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Title III — Coastal wetland

S. 2452 · 116th Congress · Sep 10, 2019 · Lineage

III Coastal wetland

Sec. 301 Definitions

In this title:
(1)
Administrator— The term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration.
(2)
Coastal wetland— The term coastal wetland means estuarine vegetated coastal habitat, including salt marsh, seagrass, mangrove, and other vegetated marine habitats.
(3)
Indian Tribe— The term Indian Tribe has the meaning given the term “Indian tribe” in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(4)
Institution of higher education— The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(5)
Natural infrastructure— The term natural infrastructure means infrastructure that—
(A)
uses, restores, or emulates natural ecological processes; and
(B)
(i)
is created through the action of natural physical, geological, biological, and chemical processes over time;
(ii)
is created by human design, engineering, and construction to emulate or act in concert with natural processes; or
(iii)
involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the area.
(6)
Nonprofit organization— The term nonprofit organization means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.
(7)
Program— The term Program means the Coastal and Estuary Resilience Grant Program as established by section 302.
(8)
Restoration— The term restoration means renewing, enhancing, or replacing degraded, damaged, vulnerable, or destroyed wetlands to improve the ecosystem function and resilience through active human intervention and action, such as—
(A)
improving hydrological conditions (such as by removing tidal barriers, improving connectivity, or changing water levels);
(B)
altering sediment supply (such as through the beneficial use of dredge material, thin-layer spraying, or reconnecting river sediment);
(C)
changing salinity characteristics;
(D)
improving water quality (such as by reducing excess nutrients, sedimentation, or contaminants);
(E)
planting of native plants, removal of invasive species, and other improved management practices;
(F)
controlling erosion of wetland edges; and
(G)
enabling future inland migration as sea levels rise, including through the enhancement of adjacent fresh water wetlands.
(9)
State— The term State means a State, the District of Columbia, or any territory or possession of the United States.

Sec. 302 Coastal and Estuary Resilience Grant Program

(a)
Establishment— The Secretary of Commerce shall establish a program, to be known as the “Coastal and Estuary Resilience Grant Program”, under which the Secretary awards grants to entities that are eligible under subsection (b) to fund coastal wetland restoration projects that are eligible under subsection (c).
(b)
Eligible entities— An entity is eligible to apply for a grant under the Program if the entity is an institution of higher education, a nonprofit organization, a State or local government, or an Indian Tribe.
(c)
Eligible projects— A project is eligible for a grant under the Program if the project is designed to reduce net greenhouse gases through one of the following:
(1)
The sequestration of additional carbon dioxide through—
(A)
the active restoration of degraded coastal wetland; and
(B)
the protection of threatened coastal wetland.
(2)
The halting of ongoing carbon dioxide emissions, and the resumption of the natural rate of carbon capture, through the restoration of drained coastal wetland.
(3)
The halting of ongoing methane emissions, and the resumption of the natural rate of carbon storage, through the restoration of formerly tidal wetland that has lost tidal connectivity and become fresh wetland (commonly known as impounded wetland).
(d)
Grant evaluation criteria— In reviewing applications for grants under the Program, the Secretary shall give priority to projects that exhibit the highest potential to—
(1)
mitigate greenhouse gas emissions by—
(A)
reducing greenhouse gas emissions; or
(B)
capturing and storing greenhouse gases;
(2)
reinforce ecosystem resilience and adaptation by—
(A)
preparing for sea level rise in order to reduce vulnerability to sea level rise and erosion;
(B)
supporting resilience against flooding and sea level rise; or
(C)
restoring or enhancing ecosystem function; or
(3)
provide economic and social co-benefits by—
(A)
reducing the potential impact and damage of storms on the built environment;
(B)
advancing environmental justice by reducing the disproportionate impacts of environmental hazards on communities of color, indigenous communities, and low-income communities;
(C)
providing jobs in coastal communities;
(D)
including elements of natural infrastructure;
(E)
incorporating collaborative partnerships; or
(F)
involving local communities in project planning and implementation.
(e)
Matching funds—
(1)
Inclusion in applications— An eligible entity under subsection (b) may include in an application for a grant under the Program a commitment to provide non-Federal resources (including in-kind contributions and volunteer hours) to match the amount of grant.
(2)
Consideration— In reviewing an application for a grant under the Program, the Secretary may consider the inclusion of a commitment under paragraph (1) but may not require such a commitment as a condition of receiving a grant.
(f)
Eligible costs— A grant awarded under the Program shall be available for all phases of the development, implementation, and monitoring of projects that are eligible under subsection (c), including—
(1)
preliminary community engagement, planning, and prioritization;
(2)
preliminary design and site assessment, including—
(A)
assessments of feasibility;
(B)
planning; and
(C)
community engagement;
(3)
final design and permitting;
(4)
restoration and project implementation; and
(5)
monitoring, reporting, and stewardship.
(g)
Reporting—
(1)
In general— An entity that receives a grant under the Program for a project shall—
(A)
collect data on the development and implementation of the project and stewardship following completion of the project; and
(B)
submit that data to the Administrator for inclusion in the database required by section 303(a).
(2)
Report after project completion— Not later than 1 year after the completion of a project for which a grant is provided under the Program, the entity that received the grant shall submit to the Administrator a report on the outputs, outcomes, and impacts of the project, including with respect to—
(A)
the amount of area restored;
(B)
the estimated net climate benefit;
(C)
benefits to nearby communities; and
(D)
involvement of partners and communities.
(h)
Monitoring— The Secretary shall establish guidelines providing for monitoring a project for which a grant is provided under the Program for the 10-year period after the grant is awarded.
(i)
Role of National Fish and Wildlife Foundation— In carrying out the Program, the Secretary may consult, partner, or otherwise coordinate with the National Fish and Wildlife Foundation established by section 2(a) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701(a)).

