal ,states2 7,b7 local governments2 and 7,c7 representatives of academia1 the private sector1 and nongovernmental organizations2 7#b7 consulting with other ,federal agencies1 including interagency committees1 on relevant ,federal activities1 including activities carried out under the ,ocean and ,coastal ,mapping ,integration ,act 7#cc ,u4,s4,c4 #ceja et seq471 the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq471 the ,integrated ,coastal and ,ocean ,observation ,system ,act of #bjji 7#cc ,u4,s4,c4 #cfja et seq471 and the ,hydrographic ,services ,improvement ,act of #aiih 7#cc ,u4,s4,c4 #hib et seq472 7#c7 participating1 pursuant to section #baf of the ,e-,government ,act of #bjjb 7,public ,law #ajg-cdg2 #dd ,u4,s4,c4 #ceja note71 in the establishment of such standards and common protocols as the ,secretary considers necessary to assure the interoperability of remote sensing and other geospatial data with all users of such information within-- 7,a7 the ,national ,oceanic and ,atmospheric ,administration2 7,b7 other ,federal agencies2 7,c7 ,state and local government2 and 7,d7 the private sector2 7#d7 coordinating with1 seeking assistance and cooperation of1 and providing liaison to the ,federal ,geographic ,data ,committee pursuant to ,office of ,management and ,budget ,circular ,a-#af and ,executive ,order ,no4 #abijf of ,april #aa1 #aiid 7#ei ,fed4 ,reg4 #agfga71 as amended by ,executive ,order ,no4 #acbhf of ,february #bh1 #bjjc 7#fh ,fed4 ,reg4 #ajfai72 and 7#e7 developing and maintaining a best practices document that sets out the best practices used by the ,secretary in carrying out the program and providing such document to the ,united ,states ,geological ,survey1 the ,corps of ,engineers1 and other relevant ,federal agencies4 7d7 ,filling needs and gaps ,in carrying out the program1 the ,secretary shall-- 7#a7 maximize the use of remote sensing and other geospatial data collection activities conducted for other purposes and under other authorities2 7#b7 focus on filling data needs and gaps for coastal management issues1 including with respect to areas that1 as of the date of the enactment of this ,act1 were underserved by coastal data and the areas of the ,arctic that are under the jurisdiction of the ,united ,states2 7#c7 pursuant to the ,ocean and ,coastal ,mapping ,integration ,act 7#cc ,u4,s4,c4 #ceja et seq471 support continue improvement in existing efforts to coordinate the acquisition and integration of key data sets needed for coastal management and other purposes1 including-- 7,a7 coastal elevation data2 7,b7 land use and land cover data2 7,c7 socioeconomic and human use data2 7,d7 critical infrastructure data2 7,e7 structures data2 7,f7 living resources and habitat data2 7,g7 cadastral data2 and 7,h7 aerial imagery2 and 7#d7 integrate the priority supporting data set forth under paragraph 7#c7 with other available data for the benefit of the broadest measure of coastal resource management constituents and applications4 7e7 ,financial agreements and contracts 7#a7 ,in general ,in carrying out the program1 the ,secretary-- 7,a7 may enter into financial agreements to carry out the program1 including-- 7i7 support to non-,federal entities that participate in implementing the program2 and 7ii7 grants1 cooperative agreements1 interagency agreements1 contracts1 or any other agreement on a reimbursable or non-reimbursable basis1 with other ,federal1 tribal1 ,state1 and local governmental and nongovernmental entities2 and 7,b7 may1 to the maximum extent practicable1 enter into such contracts with private sector entities for such products and services as the ,secretary determines may be necessary to collect1 process1 and provide remote sensing and other geospatial data and products for purposes of the program4 7#b7 ,fees 7,a7 ,assessment and collection ,the ,secretary may assess and collect fees to conduct any planned training1 workshop1 or conference that advances the purposes of the program4 7,b7 ,amounts ,the amount of a fee under this paragraph may not exceed the sum of costs incurred1 or expected to be incurred1 by the ,secretary as a direct result of