,i #aagth ,,congress #ast ,session ,h4 ,r4 #cijf ,,in ,,the ,,house ,,of ,,representatives ,june #ae1 #bjba,mr4 ,huffman 7for himself1 ,mr4 ,cleaver1 ,mr4 ,grijalva1 ,ms4 ,bonamici1 ,ms4 ,matsui1 ,mr4 ,cohen1 ,mr4 ,mc,govern1 ,ms4 ,norton1 and ,mr4 ,case7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,science1 ,space1 and ,technology1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a ,blue ,carbon program to conserve and restore marine and coastal blue carbon ecosystems1 and other purposes4 #a4 ,short title ,this ,act may be cited as the ,blue ,carbon ,protection ,act4 #b4 ,blue ,carbon ,program 7a7 ,establishment ,the ,administrator shall establish and maintain a ,blue ,carbon ,program within the ,national ,oceanic and ,atmospheric ,administration for the purposes of furthering conservation objectives for fish and wildlife habitat conservation and restoration and coastal resilience including the development of ways to incorporate ecosystem services from carbon storage into existing domestic and international policies1 programs1 and activities4 7b7 ,additional authority ,in conducting the ,program1 the ,administrator may enter into and perform such contracts1 leases1 grants1 or cooperative agreements as may be necessary to carry out the purposes of this subtitle on such terms as ,administrator considers appropriate4 7c7 ,activities ,the ,administrator shall conduct the following activities3 7#a7 ,collaborate with ,federal agencies1 ,state agencies1 ,tribes1 and non-governmental organizations on research1 restoration1 and protection efforts relating to blue carbon ecosystems4 7#b7 ,develop a database of blue carbon stocks and fluxes in the ,united ,states4 7#c7 ,assist in exploration of the potential for a market for carbon credits and other financial instruments for protection and restoration initiatives1 including research1 development of protocols1 and evaluation of protocols and the efficacy of blue carbon markets as a tool for protecting ecosystems4 7#d7 ,raise awareness of blue carbon ecosystems as a tool to further conservation objectives through education and extension activities4 7#e7 ,use existing models or develop new models to assess blue carbon storage potential that include quantification1 verifiability1 additionality as compared to a historical baseline1 and permanence of those benefits4 7#f7 ,quantify current total and net ecosystem carbon storage and sequestration in coastal and marine areas4 7#g7 ,project future total and net ecosystem carbon storage and sequestration under different scenarios influenced by human population growth1 sea level rise1 and other system-wide changes4 7#h7 ,protect and restore habitats1 waters1 and organisms that are long-term carbon sinks or will be subject to habitat change as a result of climate change and development4 7#i7 ,quantify co-benefits of blue carbon ecosystems1 including flood risk reduction1 habitat protection and restoration for endangered and threatened species1 habitat protection and restoration for commercial and recreational fisheries1 water quality improvements1 habitat maintenance and restoration1 cycling of nutrients other than carbon1 commercial and recreational fishing and boating benefits4 7#aj7 ,assess regional and national ecosystem and socioeconomic impacts of carbon sequestration and storage4 7#aa7 ,research variability1 long-term storage1 and innovative techniques for effective1 long-term1 natural ocean or coastal ecosystem-based carbon sequestration4 7#ab7 ,identify areas of particularly high rates of carbon sequestration and storage4 7#ac7 ,assess legal issues of landownership and leases in blue carbon markets1 and develop guidelines to help landowners navigate the requirements of such markets4 #c4 ,blue ,carbon ,partnership ,grant ,program 7a7 ,establishment ,the ,administrator shall establish a competitive grant program entitled the ,blue ,carbon ,partnership ,grant ,program to1 beginning not later than #b years after the date of enactment of this ,act1 provide funds to eligible entities for projects that protect and restore blue carbon stocks1 oceanic blue carbon1 and blue carbon ecosystems and increase the long-term carbon storage and sequestration4 7b7 ,eligible recipients ,a person or entity is eligible to receive a grant under the grant program if such person is-- 7#a7 a voluntary private landowner or group of landowners2 7#b7 a ,state agency responsible for managing natural resources or wildlife2 7#c7 an ,indian ,tribe2 7#d7 a unit of local government2 7#e7 a nonprofit organization or land trust2 7#f7 an institution of higher education and research2 or 7#g7 any group of entities described in paragraphs 7#a7 through 7#f74 7c7 ,requirements ,in administering the grant program under this section1 the ,secretary shall develop criteria for the selection of recipients1 guidelines for use of grant funds and any contracts relating to the use of such funds1 reporting requirements for recipients1 and metrics for evaluating the effectiveness of the use of grant funds4 7d7 ,selection criteria ,in evaluating applications for the program from eligible entities1 the ,administrator shall give priority to proposed eligible protection and restoration activities that-- 7#a7 would result in long-term protection and sequestration of carbon stored