Sec. 303 Data collection

(a)
Database—
(1)
In general— The Administrator shall maintain a coastal wetland restoration database to collect information about projects that receive grants under the Program.
(2)
Design— The Administrator shall design the database required by paragraph (1) to collect performance metrics on the development and implementation of projects that receive grants under the Program and stewardship following completion of such projects to evaluate the success of those projects and inform the design of future projects in an adaptive manner.
(3)
Included metrics— The database required by paragraph (1) shall include standardized metrics for reporting such as—
(A)
acres restored, protected, or created;
(B)
habitat type;
(C)
restoration technique;
(D)
estimated net greenhouse gas reduction effect;
(E)
jobs created;
(F)
quantified ecosystem services; and
(G)
other metrics selected by the Administrator.
(4)
Public availability— The Administrator shall make products of the database publicly available and disseminate important findings to the public.
(b)
Inventory of coastal wetland— The Administrator shall compile an inventory of coastal wetland.

Sec. 304 Outreach and technical assistance

The Administrator shall establish a technical assistance program to help entities outside of the National Oceanic and Atmospheric Administration in all phases of coastal wetland restoration project work, including outreach to potential applicants for grants under section 302.

Sec. 305 Annual restoration and funding

(a)
Acreage requirements— To the maximum extent practicable, the Secretary of Commerce shall award grants under the Program to conduct coastal wetland restoration on 1,500,000 acres over 10 years, as follows:
(1)
On 50,000 acres in each of fiscal years 2021 and 2022.
(2)
On 100,000 acres in each of fiscal years 2023 and 2024.
(3)
On 150,000 acres in each of fiscal years 2025 and 2026.
(4)
On 225,000 acres in fiscal year 2027 and each fiscal year thereafter.
(b)
Funding—
(1)
In general— On October 1 of each fiscal year, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Commerce to provide grants under the Program, to remain available until expended—
(A)
$1,250,000,000 for each of fiscal years 2021 and 2022;
(B)
$2,500,000,000 for each of fiscal years 2023 and 2024;
(C)
$3,750,000,000 for each of fiscal years 2025 and 2026; and
(D)
$5,625,000,000 for each of fiscal years 2027 through 2030.
(2)
Receipt and acceptance— The Secretary of Commerce shall be entitled to receive, shall accept, and shall use to provide grants under the Program in accordance with paragraph (1) the funds transferred under that paragraph, without further appropriation.
(c)
Supplement not supplant— The amount authorized to be appropriated by subsection (a) shall supplement and not supplant other amounts available to the Secretary of Commerce.

