,i #aahth ,,congress #b;d ,session ,h4 ,r4 #ajdia ,,in ,,the ,,house ,,of ,,representatives ,december #ah1 #bjbd,mr4 ,huffman 7for himself1 ,ms4 ,bonamici1 ,ms4 ,norton1 ,ms4 ,pingree1 and ,ms4 ,matsui7 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 require the ,administrator of the ,national ,oceanic and ,atmospheric ,administration to establish a ,blue ,carbon ,program to conserve and restore blue carbon ecosystems1 and for 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 for the purposes of conserving and restoring fish and wildlife habitat and improving coastal resilience1 including developing ways to incorporate ecosystem services from coastal and marine carbon storage into domestic and international policies1 programs1 and activities4 7b7 ,activities ,in carrying out the ,program1 the ,administrator shall carry out the following activities3 7#a7 ,collaborate with ,federal agencies1 ,state agencies1 ,indian ,tribes1 and non-governmental organizations with regard to research1 restoration1 and protection efforts relating to blue carbon ecosystems4 7#b7 ,develop a database of blue carbon stocks1 inputs1 and storage potential trends in the ,united ,states4 7#c7 ,explore the feasibility of using market-based financing mechanisms1 such as a blue carbon credit market1 as tools to support protection and restoration initiatives for blue carbon ecosystems1 including research on types of such mechanism1 development of protocols1 and the efficacy of each such mechanism as a tool for protecting blue carbon 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 the blue carbon storage potential of ecosystems1 including best practices for quantification1 verification1 storage trends1 and storage permanence4 7#f7 ,quantify current total and net carbon sequestration and carbon storage in coastal and marine areas4 7#g7 ,project future total and net blue 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 and will be subject to habitat change as a result of climate change and development4 7#i7 ,quantify co-benefits of protecting and restoring blue carbon ecosystems1 including-- 7,a7 flood risk reduction2 7,b7 habitat for and benefit to-- 7i7 endangered and threatened species2 and 7ii7 commercial and recreational fisheries2 7,c7 improved water quality2 7,d7 cycling of nutrients other than carbon2 and 7,e7 any other economic or societal benefit the ,administrator determines appropriate4 7#aj7 ,assess regional and national environmental and socioeconomic impacts of blue carbon sequestration and storage4 7#aa7 ,research innovative techniques for effective1 long-term natural blue carbon sequestration and storage1 including variability in effectiveness and risk of reversal4 7#ab7 ,identify coastal and marine areas of particularly high potential for carbon sequestration and high rates of carbon storage4 7#ac7 ,assess legal issues of landownership and leases in blue carbon markets and develop guidelines to help landowners navigate the requirements of blue carbon markets4 7#ad7 ,assess the impacts of protection and restoration efforts in blue carbon ecosystems on methane emissions4 #c4 ,blue ,carbon ,partnership ,grant ,program 7a7 ,establishment ,the ,administrator shall establish a competitive grant program1 to be known as the ,blue ,carbon ,partnership ,grant ,program1 to award amounts to eligible entities to carry out projects that protect1 restore1 or research blue carbon stocks or blue carbon ecosystems and increase the long-term carbon sequestration and carbon storage of marine and coastal ecosystems4 7b7 ,requirements ,in carrying out the grant program1 the ,administrator shall develop-- 7#a7 criteria for the selection of eligible entities to be awarded amounts under the grant program2 7#b7 guidelines for the use by eligible entities of awarded amounts and any contracts relating to the use of such amounts2 7#c7 reporting requirements for eligible entities that are awarded amounts under the grant program2 and 7#d7 metrics to evaluate the effectiveness of the use by eligible entities of any awarded amounts4 7c7 ,applications ,to be eligible for a grant under this section1 an eligible entity shall submit to the ,administrator an application in such form1 at such time1 and containing such information as the ,administrator determines appropriate4 7d7 ,priority ,in awarding amounts under the grant program1 the ,administrator shall give priority to applications from eligible entities that propose projects that the ,administrator determines will result in long-term protection and sequestration of carbon stored in coastal and marine environments1 and would-- 7#a7 protect key habitats for fish1 wildlife1 and the maintenance of biodiversity2 7#b7 provide coastal protection from development1 storms1 flooding1 and land-based pollution2 7#c7 protect coastal resources of national1 historical1 or cultural significance2 7#d7 benefit communities of color1 low-income communities1 ,tribal or ,indigenous communities1 or rural communities2 or 7#e7 capitalize on public-private partnerships established before the date of the enactment of this section4 7e7 ,acreage goal ,to the maximum extent possible1 the ,administrator shall award amounts under the grant program to eligible entities to carry out projects to protect and restore blue carbon ecosystems on at least #a1ejj1jjj acres over #aj years4 7f7 ,report ,the ,administrator shall annually submit to ,congress1 and make available to the public1 a report regarding the grant program1 