the conduct of the training1 workshop1 or conference1 including for subsistence expenses incidental to the training1 workshop1 or conference1 as applicable4 7,c7 ,use of fees ,amounts collected by the ,secretary in the form of fees under this paragraph may be used to pay for-- 7i7 the costs incurred for conducting an activity described in subparagraph 7,a72 or 7ii7 the expenses described in subparagraph 7,b74 7#c7 ,survey and mapping ,contracts entered into under paragraph 7#a77;,b7 shall be considered surveying and mapping services as such term is used in and as such contracts are awarded by the ,secretary in accordance with the selection procedures in chapter #aa of title #dj1 ,united ,states ,code4 7f7 ,ocean economy ,the ,secretary may establish publically available tools that track ocean and ,great ,lakes economy data for each coastal ,state4 ,b ,integrated ,coastal and ,ocean ,observation ,system #caa4 ,staggered terms for ,national ,integrated ,coastal and ,ocean ,observation ,system ,advisory ,committee ,section #abcjd7;d77#c77;,b7 of the ,integrated ,coastal and ,ocean ,observation ,system ,act of #bjji 7#cc ,u4,s4,c4 #cfjc7;d77#c77;,b77 is amended-- 7#a7 by striking ,members and inserting the following3 7i7 ,in general ,except as provided in clause 7ii71 members 2 and 7#b7 by adding at the end the following3 7ii7 ,staggered terms ,the ,administrator may appoint or reappoint a member for a partial term of #a or #b years in order to establish a system of staggered terms4 ,the ,administrator may appoint or reappoint a member under this clause only once4 ,a member appointed or reappointed to a partial term under this clause may not serve more than one full term4 4 #cab4 ,integrated coastal and ocean observation system cooperative agreements ,section #abcje7;a7 of the ,integrated ,coastal and ,ocean ,observation ,system ,act of #bjji 7#cc ,u4,s4,c4 #cfjd7;a77 is amended by inserting disburse appropriated funds to1 after agreements1 with14 #cac4 ,reauthorization of ,integrated ,coastal and ,ocean ,observation ,system ,act of #bjji ,section #abcaa of the ,integrated ,coastal and ,ocean ,observation ,system ,act of #bjji 7#cc ,u4,s4,c4 #cfaj7 is amended by striking for fiscal years #bjji through #bjac such sums as are necessary and inserting #dg1ejj1jjj for each of fiscal years #bjbj through #bjbd4 #cad4 ,advanced ,research ,projects ,agency-,oceans 7a7 ,agreement ,not later than #de days after the date of the enactment of this section1 the ,administrator shall seek to enter into an agreement with the ,national ,academy of ,sciences to conduct the comprehensive assessment under subsection 7b74 7b7 ,comprehensive assessment 7#a7 ,in general ,under an agreement between the ,administrator and the ,national ,academy of ,sciences under this section1 the ,national ,academy of ,sciences shall conduct a comprehensive assessment of the need for and feasibility of establishing an ,advanced ,research ,projects ,agency-,oceans 7,,arpa-,o74 7#b7 ,elements ,the comprehensive assessment carried out pursuant to paragraph 7#a7 shall include-- 7,a7 an assessment of how an ,,arpa-,o could help overcome the long-term and high-risk technological barriers in the development of ocean technologies1 with the goal of enhancing the economic1 ecological1 and national security of the ,united ,states through the rapid development of technologies that result in-- 7i7 improved data collection1 monitoring1 and prediction of the ocean environment1 including sea ice conditions2 7ii7 overcoming barriers to the application of new and improved technologies1 such as high costs and scale of operational missions2 7iii7 improved management practices for protecting ecological sustainability2 7iv7 improved national security capacity2 7v7 improved technology for fishery population assessments2 7vi7 expedited processes between and among ,federal agencies to successfully identify1 transition1 and coordinate research and development output to operations1 applications1 commercialization1 and other uses2 and 7vii7 ensuring that the ,united ,states maintains a technological lead in developing and deploying advanced ocean