in coastal and marine environments2 and 7#b7 7,a7 would protect key habitats for fish1 wildlife1 and the maintenance of biodiversity2 7,b7 would provide coastal protection from development1 storms1 flooding1 and land-based pollution2 7,c7 would protect coastal resources of national1 historical1 and cultural significance2 7,d7 would benefit communities of color1 low-income communities1 ,tribal or ,indigenous communities1 or rural communities2 or 7,e7 would capitalize on existing established public_/private partnerships4 7e7 ,report to ,congress 7#a7 ,report required ,the ,administrator shall submit annually to ,congress a report containing a ,state-by-,state analysis of-- 7,a7 the total number of acres of land or water protected or restored through fee title acquisition1 easement1 restoration or other activities under the program2 7,b7 the status of restoration projects under this program2 and 7,c7 the amount of blue carbon captured or protected over a #ajj-year time period as a result of this program4 7#b7 ,publication of report ,the ,administrator shall make available to the public each report required by paragraph 7#a74 7f7 ,acreage requirements ,to the maximum extent practicable1 the ,secretary of ,commerce shall award grants under the grant program to conduct blue carbon ecosystem protection and restoration on #a1ejj1jjj acres over #aj years4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator #cjj1jjj1jjj for each of the fiscal years #bjbb to #bjbf to carry out this section4 #d4 ,blue carbon areas of significance 7a7 ,designation ,the ,administrator1 consistent with this section1 shall designate as a blue carbon area of significance any area that is-- 7#a7 in the coastal zone 7as such term is defined in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec771 in territorial waters of the ,united ,states1 or in the exclusive economic zone2 7#b7 the location of water1 a substrate1 or an ecosystem that-- 7,a7 provides for long-term storage and sequestration of significant amounts of ecosystem carbon2 and 7,b7 7i7 limits erosion and facilitates future landward migration2 7ii7 provides a buffer against storm surge1 especially for communities of color1 low-income communities1 and ,tribal and ,indigenous communities2 or 7iii7 provides a spawning1 breeding1 feeding1 or nesting habitat for wildlife2 and 7#c7 not exclusive of coastal or other resources that are significant in for mitigating or adapting to climate change4 7b7 ,guidelines ,the ,administrator shall1 not later than #a year after the date of enactment of this ,act1 establish by regulation guidelines based on the best available science to describe and identify blue carbon areas of significance and measures to ensure the protection of blue carbon areas of significance4 7c7 ,review and update ,the ,administrator shall review and update guidelines established under subsection 7b7 not less frequently than once every #e years or when new information warrants such an update4 7d7 ,schedule ,the ,administrator shall establish a schedule for the identification of blue carbon areas of significance under subsection 7b7 and for reviews and updates under subsection 7c71 and shall make initial designations of a blue carbon area of significance in each coastal ,state not later than #a year after the date of enactment of this ,act4 7e7 ,recommendations and information ,the ,administrator shall1 with respect to each coastal carbon area of significance1 provide recommendations and information regarding the adverse impacts and threats to the carbon storage1 ecosystem services1 and habitat capacity of the area1 and the actions that should be considered to avoid adverse impacts and ensure the conservation and enhancement of that area4 7f7 ,programs administered by the ,secretary of ,commerce ,the ,administrator shall use programs administered by the ,secretary of ,commerce to carry out this section and ensure the conservation and enhancement of each blue carbon area of significance4 7g7 ,requirements for ,federal actions ,with respect to any proposed agency action that has the potential to cause an adverse impact on the carbon storage1 carbon sequestration1 ecosystem services1 or habitat capacity of any blue carbon area of significance1 each ,federal agency shall comply with the following requirements3 7#a7 ,notification ,such ,federal agency shall notify the ,administrator of such proposed agency action4 7#b7 ,determination of adverse impact ,the ,administrator1 in consultation with the proposing agency and subject to public comment1 shall determine whether the proposed agency action will cause an adverse impact on the carbon storage1 carbon sequestration1 ecosystem1 or habitat of a blue carbon area of significance4 7#c7 ,alternative ,with respect to any proposed action the ,administrator determines will have an adverse impact under paragraph 7#b71 the proposing agency1 in consultation with the ,administrator1 shall determine whether there is an alternative action that would prevent such adverse impact and fulfill the purpose of the proposed action4 ,the proposing agency shall not take an action that would cause an adverse impact if an alternative that would not cause such adverse impact is available and would fulfill the purpose of such action4 7#d7 ,carbon storage offsets ,with respect to a proposed action for which the agency determines no alternative is available under paragraph 7#c71 the proposing agency shall-- 7,a7 in consultation with the ,administrator1 take measures to mitigate such adverse impact2 7,b7 take such action as the ,administrator determines necessary to create a coastal or marine blue carbon ecosystem storage offset that1 taken in conjunction with the proposed action1 results in a long term net increase in carbon storage1 lasting an equivalent time period as the carbon storage lost by the adverse impact2 7,c7 demonstrate quantitatively1 using the best available science1 that the carbon storage offset will result in a net increase in ecological carbon storage and is located in close proximity to the original site to keep the affected communities whole2 7,d7 maintain such carbon storage offset for a period of time to be determined by the ,administrator but not less than #ajj years2 and 7,e7 publish the agency's proposed course of mitigation in the ,federal ,register for public notice and comment4 7h7 ,requirement for authorization or appropriation ,any requests for a new authorization or appropriation from a ,federal agency transmitted to the ,office of ,management and ,budget shall include1 if such authorization or appropriation may affect a coastal carbon area of significance1 a certification that such agency will use such authorization or appropriation in compliance with this section4 7i7 ,required restrictions ,a ,federal agency may not enter into a lease1 easement1 right-of-way1 or sale of any land designated as a blue carbon area of significance unless such agency attaches appropriate restrictions to the use of the property to protect the blue carbon area of significance4 7j7 ,exception ,preparation1 revision1 implementation1 or enforcement of a fishery management plan under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 that applies to area that is subject to a prohibition on all bottom-tending fishing gear shall not be treated as an action that is subject to subsection 7g74 7k7 ,rules of construction ,nothing in this ,act shall be construed to affect the application of the requirements of section #djd of the ,clean ,water ,act 7#cc ,u4,s4,c4 #acdd71 the ,national ,environmental ,policy ,act1 or any regulations issued under any such section or such ,act4 #e4 ,federal coastal and marine blue carbon restoration and protections2 funding 7a7 ,in general ,the ,secretary of the ,interior shall conduct coastal and marine restoration and protection activities on land and water managed by the ,director of the ,united ,states ,fish and ,wildlife ,service or the ,director of the ,national ,park ,service2 and the ,administrator shall conduct coastal and marine restoration and protection activities on land and water managed by the ,administrator to achieve at least #a of the following3 7#a7 ,the sequestration of additional carbon dioxide through-- 7,a7 the active restoration of degraded blue carbon ecosystems2 and 7,b7 the protection of threatened blue carbon ecosystems4 7#b7 ,the halting of ongoing carbon dioxide emissions1 and the resumption of the natural rate of carbon capture1 through the restoration of drained coastal wetlands4 7#c7 ,the halting of ongoing methane emissions1 and the resumption of the natural rate of carbon storage1 through the restoration of formerly tidal wetland that has lost tidal connectivity and become fresh wetland 7commonly known as impounded wetland74 7b7 ,funding ,for each fiscal year #bjbb through #bjbf1 there is authorized to be appropriated-- 7#a7 for blue carbon ecosystem protection and restoration on land managed by the ,director of the ,united ,states ,fish and ,wildlife ,service #bjj1jjj1jjj2 7#b7 for blue carbon ecosystem protection and restoration on land managed by the ,director of the ,national ,park ,service #bjj1jjj1jjj2 and 7#c7 for blue carbon ecosystem protection and restoration on land and water managed by the ,administrator #bjj1jjj1jjj4 #f4 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator #af1jjj1jjj for each of the fiscal years #bjbb to #bjbf to carry out this ,act4 #g4 ,definitions ,in this ,act-- 7#a7 the term ,administrator means the ,secretary of ,commerce acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7#b7 the term blue carbon area of significance means any area designated by the ,administrator under section #d as a blue carbon area of significance2 7#c7 the term blue carbon ecosystem means vegetated coastal habitats including mangroves1 tidal marshes1 seagrasses1 kelp forests1 and other tidal or salt-water wetlands that have the capacity to sequester carbon from the atmosphere for a period of not less than #ajj years2 7#d7 the term blue carbon stocks means coastal and marine vegetation and underlying sediment that has the capacity to sequester and store atmospheric carbon2 7#e7 the term carbon sequestration means the process of capturing and storing atmospheric carbon dioxide2 7#f7 the term carbon storage means sequestered carbon that remains out of the atmosphere1 stored either in biogenic material or sediments2 and 7#g7 the term marine blue carbon means the sequestration of carbon in pelagic and deep sea ecosystems1 including in sediments and through the ecosystem impacts of marine wildlife4