[118th Congress Public Law 138]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 1651]]
Public Law 118-138
118th Congress
An Act
To authorize the Secretary of the Interior, through the Coastal Program
of the United States Fish and Wildlife Service, to work with willing
partners and provide support to efforts to assess, protect, restore, and
enhance important coastal landscapes that provide fish and wildlife
habitat on which certain Federal trust species depend, and for other
purposes. <<NOTE: Dec. 11, 2024 - [H.R. 2950]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Coastal Habitat
Conservation Act of 2023.>>
SECTION 1. <<NOTE: 16 USC 8301 note.>> SHORT TITLE.
This Act may be cited as the ``Coastal Habitat Conservation Act of
2023''.
SEC. 2. <<NOTE: 16 USC 8301.>> PURPOSE.
The purpose of this Act is to legislatively authorize the Coastal
Program of the Service in effect as of the date of the enactment of this
Act to conduct collaborative landscape-level planning and on-the-ground
coastal habitat assessment, coastal habitat protection, coastal habitat
restoration, and coastal habitat enhancement projects in priority
coastal landscapes to conserve and recover Federal trust species.
SEC. 3. <<NOTE: 16 USC 8302.>> DEFINITIONS.
In this Act:
(1) Coastal ecosystem.--The term ``coastal ecosystem'' means
a biological community of organisms interacting with each other
and their habitats in a coastal landscape.
(2) Coastal habitat assessment.--The term ``coastal habitat
assessment'' means the process of evaluating the physical,
chemical, and biological function of a coastal site to determine
the value of the site to fish and wildlife.
(3) Coastal habitat enhancement.--The term ``coastal habitat
enhancement'' means the manipulation of the physical, chemical,
or biological characteristics of a coastal ecosystem to increase
or decrease specific biological functions that make the
ecosystem valuable to fish and wildlife.
(4) Coastal habitat planning.--The term ``coastal habitat
planning'' means the process of developing a comprehensive plan
that--
(A) characterizes a coastal ecosystem;
(B) sets protection, restoration, or enhancement
goals and identifies the priorities of those goals;
(C) describes conservation strategies and
methodologies;
(D) establishes a timetable for implementation of
the plan; and
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(E) identifies roles of participants and
stakeholders.
(5) Coastal habitat protection.--
(A) In general.--The term ``coastal habitat
protection'' means a long-term action to safeguard
habitat of value to fish and wildlife in a coastal
ecosystem.
(B) Inclusion.--The term ``coastal habitat
protection'' includes activities to support
establishment of a conservation easement or fee title
acquisition by Federal and non-Federal partners.
(6) Coastal habitat restoration.--The term ``coastal habitat
restoration'' means the manipulation of the physical, chemical,
or biological characteristics of a coastal ecosystem with the
goal of returning, to the maximum extent practicable, the full
natural biological functions to lost or degraded native habitat.
(7) Coastal landscape.--The term ``coastal landscape'' means
a portion of a coastal ecosystem within or adjacent to a coastal
State that contains various habitat types, including--
(A) a fresh or saltwater wetland in a coastal
watershed;
(B) a coastal river, stream, or waterway;
(C) a coastal bay or estuary;
(D) a seagrass bed, reef, or other nearshore marine
habitat;
(E) a beach or dune system;
(F) a mangrove forest; and
(G) an associated coastal upland.
(8) Coastal state.--The term ``coastal State'' means--
(A) a State in, or bordering on, the Atlantic,
Pacific, or Arctic Ocean, the Gulf of Mexico, the Long
Island Sound, or 1 or more of the Great Lakes;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(9) Federal trust species.--The term ``Federal trust
species'' means migratory birds, threatened species or
endangered species listed under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), interjurisdictional fish, and
marine mammals for which the Secretary has management authority.
(10) Financial assistance.--The term ``financial
assistance'' means Federal funding provided to Federal, State,
local, or Tribal governments, nongovernmental institutions,
nonprofit organizations, and private individuals and entities
through a grant or cooperative agreement.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
(13) Technical assistance.--The term ``technical
assistance'' means a collaboration, facilitation, or consulting
action
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relating to a coastal habitat planning, coastal habitat
assessment, coastal habitat protection, coastal habitat
restoration, or coastal habitat enhancement project or
initiative in which the Service contributes scientific
knowledge, skills, and expertise to the project or initiative.
SEC. 4. <<NOTE: 16 USC 8303.>> COASTAL PROGRAM.
The Secretary shall carry out the Coastal Program within the Service
to--
(1) identify the leading threats to priority coastal
landscapes and conservation actions to address those threats in
partnership with Federal, State, local, and Tribal governments,
nongovernmental institutions, nonprofit organizations, and
private individuals and entities;
(2) provide technical assistance and financial assistance
through partnerships with Federal, State, local, and Tribal
governments, nongovernmental institutions, nonprofit
organizations, and private individuals and entities to conduct
voluntary coastal habitat planning, coastal habitat assessment,
coastal habitat protection, coastal habitat restoration, and
coastal habitat enhancement projects on public land or private
land;
(3) ensure the health and resilience of coastal ecosystems
through adaptive management procedures based on the best
available science;
(4) build the capacity of Federal, State, local, and Tribal
governments, nongovernmental institutions, nonprofit
organizations, and private individuals and entities to carry out
environmental conservation and stewardship measures;
(5) assist in the development and implementation of
monitoring protocols to ensure the success of coastal ecosystem
restoration and coastal ecosystem enhancement measures; and
(6) collaborate and share information with partners and the
public relating to best management practices for the
conservation, restoration, and enhancement of coastal
ecosystems.
SEC. 5. <<NOTE: 16 USC 8304.>> REPORTS.
(a) <<NOTE: Time period. Public information. Web posting.>> In
General.--Not later than 1 year after the date of the enactment of this
Act, and annually thereafter, the Secretary, acting through the Director
of the Service, shall submit to the Committees on Appropriations and
Natural Resources of the House of Representatives and the Committees on
Appropriations and Environment and Public Works of the Senate, and make
available to the public on the website of the Service, a report on the
Coastal Program carried out under this Act.
(b) Requirements.--Each report submitted under subsection (a) shall
assess on regional and nationwide bases--
(1) Coastal Program work on coastal ecosystems;
(2) progress made by the Coastal Program toward identifying
the leading threats to priority coastal landscapes and
conservation actions to address those threats; and
(3) prospects for, and success of, protecting, restoring,
and enhancing coastal ecosystems.
(c) Inclusions.--Each report submitted under subsection (a) shall
include--
(1) quantitative information on coastal landscapes
protected, restored, or enhanced;
(2) funds appropriated to the Coastal Program that have been
expended or leveraged;
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(3) a description of adaptive management practices
implemented; and
(4) a description of emerging challenges or data gaps that
hinder the ability of the Coastal Program to achieve the purpose
of this Act.
SEC. 6. <<NOTE: 16 USC 8305.>> AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$16,957,000 for each of fiscal years 2024 through 2028.
Approved December 11, 2024.
LEGISLATIVE HISTORY--H.R. 2950 (S. 1381):
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HOUSE REPORTS: No. 118-671 (Comm. on Natural Resources).
SENATE REPORTS: No. 118-127 (Comm. on Environment and Public Works)
accompanying S. 1381.
CONGRESSIONAL RECORD, Vol. 170 (2024):
Sept. 24, considered and passed House.
Nov. 21, considered and passed Senate.
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