technologies2 7,b7 an evaluation of the organizational structures under which an ,,arpa-,o could be organized1 which takes into account-- 7i7 best practices for new research programs2 7ii7 metrics and approaches for periodic program evaluation2 7iii7 capacity to fund and manage external research awards2 and 7iv7 options for oversight of the activity through a ,federal agency1 an interagency organization1 nongovernmental organization1 or other institutional arrangement2 and 7,c7 an estimation of the scale of investment necessary to pursue high priority ocean technology projects4 7c7 ,report ,not later than #ah months after the date of the enactment of this section1 the ,administrator shall submit to ,congress a report on the comprehensive assessment conducted under subsection 7b74 7d7 ,definitions ,in this section1 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 ,administration4 ,,iv ,national ,sea ,grant ,college ,program ,amendments #dja4 ,references to the ,national ,sea ,grant ,college ,program ,act ,except as otherwise expressly provided1 wherever in this title an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aaba et seq474 #djb4 ,modification of ,dean ,john ,a4 ,knauss ,marine ,policy ,fellowship 7a7 ,in general ,section #bjh7;b7 7#cc ,u4,s4,c4 #aabg7;b77 is amended by striking may and inserting shall4 7b7 ,placements in ,congress ,such section is further amended-- 7#a7 in the first sentence1 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7#b7 in paragraph 7#a71 as designated by paragraph 7#a7 of this section1 in the second sentence1 by striking ,a fellowship and inserting the following3 7#b7 ,placement priorities 7,a7 ,in general ,in each year in which the ,secretary awards a legislative fellowship under this subsection1 when considering the placement of fellows1 the ,secretary shall prioritize placement of fellows in the following3 7i7 ,positions in offices of committees of ,congress that have jurisdiction over the ,national ,oceanic and ,atmospheric ,administration4 7ii7 ,positions in offices of ,members of ,congress who are on such committees4 7iii7 ,positions in offices of ,members of ,congress that have a demonstrated interest in ocean1 coastal1 or ,great ,lakes resources4 7,b7 ,equitable distribution 7i7 ,finding and recognition ,congress-- 7,i7 finds that both host offices and fellows benefit when fellows have the opportunity to choose from a range of host offices from different ,states and regions1 both chambers of ,congress1 and both political parties2 and 7,,ii7 recognizes the steps taken by the ,national ,sea ,grant ,college ,program to facilitate an equitable distribution of fellows among the political parties4 7ii7 ,in general ,the ,secretary shall ensure1 to the maximum extent practicable1 that fellows have the opportunity to choose from offices that are described in clauses 7i71 7ii71 and 7iii7 of subparagraph 7,a7 and that are equitably distributed among-- 7,i7 the political parties2 and 7,,ii7 the ,senate and the ,house of ,representatives4 7iii7 ,political and cameral equity ,the ,secretary shall ensure that placements are equitably distributed between-- 7,i7 the political parties2 and 7,,ii7 the ,senate and the ,house of ,representatives4 7#c7 ,duration ,a fellowship 4 7c7 ,effective date ,the amendments made by subsection 7b7 shall apply with respect to the first calendar year beginning after the date of the enactment of this ,act and each fiscal year thereafter4 7d7 ,sense of ,congress concerning ,federal hiring of former fellows ,it is the sense of ,congress that in recognition of the competitive nature of the fellowship under section #bjh7;b7 of the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aabg7;b771 and of the exceptional qualifications of fellowship awardees-- 7#a7 the ,secretary of ,commerce1 acting through the ,under ,secretary of ,commerce for ,oceans and ,atmosphere1 should encourage participating ,federal agencies to consider opportunities for fellowship awardees at the conclusion of their fellowships for workforce positions appropriate for their education and experience2 and 7#b7 ,members and committees of ,congress should consider opportunities for such awardees for such positions4 #djc4 ,modification of authority of ,secretary of ,commerce to accept donations for ,national ,sea ,grant ,college ,program 7a7 ,in general ,section #bjd7;c77#d77;,e7 7#cc ,u4,s4,c4 #aabc7;c77#d77;,e77 is amended to read as follows3 7,e7 accept donations of money and1 notwithstanding section #acdb of title #ca1 ,united ,states ,code1 of voluntary and uncompensated services2 4 7b7 ,priorities ,the ,secretary of ,commerce1 acting through the ,under ,secretary of ,commerce for ,oceans and ,atmosphere1 shall establish priorities for the use of donations accepted under section #bjd7;c77#d77;,e7 of the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aabc7;c77#d77;,e771 and shall consider among those priorities the possibility of expanding the ,dean ,john ,a4 ,knauss ,marine ,policy ,fellowship's placement of additional fellows in relevant legislative offices under section #bjh7;b7 of such ,act 7#cc ,u4,s4,c4 #aabg7;b771 in accordance with the recommendations under subsection 7c7 of this section4 7c7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,national ,sea ,grant ,college ,program1 in consultation with the ,national ,sea ,grant ,advisory ,board and the ,sea ,grant ,association1 shall-- 7#a7 develop recommendations for the optimal use of any donations accepted under section #bjd7;c77#d77;,e7 of the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aabc7;c77#d77;,e772 and 7#b7 submit to ,congress a report on the recommendations developed under paragraph 7#a74 7d7 ,construction ,nothing in this section shall be construed to limit or otherwise affect any other amounts available for marine policy fellowships under section #bjh7;b7 of the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aabg7;b771 including amounts-- 7#a7 accepted under section #bjd7;c77#d77;,f7 of such ,act 7#cc ,u4,s4,c4 #aabc7;c77#d77;,f772 or 7#b7 appropriated under section #bab of such ,act 7#cc ,u4,s4,c4 #aaca74 #djd4 ,repeal of requirement for report on coordination of oceans and coastal research activities ,section #i of the ,national ,sea ,grant ,college ,program ,act ,amendments of #bjjb 7#cc ,u4,s4,c4 #heg-bj7 is repealed4 #dje4 ,reduction in frequency required for ,national ,sea ,grant ,advisory ,board report ,section #bji7;b77#b7 7#cc ,u4,s4,c4 #aabh7;b77#b77 is amended-- 7#a7 in the heading1 by striking ,biennial and inserting ,periodic2 and 7#b7 in the first sentence1 by striking ,the ,board shall report to the ,congress every two years and inserting ,not less frequently than once every #d years1 the ,board shall submit to ,congress a report4 #djf4 ,modification of elements of ,national ,sea ,grant ,college ,program ,section #bjd7;b7 7#cc ,u4,s4,c4 #aabc7;b77 is amended by inserting for research1 education1 extension1 training1 technology transfer1 public service1 after financial assistance4 #djg4 ,direct hire authority2 ,dean ,john ,a4 ,knauss ,marine ,policy ,fellowship 7a7 ,in general ,during fiscal year #bjai and any fiscal year thereafter1 the head of any ,federal agency may appoint1 without regard to the provisions of subchapter ,i of chapter #cc of title #e1 ,united ,states ,code1 other than sections #ccjc and #ccbh of such title1 a qualified candidate described in subsection 7b7 directly to a position with the ,federal agency for which the candidate meets ,office of ,personnel ,management qualification standards4 7b7 ,qualified candidate ,subsection 7a7 applies with respect to a former recipient of a ,dean ,john ,a4 ,knauss ,marine ,policy ,fellowship under section #bjh7;b7 of the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aabg7;b77 who-- 7#a7 earned a graduate or post-graduate degree in a field related to ocean1 coastal1 or ,great ,lakes resources or policy from an institution of higher education accredited by an agency or association recognized by the ,secretary of ,education pursuant to section #dif7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7a772 7#b7 received a ,dean ,john ,a4 ,knauss ,marine ,policy ,fellowship under section #bjh7;b7 of the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aabg7;b77 