including an analysis1 by ,state1 of the-- 7#a7 total number of acres of land and water protected or restored through fee title acquisition1 easement1 restoration1 or other activities carried out under the grant program2 7#b7 status of each project carried out using amounts awarded under the grant program2 and 7#c7 amount of blue carbon captured or protected over a #ajj-year time period as a result of the grant program4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #cjj1jjj1jjj for each of fiscal years #bjbe to #bjbi4 #d4 ,blue carbon areas of significance 7a7 ,in general ,the ,administrator shall1 based on the guidelines established under subsection 7b71 identify for designation as a blue carbon area of significance under subsection 7c7 each area that-- 7#a7 is within the-- 7,a7 coastal zone2 7,b7 territorial waters of the ,united ,states2 or 7,c7 exclusive economic zone of the ,united ,states2 7#b7 contains water1 a substrate1 or an ecosystem that provides for significant amounts of long-term carbon sequestration and carbon storage and-- 7,a7 limits erosion and facilitates future landward migration of coastal wetlands2 7,b7 provides a buffer against storm surge1 especially for communities of color1 low-income communities1 and ,tribal and ,indigenous communities2 or 7,c7 provides a spawning1 breeding1 feeding1 or nesting habitat for fish or wildlife2 and 7#c7 is not exclusive of coastal or other resources that are significant in for mitigating or adapting to climate change4 7b7 ,guidelines 7#a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,administrator shall1 by regulation and based on the best available science1 establish guidelines to describe and identify-- 7,a7 blue carbon areas of significance2 and 7,b7 measures to ensure the protection of blue carbon areas of significance4 7#b7 ,review and update ,the ,administrator shall review and update the guidelines established under paragraph 7#a7 not less frequently than once every #e years or when new information warrants such a review and update4 7c7 ,designation 7#a7 ,in general ,the ,administrator shall designate as a blue carbon area of significance each area identified under subsection 7a74 7#b7 ,initial designations ,not later than #a year after the date on which the guidelines required under subsection 7b7 are established1 the ,administrator shall make initial designations of any blue carbon area of significance in each coastal ,state4 7d7 ,schedule ,the ,administrator shall establish a schedule-- 7#a7 for the identification of blue carbon areas of significance under subsection 7a72 7#b7 to review and update the guidelines established under subsection 7b72 and 7#c7 to make designations under subsection 7c74 7e7 ,recommendations and information ,the ,administrator shall1 with respect to each blue carbon area of significance1 provide recommendations and information regarding-- 7#a7 adverse impacts and threats to the carbon storage1 ecosystem services1 and habitat capacity of the blue carbon area of significance2 and 7#b7 the actions that should be considered to avoid such adverse impacts and threats and ensure the conservation and enhancement of the blue carbon area of significance4 7f7 ,requirements for ,federal agencies 7#a7 ,in general ,a ,federal agency that proposes an action that has the potential to cause an adverse impact to the carbon storage1 carbon sequestration1 ecosystem services1 or habitat capacity of a blue carbon area of significance shall notify the ,administrator of such proposed action4 7#b7 ,determination of adverse impact ,upon notification under paragraph 7#a71 the ,administrator1 in consultation with the head of the notifying ,federal agency1 shall determine whether the proposed action that is the subject of the notification will cause an adverse impact described in that paragraph to a blue carbon area of significance4 7#c7 ,alternative action 7,a7 ,in general ,if the ,administrator determines1 under paragraph 7#b71 that a proposed action that is the subject of a notification under paragraph 7#a7 will cause an adverse impact described in that paragraph to a blue carbon area of significance1 the head of the notifying ,federal agency1 in consultation with the ,administrator1 shall determine whether there is an available alternative action that will prevent the adverse impact and fulfill the purpose of the proposed action4 7,b7 ,alternative action available ,if the head of the notifying ,federal agency determines1 under subparagraph 7,a7 that there is an available alternative action described in that subparagraph1 the notifying ,federal agency may not take the proposed action4 7,c7 ,alternative action not available ,if the head of the notifying ,federal agency determines1 under subparagraph 7,a7 that there is no available alternative action described in that subparagraph1 the notifying ,federal agency shall-- 7i7 in consultation with the ,administrator1 take measures to mitigate the adverse impact2 7ii7 take such action as the ,administrator determines necessary to create a marine blue carbon and blue carbon ecosystem storage offset that1 taken in conjunction with the proposed action1 will result in a long-term net increase in carbon storage1 lasting an equivalent time period as the carbon storage lost by the adverse impact2 7iii7 demonstrate quantitatively1 using the best available science1 that the carbon storage offset created under clause 7ii7-- 7,i7 will result in a net increase in biological carbon storage2 and 7,,ii7 is