Sec. 306 Prevailing wage requirement

Any contractor or subcontractor entering into a service contract in connection with a project under the Program shall—
(1)
be treated as a Federal contractor or subcontractor for purposes of chapter 67 of title 41, United States Code (commonly known as the “McNamara-O'Hara Service Contract Act of 1965”); and
(2)
pay each class of employee employed by the contractor or subcontractor wages and fringe benefits at rates in accordance with prevailing rates for the class in the locality, or, where a collective-bargaining agreement covers the employee, in accordance with the rates provided for in the agreement, including prospective wage increases provided for in the agreement.

Sec. 307 Department of the Interior coastal wetland restoration; funding

(a)
In general— The Secretary of the Interior shall conduct coastal wetland restoration on land managed by the Secretary of the Interior to achieve at least 1 of the following:
(1)
The sequestration of additional carbon dioxide through—
(A)
the active restoration of degraded coastal wetland; and
(B)
the protection of threatened coastal wetland.
(2)
The halting of ongoing carbon dioxide emissions, and the resumption of the natural rate of carbon capture, through the restoration of drained coastal wetland.
(3)
The halting of ongoing methane emissions, and the resumption of the natural rate of carbon storage, through the restoration of formerly tidal wetland that has lost tidal connectivity and become fresh wetland (commonly known as impounded wetland).
(b)
Acreage requirements— To the maximum extent practicable, the Secretary of the Interior shall conduct coastal wetland restoration under subsection (a)—
(1)
on land managed by the Director of the United States Fish and Wildlife Service—
(A)
on 10,000 acres in each of fiscal years 2021 and 2022;
(B)
on 20,000 acres in each of fiscal years 2023 and 2024; and
(C)
on 30,000 acres in fiscal year 2025 and each fiscal year thereafter; and
(2)
on land managed by the Director of the National Park Service—
(A)
on 10,000 acres in each of fiscal years 2021 and 2022;
(B)
on 20,000 acres in each of fiscal years 2023 and 2024;
(C)
on 40,000 acres in each of fiscal years 2025 and 2026;
(D)
on 80,000 acres in each of fiscal years 2027 and 2028; and
(E)
on 160,000 acres in fiscal year 2029 and each fiscal year thereafter.
(c)
Funding—
(1)
In general— On October 1 of each fiscal year, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior to carry out this section, to remain available until expended—
(A)
for coastal wetland restoration on land managed by the Director of the United States Fish and Wildlife Service—
(i)
$250,000,000 for each of fiscal years 2021 and 2022;
(ii)
$500,000,000 for each of fiscal years 2023 and 2024; and
(iii)
$750,000,000 for each of fiscal years 2025 through 2030; and
(B)
for coastal wetland restoration on land managed by the Director of the National Park Service—
(i)
$250,000,000 for each of fiscal years 2021 and 2022;
(ii)
$500,000,000 for each of fiscal years 2023 and 2024;
(iii)
$1,000,000,000 for each of fiscal years 2025 and 2026;
(iv)
$2,000,000,000 for each of fiscal years 2027 and 2028; and
(v)
$4,000,000,000 for each of fiscal years 2029 and 2030.
(2)
Receipt and acceptance— The Secretary of the Interior shall be entitled to receive, shall accept, and shall use to carry out this section in accordance with paragraph (1) the funds transferred under that paragraph, without further appropriation.