within #e years before the date the individual is appointed under this section2 and 7#c7 successfully fulfilled the requirements of the fellowship within the executive or legislative branch of the ,united ,states ,government4 #djh4 ,authorization of appropriations for ,national ,sea ,grant ,college ,program 7a7 ,in general ,section #bab7;a7 7#cc ,u4,s4,c4 #aaca7;a77 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this title-- 7,a7 #hg1ebj1jjj for fiscal year #bjbj2 7,b7 #ia1ijj1jjj for fiscal year #bjba2 7,c7 #if1ejj1jjj for fiscal year #bjbb2 7,d7 #aja1cbe1jjj for fiscal year #bjbc2 7,e7 #ajf1chj1jjj for fiscal year #bjbd2 and 7,f7 #aaa1gaj1hac for fiscal year #bjbe4 2 and 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,priority activities for fiscal years #bjbj through #bjbe ,in addition to the amounts authorized to be appropriated under paragraph 7#a71 there are authorized to be appropriated #f1jjj1jjj for each of fiscal years #bjbj through #bjbe for competitive grants for the following3 7,a7 ,university research on the biology1 prevention1 and control of aquatic nonnative species4 7,b7 ,university research on oyster diseases1 oyster restoration1 and oyster-related human health risks4 7,c7 ,university research on the biology1 prevention1 and forecasting of harmful algal blooms4 7,d7 ,university research1 education1 training1 and extension services and activities focused on coastal resilience and ,united ,states working waterfronts and other regional or national priority issues identified in the strategic plan under section #bjd7;c77#a74 7,e7 ,university research and extension on sustainable aquaculture techniques and technologies4 7,f7 ,fishery research and extension activities conducted by sea grant colleges or sea grant institutes to enhance1 and not supplant1 existing core program funding4 4 7b7 ,modification of limitations on amounts for administration ,paragraph 7#a7 of section #bab7;b7 7#cc ,u4,s4,c4 #aaca7;b77 is amended to read as follows3 7#a7 ,administration 7,a7 ,in general ,there may not be used for administration of programs under this title in a fiscal year more than #e4e percent of the lesser of-- 7i7 the amount authorized to be appropriated under this title for the fiscal year2 or 7ii7 the amount appropriated under this title for the fiscal year4 7,b7 ,critical staffing requirements 7i7 ,in general ,the ,director shall use the authority under subchapter ,,vi of chapter #cc of title #e1 ,united ,states ,code1 to meet any critical staffing requirement while carrying out the activities authorized under this title4 7ii7 ,exception from cap ,for purposes of subparagraph 7,a71 any costs incurred as a result of an exercise of authority described in clause 7i7 shall not be considered an amount used for administration of programs under this title in a fiscal year4 4 7c7 ,allocation of funding 7#a7 ,in general ,section #bjd7;d77#c7 7#cc ,u4,s4,c4 #aabc7;d77#c77 is amended-- 7,a7 by striking ,with respect to sea grant colleges and sea grant institutes and inserting ,with respect to sea grant colleges1 sea grant institutes1 sea grant programs1 and sea grant projects2 and 7,b7 in subparagraph 7,b71 by striking funding among sea grant colleges and sea grant institutes and inserting funding among sea grant colleges1 sea grant institutes1 sea grant programs1 and sea grant projects4 7#b7 ,repeal of requirements concerning distribution of excess amounts ,section #bab 7#cc ,u4,s4,c4 #aaca7 is amended-- 7,a7 by striking subsection 7c72 and 7,b7 by redesignating subsections 7d7 and 7e7 as subsections 7c7 and 7d71 respectively4 #dji4 ,technical corrections 7a7 ,section #bjd7;d77#c77;,b7 7#cc ,u4,s4,c4 #aabc7;d77#c77;,b77 is amended by moving clause 7vi7 #b ems to the right4 7b7 ,section #bji7;b7 7#cc ,u4,s4,c4 #aabh7;b771 as amended by this ,act1 is further amended-- 7#a7 in paragraph 7#b71 by striking ,the ,secretary shall and all that follows2 and 7#b7 by adding at the end the following3 7#c7 ,availability of resources of ,department of ,commerce ,the ,secretary shall 4 ,passed the ,house of ,representatives ,december #aj1 #bjai4;,clerk4