located in close proximity to the original site to keep the affected communities whole2 and 7iv7 maintain such carbon storage offset for a period of time to be determined by the ,administrator that is not less than #ajj years4 7g7 ,required restrictions ,a ,federal agency may only enter into a lease1 easement1 right-of-way1 or sale that involves an area designated as a blue carbon area of significance if the ,federal agency attaches such restrictions to the use of the area as the ,administrator determines appropriate to protect the blue carbon area of significance4 7h7 ,requirement for authorization or appropriation ,each request 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 blue carbon area of significance1 a certification that the ,federal agency will use such authorization or appropriation in compliance with this section4 7i7 ,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 an area that is subject to a prohibition on all bottom-tending fishing gear shall not be treated as a proposed action that is subject to subsection 7f74 7j7 ,use of certain programs ,the ,administrator shall use programs administered by the ,administrator to carry out this section and ensure the conservation and enhancement of each blue carbon area of significance4 #e4 ,federal coastal and marine restoration and protection activities 7a7 ,in general ,the ,director of the ,united ,states ,fish and ,wildlife ,service1 the ,director of the ,national ,park ,service1 and the ,administrator shall each conduct coastal and marine restoration and protection activities on land and water managed by each such agency sufficient to achieve at least #a of the following3 7#a7 ,the sequestration of additional atmospheric carbon dioxide through-- 7,a7 the restoration of degraded blue carbon ecosystems2 and 7,b7 the protection of threatened blue carbon ecosystems4 7#b7 ,the halting of ongoing carbon dioxide emissions within the area in which the activities are carried out1 and the resumption of the natural rate of carbon sequestration of the area1 through the restoration of drained coastal wetlands4 7#c7 ,the halting of ongoing methane emissions within the area in which the activities are carried out1 and the resumption of the natural rate of carbon sequestration of the area1 through the restoration of impounded wetlands4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to each of the ,director of the ,united ,states ,fish and ,wildlife ,service1 the ,director of the ,national ,park ,service1 and the ,administrator to carry out this section #bjj1jjj1jjj for each of fiscal years #bjbe through #bjbi4 #f4 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out sections #a through #e of this ,act #af1jjj1jjj for each of fiscal years #bjbe to #bjbi4 #g4 ,definitions ,in this ,act3 7#a7 ,administrator ,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 7#b7 ,biological carbon storage ,the term biological carbon storage means the storage of atmospheric carbon dioxide in vegetation1 soils1 woody products1 and aquatic environments4 7#c7 ,blue carbon ,the term blue carbon means atmospheric carbon dioxide sequestered by the ocean or a blue carbon ecosystem4 7#d7 ,blue carbon area of significance ,the term blue carbon area of significance means an area designated by the ,administrator under section #d as a blue carbon area of significance4 7#e7 ,blue carbon ecosystem ,the term blue carbon ecosystem means a vegetated coastal habitat1 including mangroves1 tidal marshes1 seagrasses1 kelp forests1 and other tidal- or salt-water wetlands1 that has the capacity to sequester atmospheric carbon dioxide for a period of not less than #ajj years4 7#f7 ,blue carbon stocks ,the term blue carbon stocks means coastal and marine vegetation and wildlife1 and underlying sediment1 that have the capacity to sequester and store atmospheric carbon dioxide4 7#g7 ,carbon sequestration ,the term carbon sequestration means the process of capturing and storing atmospheric carbon dioxide4 7#h7 ,carbon sink ,the term carbon sink means a natural or artificial system that absorbs more atmospheric carbon dioxide than it releases4 7#i7 ,carbon storage ,the term carbon storage means the storing of sequestered atmospheric carbon dioxide out of the atmosphere in biogenic material or sediment4 7#aj7 ,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#aa7 ,coastal zone ,the term coastal zone has the meaning given the term in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec74 7#ab7 ,ecosystem services ,the term ecosystem services means the direct and indirect benefits that ecosystems provide to humans4 7#ac7 ,eligible entity ,the term eligible entity means-- 7,a7 a private landowner or group of landowners2 7,b7 a ,state agency that manages 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 subparagraphs 7,a7 through 7,f74 7#ad7 ,grant program ,the term grant program means the ,blue ,carbon ,partnership ,grant ,program established under section #c7;a74 7#ae7 ,impounded wetland ,the term impounded wetland means an area that was a tidal wetland but1 as a result of a loss of tidal connectivity1 has become a freshwater wetland4 7#af7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#ag7 ,marine blue carbon ,the term marine blue carbon means carbon dioxide sequestered in pelagic and deep sea ecosystems1 including in sediments and through the ecosystem impacts of marine wildlife4 7#ah7 ,program ,the term ,program means the ,blue ,carbon ,program established under section #b7;a74